What is the standard for the second degree of minor injury?

You can't give you a definite answer because you can't tell you the exact answer, so look at the rules for yourself. I hope it can help you, if you have any questions, continue to ask. Notice of the Judicial Appraisal Administration of the Ministry of Justice on Issues Concerning the Application of the "Standards for the Appraisal of the Degree of Human Injury" (2014) Sijian No. 1 Judicial Appraisal Administration (Division) of the Judicial Appraisal Administration of Provincial, Autonomous Region and Municipality Directly Governed Municipality Judicial Appraisal Administration (Division):

After consultation with the Supreme People's Court and other relevant departments, notice is hereby given on the following issues related to the application of the "Standards for the Appraisal of the Degree of Human Injury" (hereinafter referred to as the "Injury Standards"): 1. Where the conduct causing injury occurred before January 1, 2014, has not yet been tried or is currently being tried, and it is necessary to conduct an evaluation of the degree of injury, the original evaluation standards apply. However, if the injury does not constitute according to the "Injury Standards" or the degree of injury is relatively minor, the "Injury Standards" shall apply.

2. Where the conduct causing injury occurred after January 1, 2014, and it is necessary to conduct an evaluation of the extent of the injury, the "Injury Standards" apply. III. Where it is necessary to conduct a new evaluation of judgments or rulings that have already taken legal effect before January 1, 2014, it is to be conducted in accordance with the original evaluation standards. Please inform all forensic institutions of the contents of this notice in a timely manner.

Notice is hereby given on January 6, 2014.

The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and State Security.

All, Ministry of Justice.

The announcement on the issuance of the "Standards for the Appraisal of the Degree of Human Injury" stipulates the standardization and standardization of the appraisal of the degree of personal injury. The second degree of minor injury shall be implemented in accordance with the "Standards for the Appraisal of the Degree of Human Injury", which will come into force on January 1, 2014.

Legal Analysis: Section 1.

1. The cumulative length of the scalp wound or scar is more than centimeter. Clause.

2. Scalp avulsion wound surface accumulation of more than square centimeters; The area of the scalp defect is more than a square centimeter. Clause.

3. The subgal subaponeurosis hematoma is more than square centimeters. Clause.

4. Skull fracture. Clause.

5. Traumatic subarachnoid hemorrhage. Clause.

6. Cranial nerve damage causes corresponding neurological dysfunction.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The disability allowance received by the disabled employees of the fifth and sixth grades on a monthly basis;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

The details of the second-level appraisal criteria for minor injuries are as follows:Clause. 1. The length of the scalp wound or scar is more than 10 centimeters.

Clause. 2. The area of scalp avulsion is more than square centimeters.

The area of scalp defect is more than one centimeter per square meter.

Clause. 3. The subgal subaponeurosis hematoma is more than square centimeters.

Clause. 4. Skull fracture.

Clause. 5. Traumatic subarachnoid hemorrhage.

Clause. 6. Cranial nerve injury causes corresponding neurological dysfunction.

Scalp wounds or scars that accumulate more than a long time.

Scalp avulsion area cumulatively or more; The area of the scalp defect is cumulative.

Above the extent of the subgal aponeurosis hematoma.

Skull fractures. Traumatic subarachnoid hemorrhage.

Cranial nerve damage causes neurological dysfunction.

a single wound on the face or more than the length of the scar; Multiple wounds or scar lengths are more than cumulative.

Cheek penetrating wounds, ** wounds or scar lengths or more.

Full-thickness laceration of the lips, ** wound or scar length or more.

Massive scars on the face, more than a single patch or more than a cumulative area.

Patchy small scars or pigmented abnormalities on the face, accumulating more than the area.

Orbital wall fractures (other than isolated orbital wall fractures).

Eyelid defects. Mild ectropion of one eyelid.

One side of the upper eyelid droops to cover the pupil.

