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How many levels should be identified first, and then compensation should be made according to the actual situation.
Common fracture class 10 disability:
1. Comminuted fracture of the ulna or radius.
After 4 months of rest, the evaluation can be done, and the electromyography can be seen to see whether the ulnar and radial nerves are damaged.
2. Clavicle fracture: observe whether the arm movement is limited and whether you can lift up to touch the top of the head.
Fractured ribs or 2 ribs missing.
4. Comminuted fracture of the patella, plus internal fixation, and the relaxation conditions can be up to grade 10; Linear fractures of the patella are not readily disable.
5. Comminuted fracture of the medial malleolus or lateral malleolus in a large area, resulting in uneven feet of both feet, can be done grade 10; Fracture of the medial and lateral malleolus at the same time can be done in grade 10.
6. Compression fracture of one-third of the lumbar or thoracic vertebrae, grade 10. Observe whether the CT compression surface reaches one-third.
7. Craniocerebral fracture, coma symptoms at the time of admission, accompanied by subarachnoid hemorrhage, can be done grade 10; Only a head fracture or epilepsy is not easy to be disabled.
8. The standard of epilepsy disability is high. Traumatic epilepsy: with head injury (damage to the brain), high seizure frequency (frequent seizures 3 to 6 months after discharge), and no history of epilepsy prior to the injury.
Traumatic epilepsy, which can be controlled by medication, but residual EEG changes are moderate or above.
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1. What is the evaluation standard for fracture disability rating?
1. The evaluation standard for fracture disability is from grade 10 to grade 1. The specific level of disability will vary according to the severity of the fracture, the method taken, and the sequelae left, the more severe the fracture, the higher the disability level will be assessed. The specific level of disability assessment needs to be assessed by a designated professional appraisal agency.
2. Legal basis: Article 8 of the "Measures for the Administration of Labor Ability Appraisal" If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, the employer or the injured employee may submit an initial application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts. The time limit for applying for labor ability appraisal shall not exceed 2 years from the date of making the conclusion of the determination of work-related injury.
If the injured employee is unable to submit an application, his close relatives may submit the application on his behalf.
Article 15 The Labor Ability Appraisal Committee shall make a conclusion on the appraisal of the working ability on the basis of the appraisal opinions of the expert group, and shall prepare a conclusion of the appraisal of the working ability, indicating the following matters:
1) Basic information of employees and their employers;
2) An introduction to the injury;
3) The basis for making the evaluation;
4) Appraisal conclusions.
2. What materials should be submitted when applying for work-related injury determination.
The following materials shall be submitted to submit an application for determination of work-related injury:
1. Application form for work-related injury identification;
2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer;
3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
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Legal analysis: According to the relevant laws and regulations of our country, for the evaluation standards of fracture and disability, it is necessary for the authoritative appraisal agency to conduct the appraisal according to the relevant specific provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Occupational Workers in the Appraisal of Labor Ability Appraisal and the Appraisal Standards of the Degree of Human Injury".
Legal basis: Full text of "Disability Levels of Work-related Injuries and Occupational Diseases of Employees Assessed by Labor Ability".
Full text of the Identification Criteria for the Degree of Human Injury.
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Different disability appraisal standards and different types of disability appraisal are generally different, and the specific disability level identified by the appraisal agency shall prevail, please refer to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" and "Classification of Disability Caused by Human Injury".
Legal basis: The full text of the disability level caused by work-related injuries and occupational diseases of employees in the appraisal of labor ability.
Grading of the degree of disability caused by human injuries Cong Qing Hao" full text.
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Common fracture grade 10 disability: comminuted fracture of the ulna or radius; clavicle fracture; 4 ribs fractured or 2 ribs missing;
comminuted fracture of the patella; comminuted fracture of a large area of medial or lateral malleolus; compression fracture of the lumbar or thoracic vertebral third of the vertebral body; craniocerebral fracture; The epilepsy disability standard is more demanding.
Legal basis: Article 22 of the Regulations on Work-related Injury Insurance stipulates that the appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care disorder.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
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