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Hello, the final appraisal conclusion is determined by the hospital. If you apply for a work-related injury determination first, the compensation amount can only be finalized after waiting for the appraisal level, and the compensation amount will vary from place to place for the same level. Here's how to do it:
1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** according to the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.; 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. 4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer.
After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Is this still a disability? It's just crippled!
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The two penalties can be identified as a grade 10 work-related injury, and then combined into a grade 9 disability based on the principle of work-related injury promotion.
According to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T 16180-2014
Promotion principle. Promotion principle. For patients with multiple injuries to the same organ or system, or injuries to different parts of more than one organ at the same time, the degree of individual disability should be assessed first. If several disability levels are different, the severity is graded; If two or more levels are the same, a maximum of one level will be promoted.
Management of pre-existing disabilities and comorbidities.
In the process of labor ability appraisal, if there are complications after work-related injury or occupational disease, the disability level shall be assessed accordingly.
The actual disabling outcome at the time of identification is based.
If there is a history of pre-existing disability or disease of the organ damaged by the work-related injury, i.e., single or double organ (e.g., eyes, limbs, kidneys) or system injury, the appraisal should be checked to see whether the injury aggravates the pre-existing disability, and if the pre-existing disability is aggravated, the appraisal shall be based on the disability of the facts; If the injury is less severe than the original disability, the evaluation will be based on the disabling outcome of the injury.
The treatment of the original disability applies to the initial or re-evaluation, and the re-evaluation does not apply to these rules.
Level 10. Grading principles.
Partial organ defect, abnormal morphology, no dysfunction, no medical dependence or general medical dependence, no self-care disorder.
2) Facial scarring, skin grafting, foreign body pigmentation or loss of pigmentation >> 2cm2;
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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Hello, to the problem you described, the lawyer replied as follows:
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
Fourth, a lawyer can be hired for personal ** caused by the accident, and the lawyer's fees will also be borne by the future party who is a loser. Blessing!
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It is recommended that you go to the provincial ** or court-designated medical institution to do a disability evaluation, so that the results are more authoritative and can be directly used as evidence.
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i) Level 9. 1) mild epilepsy;
2) toxic peripheral neuropathy, mild sensory impairment;
3) no functional impairment in cerebral contusion;
4) Patients without dysfunction after craniotomy;
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 stenting 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 at other parts, and those who need to wear wigs;
9) Neck scar deformity, which does not affect activities;
10) Whole body scar occupies body surface area 5;
11) Facial scars of 8 cm2 or three or more than 1 cm2;
12) Low back pain after two or more transverse process fractures;
13) Three-level spinal fixation;
14) The height of the leading edge of the vertebral compression is 1 2;
15) No dysfunction after discectomy;
16) 1 2 missing part of the distal part of the thumb;
17) 2 3 segments of the index finger of one hand are missing;
18) loss of function of the interphalangeal joints of the thumb;
19) missing distal hallux of one foot;
20) Missing or scarring deformity of the other two toes except the big toe, and insufficiency;
21) Metatarsal or tarsal fractures affecting the arch of the foot;
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The level of disability needs to be determined by the level of disability.
1. Medical expenses: determined according to the actual amount, invoices, receipts, etc.;
2. Lost work pay: the daily income is determined according to the income certificate, and calculated according to the lost work time;
3. Nursing expenses: the expenses of hiring nurses; If the family caregivers are calculated with reference to the lost time pay;
4. Transportation expenses: determined according to the actual expenses, invoices, etc.;
5. Accommodation fee: calculated per person per day, the standard is the statistical data of Datong City in 2007;
6. Hospitalization meal subsidy: calculated per person per day, the standard is the statistical data of Datong City in 2007;
7. Nutrition fee: determined according to the appraisal conclusion;
8. Disability compensation: According to the appraisal conclusion, according to the disability grade coefficient, it is calculated for 20 years, and the base is the statistical data of the per capita annual income of Datong City in 2007;
9. Expenses for disability appliances: calculated according to actual needs, determined according to invoices and receipts;
10. Follow-up fee: determined according to the appraisal opinion;
11. Aftercare fee: determined according to the appraisal opinion;
12. Compensation for moral damages.
Statistical data are available online.
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