1. What is the second-level appraisal standard for minor injuries?

1. The secondary identification criteria for minor injuries are as follows:

1) The length of a single wound or scar on the face is more than centimeter, and the cumulative length of multiple wounds or scars is more than centimeter;

2) Cheek penetrating wound, ** wound or scar length of more than centimeters;

3) Full-thickness laceration of the lips, ** wound or scar length of more than centimeters;

4) Massive scars on the face, with a single area of more than 2 centimeters or more than a cumulative square centimeter of multiple areas.

Legal basisArticle 234 of the Criminal Law of the People's Republic of China.

Intentional injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

2. What are the compensation items for causing minor injuries in the second degree?

The compensation items for minor injury in the second degree are as follows:

1. Medical expenses, hospital meal subsidies, transportation expenses for medical treatment in other places, accommodation expenses;

2. **** fee, assistive device fee, living care fee;

3. Wages during the period of suspension of work;

4. One-time disability subsidy;

5. Disability allowance;

6. One-time disability employment subsidy and one-time work-related injury medical subsidy, etc.

The details of the second-level appraisal criteria for minor injuries are as follows:Clause. 1. The cumulative length of the scalp wound or scar is more than centimeter.

Clause. 2. The area of scalp avulsion is more than square centimeters.

The area of the scalp defect is more than a square centimeter.

Clause. 3. The subgal subaponeurosis hematoma is more than square centimeters.

Clause. 4. Skull fracture.

Clause. 5. Traumatic subarachnoid hemorrhage.

Clause. 6. Cranial nerve damage causes corresponding neurological dysfunction.

Legal analysisThe premise of Shanghai's social security transfer to other places is that Kaijue Town must have an acceptance account in other places, and the current social security transfer is usually the transfer of two types of insurance: pension and medical care. Let's take a look at the specific steps: 1. Pension insurance:

Take your ID card to the Shanghai Social Security Center to print the "Basic Pension Participation Certificate", give this voucher to the social security center in the new insurance place, and handle it according to the process. After the insured person establishes the basic endowment insurance relationship and pays the premiums in accordance with the provisions of the new place of employment, the employer or the insured person shall submit a written application to the social security agency of the new place of insurance for the transfer and continuation of the basic endowment insurance relationship. Within 15 working days, the social security agency of the new place of insurance shall review the application for transfer and continuation, and if it meets the conditions specified in these measures, it shall issue a letter of consent to the social security agency where the original basic pension insurance relationship of the insured person is located, and provide relevant information; For those who do not meet the conditions for transfer and continuation, a written explanation shall be made to the applicant unit or insured person.

Legal basisSocial Insurance Law of the People's Republic of China Article 19 If an individual is employed across the overall planning area, his basic pension insurance relationship shall be transferred with him/herself, and the payment period shall be calculated cumulatively. When an individual reaches the statutory retirement age, the basic pension is calculated and paid in stages. The specific measures are stipulated by ***.

Legal Analysis: The criteria for minor injuries in the second degree are: a

Scalp wounds or scars that accumulate more than a long time. b.The area of scalp avulsion is more than the accumulation of the area of the skin defect.

c.Above the extent of the subgal aponeurosis hematoma. d.

Skull fractures. e.Traumatic subarachnoid hemorrhage.

f.Cranial nerve damage causes neurological dysfunction.

The degree of human body loss is divided into the first level of serious injury, the second level of serious injury, the first level of minor injury, the second level of minor injury and the fifth level of minor injury, and the serious injury is divided into serious injury level 1 and serious injury level 2. Minor injuries are classified as minor injuries (1st degree) and minor injuries (2nd degree). Serious injury level 2 is the lower limit of serious injury, which is connected with serious injury level 1, and the upper limit of serious injury level 1 is causing death; Minor injury level 2 is the lower limit of minor injury, which is connected with minor injury level 1, and the upper limit of minor injury level 1 is connected with serious injury level 2. It is more in line with the requirements of the lawsuit, provides the judge with a clearer sentencing basis, and also restricts the judge's discretion through technical standards.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.

