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Legal analysis: avulsion fractures usually have the severity of the fracture and after the fracture heals, there will be no serious sequelae such as limb movement dysfunction, so the rating will not be too high. If it is a local avulsion fracture without obvious displacement, it can be fixed by splint or plaster cast, and if it can be healed, it can only be rated at most about 12 grades.
If it is an avulsion fracture, the displacement is very obvious, and surgical incision is necessary, so that the fracture end is reduced and fixed with a K-wire or screw, it can be rated as grade 10 or 11, so the disability level that can be assessed for avulsion fracture must be determined according to the severity of the injury and the method of treatment.
Legal basis: Law of the People's Republic of China on the Protection of Persons with Disabilities
Article 1: This Law is formulated on the basis of the Constitution so as to preserve the lawful rights and interests of persons with disabilities, to develop the cause of persons with disabilities, to ensure that persons with disabilities fully participate in social life on an equal footing, and to share the material and cultural achievements of society.
Article 2: Persons with disabilities refer to persons who have lost or are abnormal in certain organizations or functions in terms of psychological, physiological, or human body structure, and who have lost all or part of their ability to engage in certain activities in a normal manner.
Persons with disabilities include persons with visual disabilities, hearing disabilities, speech disabilities, physical disabilities, intellectual disabilities, mental disabilities, multiple disabilities, and other disabilities. Disability criteria are set by ***.
Article 3: Persons with disabilities enjoy equal rights with other citizens in political, economic, cultural, social and family life. The civil rights and human dignity of persons with disabilities are protected by law. Discrimination on the basis of disability is prohibited.
It is forbidden to insult or infringe on persons with disabilities. It is forbidden to use the mass media or other means to belittle or harm the personality of persons with disabilities.
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Generally speaking, a fracture constitutes a grade 9 to 10 disability.
Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:
Regulations on Work-related Injury Insurance
Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability 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 who are injured at work and whose need is confirmed to be in need of work-related injuries shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.
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If it is a work-related injury, the avulsion fracture can be rated as a work-related injury grade 10. If it is a personal injury, a fracture that meets the rating criteria can also be assessed as a grade 10 disability.
Legal basis. Labor Ability Appraisal Grading of Disability Caused by Work-related Injuries and Occupational Diseases
Grade 10 (14) No functional impairment after healing of fractures in various parts of the body;
Grading of the degree of disability caused by human injury
Grade 10 neck and chest injuries.
7) More than 6 rib fractures, or more than 2 rib parts are missing; More than 4 rib fractures and 2 deformities healed;
Injuries to the spine, pelvis and limbs.
4) Two or more pelvic fractures or comminuted fractures, malunion and malunion;
7) long bone fractures of the limbs in adolescents involving the epiphysis;
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Legal analysis: It is necessary to carefully determine the number of levels of disability based on the appraisal results of the judicial appraisal institution. Because everyone's recovery and injury level is different.
Legal basis: Zebi Civil Procedure Law of the People's Republic of China Article 76 The parties may apply to the people's court for appraisal on the specialized issues of ascertaining the facts. Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one.
Where a party has not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.
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If the avulsion fracture is caused by the following circumstances, after applying for work-related injury determination, you can apply for disability registration for labor ability appraisal: you are injured due to work-related reasons or your whereabouts are unknown in an accident while you are away from work; Injured in an accident during working hours and in the workplace due to work-related reasons; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; Other.
Legal basis. Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
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 ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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According to the provisions of the "Labor Ability Appraisal Disability Rating of Employees Caused by Work-related Injuries and Occupational Diseases" (GB T 16180-2014) Level 10 12) "No functional impairment or mild functional impairment after the healing of fractures in various parts of the body", it can be assessed as a grade 10 disability. (Note: Two Grade 10 disability can be upgraded to Grade 9 disability for work-related injuries, but the interpretation of whether to be promoted varies from place to place, and it is recommended to refer to the opinions of the local appraisal agency).
This type of fracture is an open fracture, i.e. a fracture of the bone and the bone capsule together. When it comes to diet, pay attention to the following: >>>More
Avulsion fracture, due to ligament traction, the bone at the ligament attachment site is peeled off along with the ligament, forming a bone fragment, which is called an avulsion fracture. Conditionally, it can be administered locally, so that the drug can quickly penetrate into the injured part, quickly relieve pain and swelling, promote blood circulation and eliminate stasis, and continue the tendons to achieve the purpose, and it is safe and reliable, and generally 2-3 side drugs have reached the clinical standard.
It constitutes a disability of about 10 grades.
Generally, in addition to the regular medical expenses and rest pay, there is a one-time compensation of about two years' salary. >>>More
Comminuted fracture belongs to the level of disability depends on the specific situation, it is recommended to go to the hospital for identification, the following can be referred to: >>>More
**After stabilization, apply to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau for disability appraisal. It can be set at a level of ten. >>>More