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Details of disability assessment standards for grades 1-10 and compensation standards

The disability standards for work-related injuries from grades 1 to 10 are as follows:

1. The identification standards for first-grade disability include: severe facial disfigurement, accompanied by the second-grade disability in Table b2 One: severe scar formation all over the body, accounting for 390% of the body surface area, accompanied by a basic loss of mobility of the spine and large joints of the limbs; loss or complete loss of function above both elbow joints; high-level loss of both lower limbs and high-level loss of one upper limb, etc.;

2. Second-level disability identification standards include: severe organ defects or deformities, severe dysfunction or complications, special medical dependence, or those who cannot take care of themselves for most of their lives;

3 , Third-level disability identification standards include: severe organ defects or malformations, severe dysfunction or complications, special medical dependence, or those who are unable to take care of themselves in some aspects of life;

4. Fourth-level disability identification Criteria include: total muscle paralysis in one hand and muscle strength level; cerebrospinal fluid leakage accompanied by skull base bone defect that cannot be repaired or repeated surgeries failed; moderate facial disfigurement; whole body scar area 0, limited movement function of 1 large joint of the limbs; facial scar Or 1/2 of the skin is grafted and slightly disfigured; both thumbs are completely missing or have no function, etc.;

5. Five-level disability identification standards include: incomplete apraxia, agraphia, alexia, alexia, It is considered that there are multiple conditions: scars all over the body occupy 0% of the body surface area, and there is limited joint mobility; facial scars or skin grafts/3 and one of the disfigurement standards; spinal fractures with scoliosis or kyphosis of more than 30 degrees, Severe radicular neuralgia is based on electrophysiological examination; 6. Level 6 disability identification standards include: loss of more than 1/5 of the scalp after avulsion injury; spinal fracture with less than 30 degrees of deformity. Abnormal neurophysiological examination of radicular neuropathy; complete loss of one thumb alone, or loss of two non-thumb fingers of the other hand; complete loss of function of one thumb, complete loss of function of two fingers of the other hand except the thumb, etc.;

7. The seventh-level disability identification standards include: full-thickness skull defect after burns 0cm2, or skin graft area on the dura mater 0cm2; scar contracture in the neck, affecting neck movement; scar area all over the body 0; facial scars, foreign bodies or skin grafting Pigmentation changes occupy more than 10% of the face; 8. Eight-level disability identification standards include: partial muscle paralysis of both feet, muscle strength level 4; partial muscle paralysis of one foot, muscle strength level; after lobotomy No functional impairment; those who meet one of the criteria for severe disfigurement; facial burns, skin grafting, mild foreign body deposition or depigmentation on the face; part of both auricles or most of one auricle, etc.;

9.9 The criteria for identification of grade 1 disability include: neck trauma causing stenosis of the common cervical and internal carotid arteries, no functional impairment after stent implantation or vascular bypass surgery; those meeting two of the moderate disfigurement criteria or mild disfigurement; hairline scarring Alopecia or baldness in other parts of the body, those who need to wear wigs, etc.;

10. The tenth-level disability identification standards include: partial organ defects, abnormal shapes, etc.

Work-related injury assessment and disability compensation process:

1. Work-related injury reporting procedure

This procedure is only available if the employer has purchased work-related injury insurance for its employees through a work-related injury insurance agency. ;

The unit shall submit a work-related injury report to the local labor administration department within 15 days from the date of the work-related injury or the date of diagnosis of the occupational disease;

2. Work-related injury identification procedures

The social insurance agency conducts an investigation into a work-related casualty accident to determine whether it is a work-related injury. This is the first step for general work-related injuries. However, if the employer recognizes the work-related injury in writing and has not purchased work-related injury insurance, this procedure does not need to be followed;

Pay attention to the two times for work-related injury identification: If the employer does not initiate work-related injury identification, the injured person must An application must be submitted to the labor department within one year from the date of the accident. After investigation and determination, the social security agency will notify the unit and the injured person in writing;

3. Work-related injury identification procedure

Work-related injury identification is based on the employee who applied for work-related injury identification being identified as work-related injury. That is, after completing the work-related injury identification process, and after the completion of medical treatment or the expiration of the medical treatment period, the labor appraisal committee at or above the county level will assess the disability level. In a broad sense, work-related injury appraisal includes labor ability appraisal and disability level appraisal.

Work-related injury appraisal in a narrow sense refers to the appraisal of disability level;

4. Negotiation of compensation procedures

After work-related injury appraisal, the amount of compensation can be calculated based on the appraisal standards. If the unit has purchased work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to standards. Those who are not insured specifically refer to those who are insured by a work-related injury insurance agency, and the matter will be resolved through negotiation with the employer in accordance with the standards.

To sum up, if a worker signs a labor contract with an employer, the employer shall apply for work-related injury recognition and enjoy work-related injury benefits. Personal injury compensation generally includes: medical expenses and rehabilitation expenses for treatment of work-related injuries; hospitalization food subsidies; transportation, food and accommodation expenses for medical treatment outside the coordinated area; expenses required for installing and arranging assistive devices for the disabled; if the person cannot take care of himself, the labor ability appraisal Living care expenses confirmed by the committee; one-time disability benefits and monthly disability benefits received by employees with level one to four disabilities; one-time medical benefits that should be enjoyed when the labor contract is terminated or terminated; in the event of death on the job, other Funeral benefits, dependent relatives’ pensions and work-related death benefits received by survivors; labor ability appraisal fees.

Legal basis:

Article 38 of the "Social Insurance Law of the People's Republic of China"

The following expenses incurred due to work-related injuries shall be paid in accordance with national regulations Paid from the work-related injury insurance fund:

(1) Medical expenses and rehabilitation expenses for treatment of work-related injuries;

(2) Hospitalization food subsidy;

(3) ) Transportation, food and accommodation expenses for medical treatment outside the coordinated area;

(4) Costs required for installing and arranging assistive devices for the disabled;

(5) For those who cannot take care of themselves, the cost of Living care expenses confirmed by the Appraisal Committee;

(6) One-time disability subsidy and monthly disability subsidy received by employees with level one to four disabilities;

(7) Termination Or the one-time medical subsidy that should be enjoyed when the labor contract is terminated;

(8) If the person dies on the job, the survivors will receive the funeral subsidy, dependent relative pension and work-related death subsidy;

(9) Labor ability appraisal fee.

Article 1179 of the "People's Republic of China and Civil Code"

Whoever infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, and transportation expenses Reasonable expenses for treatment and recovery such as nutrition expenses, hospitalization food subsidy, etc., as well as reduced income due to missed work. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.