According to the Standards for the Appraisal of the Degree of Human Injury, minor injuries refer to injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that cause moderate harm to human health, including minor injuries of the first degree and minor injuries of the second degree. The criteria for the second-degree identification of minor injuries are as follows:

1. The cumulative length of the scalp wound or scar is more than centimeter. Clause.

2. The area of scalp avulsion is more than square centimeters. The area of the scalp defect is more than a square centimeter. Clause.

3. The subgal subaponeurosis hematoma is more than square centimeters. Clause.

4. Skull fracture. Clause.

5. Traumatic subarachnoid hemorrhage. Clause.

6. Cranial nerve damage causes corresponding neurological dysfunction.

Legal basisCriteria for the Identification of the Degree of Human Injury

Flesh wound. Causing damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ function, or other impairment of personal health.

Degree injuries include minor injuries of the first degree and minor injuries of the second degree.

Minor injuries of the second degree. a) Scalp wound or scar length is more than cumulative.

b) Scalp avulsion area accumulation.

2 or more; Scalp defect area cumulative.

2 or more; c) extent of subgalial hematoma.

2 or more; d) Skull fractures.

e) Traumatic subarachnoid hemorrhage.

f) Cranial nerve damage causes corresponding neurological dysfunction.

There are different standards for minor injuries in different parts of the second degree, and I think it is good to send out the specific injuries to help you analyze. Of course, there are standards for the identification of the degree of human injury on the Internet, which can also be compared by yourself.

The details of the second-level appraisal criteria for minor injuries are as follows:Clause. 1. The cumulative length of the scalp wound or scar is more than centimeter.

Clause. 2. The area of scalp avulsion is more than square centimeters.

The area of the scalp defect is more than a square centimeter.

Clause. 3. The subgal subaponeurosis hematoma is more than square centimeters.

Clause. 4. Skull fracture.

Clause. 5. Traumatic subarachnoid hemorrhage.

Clause. 6. Cranial nerve damage causes corresponding neurological dysfunction.

Legal analysis: Minor injuries in the second degree refer to the physical, chemical, biological and other external factors acting on the human body to cause damage to the human limbs or appearance, hearing, vision or other organ function impairment or other injuries that have moderate harm to personal health.

Legal basis: Criteria for the Identification of the Degree of Human Injury "Minor Injuries Level 2: Cranial and Spinal Cord d) Skull Fracture; a) A single wound on the face or a scar length or more; Multiple wounds or scar lengths are more than cumulative.

e) Facial flaky fine scars or pigment abnormalities, the area is more than cumulative. f) Orbital wall fracture (except for isolated orbital wall fracture). comminuted fractures of the face, auricle o) nasal bone; bilateral nasal fractures; nasal bone fracture with maxillary frontal process fracture; nasal bone fracture with nasal septal fracture; Bilateral maxillary frontal process fractures.

t) Jaw fracture (except alveolar process fracture and frontal process fracture of one side of the maxilla). u) Fracture of the cheekbone. Auditory hearing b) fracture or dislocation of the ossicle; Oscletic chain fixation.

Neck d) Throat cartilage fracture. f) Hyoid fracture. Chest lesions b) 2 or more rib fractures.

c) sternal fracture; clavicle fracture; Fracture of the scapula. Pelvic and perineal a) Pelvic fractures. Spine and limbs d) vertebral fracture or vertebral dislocation (except where caudal vertebral dislocation does not affect function); Traumatic disc herniation.

i) the first toe is missing beyond the interphalangeal joint; Any second toe other than the first toe is missing beyond the interphalangeal joint; One toe is missing. j) fracture of two phalanges; A phalange fracture with a metatarsal fracture. k) Fracture of two metatarsal bones or complete fracture of one metatarsal; fractures of the talus, calcaneus, dice, cuneiform, or navicular bones; Metatarsal dislocation.

Hand b) A knuckle other than the thumb is severed or missing. c) Linear fracture of two phalanges or comminuted fracture of one phalanx (excluding the 2nd to 5th phalanges). d) Scaphoid fracture, lunate dislocation, or complete metacarpal fracture.

Others: k) Fracture fixation damage requiring surgical replacement or repair.