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It can be set as a work-related injury level 10, and the specific results shall be subject to the results of labor ability appraisal.
Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases
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;
According to Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are injured at work and are identified as having a Grade 10 disability shall enjoy the following benefits:
1. If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;
2. The work-related injury insurance** shall pay the hospital meal subsidy according to the standards stipulated by the province or city;
3. If the employee is suspended from work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension and salary, and shall be paid by the unit on a monthly basis;
4. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself;
5. Pay a one-time disability subsidy from work-related injury insurance** for 7 months' salary;
6. The labor ability appraisal fee shall be paid by the work-related injury insurance**;
7. If the labor is dissolved or terminated, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.
The salary for calculating the one-time disability allowance refers to the average monthly salary paid by the injured employee in the 12 months prior to the injury caused by an accident or occupational disease at work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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According to the description, it can be preliminarily judged to be a grade 10 disability. The specific results shall be subject to the results of the labor ability appraisal.
According to GB T16180-2014 "Labor Ability Appraisal Disability Rating of Work-related Injuries and Occupational Diseases of Employees".
Level 10 standard: 14) No dysfunction after healing of fractures in various parts of the body;
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A wrist fracture is generally considered a grade 10 disability. Although wrist fractures have a great impact on daily life, they are relatively minor compared to other injuries and diseases, and they can be recovered by paying attention to self-cultivation, so they are recognized as grade 10 disability in the relevant laws and regulations.
[Legal basis].
The "Criteria for the Appraisal of the Degree of Human Injury" follows the principle of seeking truth from facts, and adheres to the principle of primary injury caused by the direct injury factors to the human body and the complications or sequelae caused by the injury. Article 37 of the "Regulations on Work-related Injury 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 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 employment subsidy for disability. 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.
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Wrist fracture is a loss of more than 75% of the rotational function of the forearm of the upper limb, and is generally regarded as a grade 10 disability, which is subject to the appraisal certificate of the appraisal department.
[Legal basis].Grading of the degree of disability caused by human injuries》 Injuries of the spine, pelvis and limbs.
1) Fracture of the odontoid process of the pivotal vertebrae, affecting function;
2) a vertebral compression fracture (compression degree up to 1 3) or comminuted fracture; 1. Vertebral fracture after surgery**;
3) Fracture of more than four transverse processes, spinous processes or pedicles, affecting function;
4) Two or more pelvic fractures or comminuted fractures, malunion and malunion;
5) resection of one patella;
6) Cruciate ligament and meniscus with collateral ligament laceration of one side of the knee after surgery**, affecting the function;
7) long bone fractures of the limbs in adolescents involving the epiphysis;
8) Loss of rotation function of the forearm of the upper limb by more than 75%;
9) The difference in length between the two upper limbs is more than that;
10) The difference in the length of the two lower limbs is more than that;
11) Loss of function of any major joint of the limbs (except ankle joint) by more than 25%;
12) Loss of more than 50% of the function of the ankle joint;
13) Traumatic arthritis after fracture of any major joint of the lower limbs;
14) Circulatory disorders of important blood vessels of the limbs, affecting function;
15) complete loss of the little finger of one hand and partial defect of the fifth metacarpal bone;
16) loss of hallux function of one foot by more than 75%; The loss of function of one foot and 5 toes is 50%; 50% loss of hallux function in both feet; Complete loss of function of any 4 toes in both feet except the hallux;
17) 1) Comminuted fracture of the calcane, malunion;
18) Partial destruction of the arch structure of one foot;
19) Loss of hand or foot function: 10 points.
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Summary. Legal Analysis When assessing the level of disability, the following factors need to be considered:1
Disability location: A wrist fracture is a limb fracture, and its disability level is related to the severity and scope of the fracture. 2.
Functional impairment: Wrist fractures may lead to hand dysfunction, such as limited finger movement and decreased hand strength, which can also affect the assessment of disability level. 3.
Factors such as age, occupation, and education: These factors may affect the injured person's ability and employment prospects, as well as the assessment of the disability level. <>
How to pay for a wrist fracture as a few levels of disability.
