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Classification basis for grade 9 disability.
1.The ability to perform daily activities is mostly limited; 2.decreased ability to work and learn; 3.Social communication skills are mostly limited;
Classification of 10 levels of disability.
1.Partial limitation of the ability to perform daily activities; 2.a decline in the ability to work and study; 3.Partially limited social communication skills.
The higher the level, the lighter the degree.
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According to the work-related injury assessment, it should be able to be rated as 9. Estimate ha.
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Grade 10 or so disability. 1. Apply for work-related injury recognition first. The employer shall, within 30 days from the date of occurrence of the accident injury, and the injured employee within one year from the date of the accident injury, directly submit an application for work-related injury determination.
To apply for work-related injury determination, the application form for work-related injury determination shall be filled in and submitted: (1) a copy of the labor contract or other valid proof of the establishment of the labor relationship; (If it is a de facto employment relationship and the employer does not recognize it, it shall apply to the Labor Dispute Arbitration Commission for confirmation of the de facto employment relationship). 2) A certificate of post-injury diagnosis issued by a medical institution, etc.
2. Appraisal of working ability (appraisal of disability level). If the injured employee has expired the period of suspension of work with pay or the injury is in a relatively stable state during the period, he or she may submit an application for labor ability appraisal, fill in the "Labor Ability Appraisal (Confirmation) Form for Work-related Injured Employees", and submit: (1) 1 copy of the work-related injury determination decision or the "Work-related Injury Certificate"; (2) 1 copy of the ID card of the person being appraised, 2 copies of one inch**; (3) Liang Ran's copy of the medical record, diagnosis certificate, physical and chemical test report, CT, X-ray and other diagnosis and treatment materials of the person being evaluated; (4) Miscellaneous.
3. Work-related injury benefits. Disability includes: Medical expenses, Hospital meal allowance, Nursing expenses, Lump sum disability allowance
Employee's monthly wage, number of statutory months (different months of different disability levels), one-time medical subsidy: the average monthly wage standard of Chongqing employees, the number of statutory months (different disability levels correspond to different months), one-time disability employment subsidy or disability allowance, salary for the period of suspension of work: ** time (different time for different injuries) The average salary of the worker in the 12 months before the injury, follow-up ** expenses, disability assistive device expenses, transportation expenses, etc.
If the negotiation of compensation fails, the employer shall apply for arbitration or litigation of labor disputes at the place where the accident occurred.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies for living in disorderly hospitals, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, expenses for disability rubber and assistive devices, and living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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A severed section of the index finger constitutes a grade 10 disability. If an injured employee has severed the distal segment of his or her index finger and meets the provisions of the national standard "Disability Rating of Work-related Injuries and Occupational Diseases for Employees in the Appraisal of Labor Ability", the distal interphalangeal joint of any finger except the thumb is severed or the function is lost, and it shall be assessed as a grade 10 disability. Legal basis:
Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed 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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A broken index finger is counted as a grade 10 work-related injury. According to the "Work-related Injury Appraisal Standards", the 10th grade disability includes:
1. The distal interphalangeal joint of any finger except the thumb is severed or the function is lost.
2. After finger skin grafting (hypertrophic scar more than 1cm2).
3. The skin grafting area on the back of the hand is 50cm2, and there are obvious scars.
4. 30% of the skin grafting area of palms and soles.
5. In addition to the hallux, the remaining 3 and 4 distal fingers are missing.
6. Except for the hallux, the distal segment of any toe is missing.
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Legal analysis: A broken index finger of the left hand is counted as a grade 10 work-related injury. The compensation for the 10th grade Minling work-related injury is:
1. Medical expenses, reimbursed, including medical expenses during hospitalization, training, and work-related injuries;
2. Hospitalization meal subsidy, transportation, accommodation and food expenses;
3. The salary during the suspension period is equal to the original salary and welfare of the employee;
4. For grade 10 disability, the one-time disability subsidy is 7 months' salary.
The criteria for determining Grade 10 disability for work-related injuries are those who have partial organ defects, abnormal morphology, no functional impairment, no medical dependence, and are able to take care of themselves.
Legal basis: Regulations of the People's Republic of China 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 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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