Can a minor fracture identify a grade 10 disability?

As long as the diagnosis of fracture is clear, it seems that it can be rated as a grade 10 disability.

Not counted. The standard for the appraisal of work-related injury level is the appraisal of labor ability, which refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

Not counted. The standard for the appraisal of work-related injury level is the appraisal of labor ability, which refers to the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being a grade 1 and the mildest being grade 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal Analysis: Not counted. For whether a slight bone crack is considered a grade 10 work-related injury, it is necessary to be identified by a special work-related injury appraisal agency, and then issue a professional appraisal certificate and rating, because the situation in practice is more complicated, and it is difficult to draw conclusions without appraisal.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, with the consent of the administrative department for reporting to the social insurance department, the time limit for filing a side application may be appropriately extended.

This is uncertain. Only those who have been identified and issued with an appraisal certificate must have a special work-related injury appraisal agency can be counted as work-related injuries and ratings. Bone cracks can also be identified.

In fact, bone crack is also a type of fracture! In some places, the assessment of such injuries can reach grade 10 disability, while in others it is not. Basis:

Labor Ability Appraisal Article 12 of the 10th Grade Disability Series of the Appraisal of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees stipulates that there is no functional impairment or mild functional impairment of the finger after the fracture of all parts of the body is healed.

Classification of the degree of disability caused by human injury》 Based on the consequences or outcomes of injury, the degree of loss of tissues and organs or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the identification should be carried out realistically. If the injured person meets two or more levels of disability, the evaluation opinion shall indicate the level of disability in each place. This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate.

Based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and the influence of social interaction and psychological factors caused by disability, the degree of early disability is comprehensively determined.

OK. As long as it is a medically recognized fracture, it can be assessed as at least a grade 10 disability.

According to the disability assessment standard of "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability":

1) Ten-level grading principle Partial organ defect, abnormal morphology, no functional impairment, no medical dependence or general medical dependence, no self-care disorder.

2) 10-level clause series: Anyone who meets or one of the following clauses is a work-related injury grade 10. Those who have no dysfunction or mild dysfunction after the healing of fractures in various parts of the body.

Legal basis. Article 37 of the Regulations on Work-related Injury Stool and Pants Insurance If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is:

13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.