Can a fracture at the base of the distal toe of the left foot be rated as a grade 10 disability?

If the base of the distal thumb of the left foot is fractured due to a work-related injury, can it be rated as a grade 10 disability? If you have a fracture, you can go to an appraisal agency for an appraisal, which is generally able to reach the tenth level of disability.

The assessment of the disability level is carried out by experts commissioned by the Labor Bureau, and it is not up to one person to have the final say.

Four Circumstances for Determining Work-related Injuries in the Judicial Interpretation of the Supreme People's Court According to Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, the following four circumstances may be recognized as work-related injuries: (1) The employee is injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it was caused by non-work-related reasons; (2) Employees are harmed by participating in activities organized by the employer or being assigned by the employer to participate in activities organized by other units; (3) During working hours, an employee travels between multiple workplaces related to his or her job duties in a reasonable area and is injured as a result of work; (4) Other injuries related to the performance of work duties during working hours and within a reasonable area.

There is no compensation after retirement for work-related injury level 10, and old injuries** can enjoy work-related injury medical treatment. The treatment of work-related injury level 10 is a one-time disability subsidy of 7 months' salary, which can be settled when the conclusion of the labor ability appraisal is made; The one-time medical subsidy and employment subsidy for work-related injuries shall be settled when the labor contract is dissolved or terminated, but if the retirement labor contract of the injured employee is terminated, it shall not be paid, and the old injury ** can enjoy the medical treatment of work-related injury. If an employee with a work-related injury grade 10 terminates the labor relationship with the unit where the accident is injured before retirement, and receives a one-time medical subsidy and employment subsidy for work-related injury, the work-related injury insurance relationship has been terminated and he no longer enjoys work-related injury insurance benefits, and the old injury ** does not enjoy work-related injury medical treatment after retirement.

1) Apply for injury appraisal, if it constitutes a minor injury, you need to bear criminal responsibility; (2) Apply for disability appraisal and calculate disability compensation and other related expenses according to the disability level; Level 1 disability is the per capita disposable income of urban residents or the per capita net income of rural residents multiplied by 20 years and then multiplied by 100%, and the level 2 disability multiplied by 90%, and so on, multiplied by 20% for grade 9 disability and 10% for grade 10 disability. 3) Compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, living expenses of dependents, moral compensation, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation, the compensation obligor shall also compensate.

1. The fracture of the distal phalange of the first phalange of the left foot is classified as a grade 10 disability according to the "Standards for the Appraisal of the Disability Degree of Work-related Injuries and Occupational Diseases of Employees" according to the work-related injury disability. 2. 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 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.

Hello, the distal first phalange of the left foot is fractured, which is not up to the level of work-related injury. If it is a comminuted fracture, it can be rated....

The final level of work-related injury disability is subject to the disability appraisal results, and the fracture of the distal first phalange of the left foot that you describe can generally be rated as a grade 10 work-related injury.

The fracture of the first metatarsal margin of the left foot should be considered a work-related injury. This one is not very serious.

Yes, if you need to be conservative, it must be a grade 10 work-related injury. If surgery is required, it must be a grade 9 work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she is injured in an accident during working hours and in the workplace due to work-related reasons. (2) Injured in an accident while engaged 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) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident.

6) Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work. (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

The level of disability is determined by experts commissioned by the Labor Bureau, and it is not easy to say that it is accurate.

This question for you needs the hospital's diagnosis certificate and the labor department's work-related injury recognition application, and then see how many levels the industry and commerce will do for you.

Out of reach. The minimum work-related injury is disability grade 10. The criteria are as follows: Grade 10 disability 1) meeting one of the criteria for moderate disfigurement;

2) Facial scarring, skin grafting, foreign body pigmentation or loss of pigmentation >> 2 cm2;

3) the total scar area <5%, but 1%;

4) Patients with osteoarthritis of the spine with low back pain after trauma, aged under 50 years old;

5) Patients with intervertebral disc herniation who have not undergone surgery;

Not just a fracture can be rated as a 10. The specific regulations are that those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body are classified as grade 10 disability. Disability appraisal mainly looks at whether the person has disability, functional impairment and dependence on medical treatment and daily life care, and appropriately considers the influence of social and psychological factors caused by disability, and comprehensively determines and grades the degree of disability.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: 1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours. (3) Suffering violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational diseases. (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident. 6) Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work. (7) Other circumstances that laws and administrative regulations provide shall be found to refer to the injured injury.

Article 8 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work shall fill in the application form for the appraisal of the working ability and submit the following materials: (1) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical record management of medical institutions; (2) The original of the worker's resident ID card or social security card and other valid identification.

