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Lawyer's analysis: lumbar vertebra fracture, the specific classification needs to be qualitative according to the fracture, and the classification of general disability can be divided into ten grades.
If there is a reduction in work and ability after a mild lumbar restriction fracture, but some of the social skills are mildly limited, this is generally rated as a grade 10 disability.
If the ability to perform activities of daily living is mostly limited and the ability to socialize is mostly limited, this is level nine. If the ability to move in daily life is partially limited, work intermittently, and some social interaction is restricted, this is a grade 8 disability, and if the ability to move in daily life is severely limited, and short-term activities are not restricted, if the long-term activity is restricted, or if the working hours are significantly shortened, this is a grade 7 disability.
If a small part of the ability to perform daily living is limited, various activities are reduced, and the person is unable to perform the original job, it is a grade 6 disability.
The most serious thing is a first-class disability, in this case, you can't take care of yourself at all, all rely on the help of others, or special facilities, if you don't do this, you can't maintain a normal life, or your consciousness disappears, and you are completely out of bed for a long time, which is a first-class disability and the most serious disability.
Therefore, according to the condition of the fracture, it is necessary to analyze the specific problem to determine the level of disability.
Legal basis]: "Regulations on Work-related Injury Insurance" Article 17 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 Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region.
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If an employee has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct a grade appraisal of the degree of labor dysfunction and the degree of self-care impairment and the appraisal of his or her ability to work in accordance with the law. Among them, labor dysfunction is divided into ten levels of disability, the most severe is level 1, and the lightest level is 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. Employees injured at work shall enjoy different levels of work-related injury benefits in accordance with the disability appraisal issued by the labor ability appraisal department. If the compression fracture of the spine is reduced by more than 1 2 at the front edge, this is about level 8, and the work-related injury needs to be identified at the labor bureau first, and then apply for labor ability level appraisal.
Finally, the compensation is calculated according to the grade, salary, and age.
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 from the work-related injury insurance ** according to the level of disability, and the salary of the employee shall be 7 months for the 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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1. Rating standards for work-related injuries of employees.
The rating of employees' work-related injuries is mainly based on the work-related injury level appraisal standard. 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. The standards for the appraisal of labor ability shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health and other departments.
Among them, those who meet the standards level 1 to 4 are completely incapacitated, those who meet the standards are mostly incapacitated, and those who meet the standards are partially incapacitated.
2. Work-related injury appraisal institutions.
The organizational form of the work-related injury appraisal agency is generally the "labor appraisal committee", which is called the "labor appraisal team" in some small and medium-sized enterprises. Labor appraisal committees at or above the county level are generally composed of the leaders of labor, health, personnel and other administrative departments and trade unions. A small number of localities also recruited comrades from commodity prices, civil affairs and other departments, as well as directors of major hospitals.
Most of the directors of the labor appraisal committees are the leaders in charge of the labor administrative departments or the heads of the city and county levels.
3. Specific work-related injury ratings.
Lumbar vertebra fractures generally belong to grade 9, and serious attributes are grade 8.
According to the occupational disease disability rating GB T16180-2014
Level 9. Grading principles.
Partial organ defect, abnormal morphology, mild functional impairment, no medical dependence or general medical dependence, no impairment in self-care.
12) Vertebral compression fracture, the height of the anterior edge of the vertebral body is reduced by less than 1 2;
13) After intervertebral disc nucleus pulposus resection;
Level 8. Grading principles.
Partial defect of the instrument, abnormal morphology, mild dysfunction, general medical dependence, no impairment in self-care.
13) Compression fracture of the spine, the height of the anterior edge of the vertebral body is reduced by more than 1 2 or the fracture of spinal instability;
14) Spinal fixation with 3 or more segments.
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For lumbar vertebra fracture work-related injuries that belong to several levels of disability, it is necessary to go to the labor bureau to identify the work-related injury, and then apply for the appraisal of the labor ability level, and determine the disability level according to the injury. Finally, the compensation is calculated according to the grade, salary, and age.
Lumbar vertebra fractures generally belong to grade 7 to grade 10 disability, and a one-time disability subsidy should be paid according to the level of disability from the labor and training 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.
Legal basis: Article 17 of the Regulations on Work-related Injury Insurance: If an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for work-related injury recognition to the administrative department of the overall regional social insurance policy.
1.According to the described injuries, combined with the provisions of Item 12 of the 10-level disability appraisal standard GB T 16180-2014 "no dysfunction or mild dysfunction after the healing of fractures in various parts of the body", the disability level is about 10, and the specific results depend on the appraisal conclusion of the expert group of the labor ability appraisal committee; >>>More
81 is fine. It is recommended that you better be in 80cy. 81fm is still very slow. After 90m5, you can hurry. The 100 after 5 method is the fastest.
7 months' salary for grade 10 disability Note: My salary refers to the average monthly salary paid by the injured employee in the 12 months before he or she was injured in an accident or suffered from an occupational disease due to 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. >>>More
There are definitely disability levels.
I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability. >>>More
A broken foot is generally a grade 10 disability. However, in order to determine the level of disability, the employer and the employee shall apply for the determination of work-related injury in accordance with the law, and determine the employee's disability level according to the work-related injury determination decision made by the social security administrative department. >>>More