Can a comminuted fracture of the first joint of the big toe be assessed for disability due to work r

Hello, in this case, it is recommended to apply for a work-related injury identification first, and then you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer.

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

You can go to a work-related injury appraisal agency to identify the lower structure and do not constitute a disability level appraisal.

Generally, it is possible, and the specific identification should be done.

Comminuted fracture of the distal finger of the left thumb of the injured hand should be around grade 10, and the general finger fracture may meet the standard of grade 10 disability for work-related injury. Medical expenses, wages for the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, etc., may be compensated, and if the appraisal results constitute a grade 10 disability, a one-time disability allowance is 7 months' salary; If the labor relationship is dissolved or terminated, the worker can also enjoy a one-time disability employment subsidy and a one-time work-related injury medical subsidy, and the specific standards of the one-time work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of the provinces, autonomous regions and municipalities directly under the Central Government. If a higher level of disability is identified, more compensation will be awarded.

Legal basis] Regulations on Work-related Injury Insurance

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 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 work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary 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. Article 38 Employees injured at work who are injured at work and whose need is confirmed to be in need of them shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.

Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

There is about level 9, but the identification criteria are different for different locations, so please refer to it.

The powdered fracture of the left hallux caused by the worker's work-related injury meets the national standard "Labor Ability DU Appraisal of Employees' Work-related Injuries and Disability Levels of Occupational Diseases" GB T16180-2014

Grade 10" and "12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body" shall be assessed as Grade 10 disability.

National Standards of the People's Republic of China.

Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases

gb/t16180-2014

Ten-level grading principle.

Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-care disorder.

10-level clause series.

Anyone who meets one of the following conditions is a work-related injury grade 10.

12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body;