Not just a fracture can be rated as a 10. The specific regulations are that those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body are classified as grade 10 disability. Disability evaluation mainly looks at whether the injured person has disability, functional impairment and dependence on medical treatment and daily life care, and appropriately considers the influence of social and hidden psychological factors caused by disability, and comprehensively determines and grades the degree of disability.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: 1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Injured in an accident while engaged 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) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident. 6) Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work. (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work shall fill in the application form for labor ability appraisal and submit the following materials: (1) complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management; (2) The original of the worker's resident ID card or social security card and other valid identification.

Legal analysis: Whether a fracture can be rated as a disability grade is mainly based on the location and severity of the fracture, as well as the functional impairment caused by the later stage. As long as the fracture affects the function, it may generally be assessed as a disability according to the regulations, because the identification of the disability level is mainly based on whether the injury will have a negative impact on life and work.

For those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body, the disability level should be able to be rated as a grade 10 disability. However, in many regions, labor ability appraisal committees believe that a simple finger or toe fracture cannot be recognized as a grade 10 disability. Therefore, there are regional differences in this, and some areas do not classify disability for distal fractures of fingers.

Legal basis

Administrative Measures of the People's Republic of China for the Appraisal of the Labor Ability of Employees Injured at Work Article 8 The application form for the appraisal of the working ability shall be filled in and the following materials shall be submitted: (1) the original and photocopy of the Decision on the Determination of Work-related Injuries; (2) 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 medical record management; (3) The original and photocopy of the worker's resident identity card or social security card and other valid identification; (4) Other materials specified by the Labor Ability Appraisal Committee.

Judgment is based on the final recovery from coccygeal injury. If a patient with a coccyx fracture has undergone symptomatic treatment, the degree of coccyx injury has little impact on daily life, and some work may be limited, but the ability to communicate daily is not affected, it can generally be identified as a grade 10 disability. If the coccyx fracture is severely injured by violence, intractable pain occurs, and the coccyx fracture does not heal well, it may affect the patient's sitting, walking and other functions, and the disability smile macroscopic rating may be correspondingly increased, which can be identified as grade 9.

In addition, if the caudal vertebra is fractured and there is paralysis caused by nerve damage, it can be identified as grade 1 at most.

Article 5 of the Regulations on Work-related Injury Insurance is responsible for the work-related injury insurance work of the whole country. The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas.

1. According to Article 17 of the Regulations on Work-related Injury Insurance, you shall submit an application for work-related injury recognition to the local labor and social security administrative department as soon as possible and within 30 days after the accident occurs. The unit will not be so active or even do not want to declare at all. According to the regulations, individual workers can declare.

2. The following materials shall be submitted to apply for work-related injury recognition according to the regulations:

Application Form for Determination of Work-related Injury;

Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. 3. The identification of work-related injuries is an important step in determining whether you can enjoy work-related injury insurance and its benefits in the next step, and it is necessary to do it as soon as possible. According to the provisions, the administrative department for labor and social security shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the employee's unit in writing of the application for work-related injury determination.

4. According to the provisions of the Regulations on Work-related Injury Insurance, if an employee of the employer suffers a work-related injury during the period when the employer has not participated in the work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. The amount of compensation shall be determined according to the level of labor ability appraisal. 5. I would like to remind you that if an employee is injured in an accident at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits will remain unchanged during the suspension period, and will be paid by the unit on a monthly basis.

Don't let the unit infringe on your legitimate rights and interests.

The minimum is also a 10-level work-related injury, and it may also be a 9-level injury (because the amputation of the thumb will affect normal walking).

Because there is such a sentence in the "Appraisal Standards for Disability Procedures Caused by Work-related Injuries and Occupational Diseases of Employees": If there is a fracture of various parts of the body and there is no functional impairment after **, it can be assessed as a grade 10 disability, which is clearly stipulated.

Attached Grade 10 Workers' Compensation for Workers' Compensation:

The treatment for grade 10 work-related injuries is as follows:

First of all, all medical expenses will be reimbursed, and secondly, all wages during hospitalization will be paid normally (these two items are the most basic, the medical expenses are paid by the human resources and social security bureau, and the salary unit is paid).

And then the rest is three one-time subsidies (I said that the Shanghai social security base is 3560, so all the following calculations are based on 3560, as for your local social security base, I am not very clear, you can ask your company's personnel, but it is generally a little more than 3,000):

The one-time disability subsidy, level 10 is 7 months' salary (the average salary in the 12 months before the work injury) is 7 3560 = 24920, which is paid by the local human resources and social security bureau.

If you leave your job, you can enjoy an additional one-time medical subsidy for work-related injuries, which is the average salary of the previous year in the overall area for 4 months, not your salary, but the average salary of the area in the previous year, for example, our local is 3960, and then multiplied by 4, about more than 10,000 points (the average salary in Shanghai is definitely higher, check it yourself), and the Human Resources and Social Security Bureau pays it.

A one-time disability employment subsidy, which is also obtained after leaving the job, is paid by the unit, and the average salary of the local area for 8 months, about more than 40,000 yuan, is paid by the unit (if you are about to retire, this piece is not available).