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If the compression fracture of the lumbar vertebra reaches more than one-third, it constitutes a grade 10 disability.
If the victim is disabled due to injury, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, compensation for mental damages, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Calculation overview. 1. Lost time pay = monthly income of lost work and lost work time.
2. Medical expenses compensation = diagnosis and treatment expenses + medical expenses + hospitalization expenses + others.
3. Hospitalization meal subsidy = standard of food subsidy for general staff of state organs on business trips (yuan days) Number of days of hospitalization.
4. Nursing fee = the same level of nursing labor remuneration standard for nursing workers at the place where the traffic accident occurred Number of nursing days.
5. Funeral expenses = 6 months of average monthly wages of employees in the previous year at the location of the court where the lawsuit is filed.
6. Disability assistive device fee = reasonable cost for ordinary appliances.
7. Disability compensation = per capita income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed, disability coefficient and number of years of compensation.
8. Living expenses of dependents = per capita annual consumption expenditure of urban residents (rural residents) in the previous year and years of dependency.
9. Death compensation = per capita income of the previous year at the location of the court where the lawsuit is filed for 20 years.
10. In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle suspension loss expenses, mental injury solatium, etc.
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If the vertebral body is compressed by 1 3 or more or the operation ** is used, it can reach the level 10 disability standard. With regard to disability compensation, consideration should be given to the local compensation standard and the nature of the household registration.
If you have any other questions, please send me a private message.
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Subject to disability assessment.
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1. How to compensate for lumbar vertebra fractures.
1. Lumbar vertebral fracture can be preliminarily judged as grade 10 disability. Grade 10 disability can receive a one-time disability subsidy paid by social security, which is 7 months' salary. Wages are calculated on average wages.
In the event of a work-related accident, the employer shall submit an application for work-related injury recognition within 30 days, and if the employer fails to apply in accordance with the regulations, the injured employee or his close relatives may apply for work-related injury recognition within one year, and apply for the appraisal of working ability and disability level after the end of the application, and the disability grade shall be subject to the appraisal results.
2. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance.
Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury 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;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself 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 disability employment subsidy. 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.
2. How long after lumbar vertebra fracture is disability identification.
Generally, it is required to go to the appraisal agency for disability appraisal after the end of the accident, that is, the injury directly caused by the accident or the complications caused by the injury shall prevail. For serious injuries, a disability assessment will be conducted three months after discharge. In any of the following circumstances, it shall be found to be a work-related injury:
1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Suffering from occupational diseases;
5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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1. How many tens of thousands of lumbar vertebrae fracture will be paid for grade 10 lumbar vertebrae fracture in a car accident.
1. How many tens of thousands of lumbar vertebrae fractures will be paid for grade 10 lumbar vertebrae in a car accident, which needs to be dealt with according to the actual situation. The details are as follows:
1) A one-time disability subsidy is paid according to the level of disability from work-related injury insurance**, which is equivalent to 6 months' salary;
2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.
2. Legal basis: Article 35 of the Regulations on Work-related Injury Insurance.
Employees who are identified as having a disability of grade 7 to 10 due to work-related disability 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: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
2. What are the specific compensation items for traffic accidents?
1. Medical expenses. Medical expenses refer to the expenses necessary for the victim to receive medical examinations, ** and **, mainly including: ** fees, examination fees, medical expenses, ** fees, hospitalization fees and other necessary medical expenses;
2. Lost time pay. Lost time pay refers to the loss of legitimate income due to the victim's inability to work due to bodily injury. The calculation of lost time pay should take into account the time lost and the victim's fair income;
3. Nursing fees. Nursing expenses refer to the cost of lost work or the cost of hiring necessary caregivers due to the care of the victim. The calculation of nursing fees should take into account the number of nursing personnel, nursing time, and the legitimate income standard of nursing staff;
4. Hospitalization meal subsidy. The hospital meal subsidy refers to the reasonable compensation for the food expenses incurred by the victim during the hospitalization**. The hospital meal allowance is calculated on the basis of the actual length of hospitalization, and is calculated with reference to the standard of business trip meal allowance for general state employees in the victim's location;
5. Nutrition fee. Nutrition expenses refer to the expenses incurred by the victim to purchase nutritional products other than the daily diet in order to assist ** or make the body as soon as possible** after suffering damage. The court shall determine whether to pay compensation based on the circumstances of the person's disability and the opinion of the ** institution.
The amount of compensation for nutrition expenses is generally $20 to $30 per day; The time for reimbursement of nutrition expenses is calculated based on the actual period of time during which supplementary nutrition is required to recover from the injury. However, the maximum claim calculation period shall not exceed six months;
6. Transportation and accommodation expenses. Medical transportation and accommodation expenses refer to the expenses incurred by the victim and the necessary nursing personnel for driving, boating, and accommodation in the course of the injury.
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How many levels can lumbar vertebrae fractures be assessed for disability, and how much is the compensation? How many levels can lumbar vertebrae fractures be assessed for disability, and how much compensation is paid according to Article 35 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a seventh-to-tenth-grade 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 work-related injury insurance, and the standard is:
12 months' wages for Grade 7 disability, 10 months' wages for Grade 8 disability, 8 months' wages for Grade 9 disability, and 6 months' wages for Grade 10 disability; 2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions, and municipalities under the jurisdiction of the direct hail. 1. According to Article 7 of the Labor Law, the employer shall establish an employment relationship with the employee from the date of employment.
2. According to Article 7 of the Regulations on Work-related Injury Insurance, work-related injury insurance** is composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with law. Article 10 An employer shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.
3. In any of the following circumstances, it shall be found to be a work-related injury: (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 preparatory or finishing work related to work in the workplace before or after working hours; 3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties; 4. Suffering from occupational diseases; 5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; (6) Being injured in a motor vehicle accident while commuting to or from work; 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations. Do you understand this explanation?
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Legal Analysis: Generally Grade 10 Disability.
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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (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) Being 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.
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