Legal basis According to the Interim Provisions of the People's Republic of China on the Appraisal and Recognition of Labor Ability, the disability level of a wrist fracture is the <> assessed by Xianyan according to the degree of disability
Legal Analysis When assessing the level of disability, the following factors need to be considered:1Disability Parts:
A wrist fracture is a fracture of the limbs, and its disability level is related to the severity and extent of the fracture. 2.Dysfunction:
A wrist fracture may lead to hand dysfunction such as limited finger movement and decreased hand strength, which can also affect the assessment of disability level. 3.Factors such as age, occupation, and education level:
These factors may affect the injured person's ability and employment prospects, and will also have an impact on the assessment of the disability level. <>
Legal basis: According to the assessment results, the employer shall pay compensation in accordance with relevant regulations. The specific compensation standards and methods of this may vary depending on the region, industry, company size, etc
According to the assessment results, the employer shall make compensation in accordance with relevant regulations. The specific compensation standards and methods may vary depending on the region, industry, company size, etc., and it is necessary to consult the local labor and social security department or the company's human resources and resources department to understand the latest relevant policies and regulations.
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Patients with no or mild dysfunction after the wrist fracture has healed can be identified as a grade 10 disability.
1. Grade 9 work-related injury appraisal standards.
The criteria for grade 9 disability assessment are: 1. Mild epilepsy; 2. Toxic peripheral neuropathy with mild sensory impairment; 3. No dysfunction in cerebral contusion and laceration; 4. After craniotomy, there is no dysfunction; 5. No dysfunction of intracranial foreign body; 6. Common cervical and internal carotid artery stenosis caused by neck trauma, and there is no dysfunction after stent placement or vascular bypass surgery; 7. Those who meet two of the criteria for moderate disfigurement or are mildly disfigured; 8. Cicatricial baldness at the hairline margin or baldness in other parts, and wigs need to be worn; 9. Neck scar deformity, but does not affect activities; 10. The scar of the whole body occupies more than or equal to 5% of the body surface area, etc.
2. Appraisal of the disability level of work-related injury palm fractures.
Whether the palm fracture in the work-related injury constitutes disability and how many levels of disability it constitutes is determined by the work-related injury appraisal. According to the law of phase splitting, those who have no dysfunction or mild and high degree dysfunction after the healing of fractures in various parts of the body constitute a grade 10 disability.
Labor ability appraisal refers to the grading appraisal of 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 level 1 and the least being level 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially.
3. How to compensate for the level of disability of the coccygeal vertebrae fracture?
According to the relevant judicial interpretations, the certificate of lost work is generally based on the hospital certificate or appraisal conclusion, and the hospital certificate is based on the principle of a special written certificate stamped by the hospital. Disability appraisal should be carried out at the labor and social security department, and based on the information you provide, it is generally impossible to judge the level of disability work-related injuries and coccyx fractures in line with the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability". It is stipulated that there is no functional impairment or mild functional impairment after the fracture of all parts of the body has healed.
Labor Ability Appraisal Employee Disability Rating of Work-related Injuries and Occupational Diseases" 10-level grading principle: partial organ defect, abnormal morphology, no functional impairment, no medical dependence on Qiyuan lead or general medical dependence, no self-care disorder. 12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body;
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A wrist fracture is considered a Grade 9 disability. After the end of the injured person, the party or its person shall submit an application for disability appraisal to the traffic police brigade, and the brigade shall issue an appointment notice for disability appraisal to the injured person after making a preliminary examination, and the injured person shall hold the disability appraisal appointment notice at the specified time and requirements to the designated place for inspection and assessment.
What are the criteria for disability identification:
1. Serious injury, which makes a person's limbs disabled, disfigured, deaf, visual, or other organ functions, or other injuries that cause major harm to personal health, including serious injuries of the first degree and serious injuries of the second degree;
2. Minor injuries, causing damage to human limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that have moderate harm to personal health, including minor injuries of the first degree and minor injuries of the second degree;
3. Minor injury, primary injury caused by various injury factors, causing slight damage to the structure of tissues and organs or slight dysfunction.
[Legal basis].Article 7 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work.
In the event of a work-related injury, if the employee has a disability that affects his or her ability to work after the injury is relatively stable, or if the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts.
Article 8. To apply for labor ability appraisal, the application form for labor imitation and defense ability appraisal shall be filled in and the following materials shall be submitted:
1) Complete medical record materials such as valid diagnosis certificates, examination and test reports copied or reproduced in accordance with the relevant provisions of medical establishments on the management of medical records;
2) The original of the worker's resident ID card or social security card and other valid identification.
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