1. What is the compensation standard for the fourth-degree disability of the upper extremity muscle power in traffic accidents?
Traffic accident upper limb muscular fourth-degree disability compensation standards are as follows:
First and fourth-degree work injury disability compensation standards
Maintain labor relations, resignation, enjoy the following treatments:
(1) a one-time disability benefit according to the level of disability from the Workers' Compensation Insurance Fund, the standard is: my fourth-degree disability of 21 months of salary. Regardless of whether the workers' compensation organization is retired or not, it is required to be paid to the employee. If you do not participate in the workers' compensation insurance, the employer will pay.
(2) monthly disability allowance paid from the workers' compensation insurance fund, the standard is:75% of my salary for fourth-degree disability. Until I retire or die.
2. Other compensation
(1) Treatment (medical) expenses. The cost of treatment for work-related injuries must be in accordance with the Catalog of Workers' Compensation Insurance Diagnostic and Treatment Items, the Catalog of Workers' Compensation Insurance Drugs, and the Standard of Workers' Compensation Insurance Hospitalization Services.
(2) Hospitalization meal allowance. If an employee is hospitalized due to a work-related injury, his/her employer shall grant him/her a hospital meal allowance in accordance with 70% of the unit's standard meal allowance for business trips.
(3) Transportation and accommodation expenses for medical treatment in other places. Based on the certificate issued by the medical institution and submitted to the agency for approval, the injured employee shall be reimbursed by the unit for the transportation, accommodation and expenses incurred by the unit in accordance with the standard of business trip for the employees of the unit when he/she seeks medical treatment outside the co-ordinated area.
(4) Expenses for rehabilitation treatment. Expenses for rehabilitation treatment of injured workers at medical institutions with which service agreements have been signed shall be paid from the Work Injury Insurance Fund if they meet the requirements of paragraph 3 of this Article in the Catalogue of Diagnostic and Treatment Items for Work Injury Insurance, the Catalogue of Medicines for Work Injury Insurance, and the Standards of Inpatient Services for Work Injury Insurance.
(5) Fees for auxiliary equipment. Injured workers may be fitted with assistive devices such as artificial limbs, orthopedic devices, prosthetic eyes, dentures, wheelchairs, etc., due to the needs of daily life or employment, and the required fees shall be paid from the Workmen's Compensation Insurance Fund in accordance with the standards stipulated by the State. (6) Wages for the period of suspended pay. If an employee has an accident at work or suffers from an occupational disease and needs to stop work to receive medical treatment for the injury, the original wages and benefits shall remain unchanged during the period of leave without pay, which shall be paid by the organization on a monthly basis.
(7) Life care expenses. The injured worker who cannot take care of himself or herself needs nursing care during the period of work stoppage, and his or her unit is responsible for this. If the injured worker is assessed as disabled by the Labor Capacity Appraisal Committee and confirmed to be in need of life care, the cost of life care shall be paid by the Work Injury Insurance Fund on a monthly basis. Living care expenses are paid according to three different levels, namely, completely unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself. The standard is 50%, 40% or 30% of the average monthly salary of the workers in the previous year in the coordinated area.
Second, the disability rating appraisal
The injured person is discharged from the hospital, after the injury is stabilized, should apply for qualified appraisal institutions for appraisal. The following are the reference standards for assessing the grade of disability:
[First-degree disability]
(I), brain, spinal cord and peripheral nerve injury:
1. Vegetative state;
2. Extreme mental retardation (IQ of 20 or less) or insanity, and completely unable to take care of themselves in their daily lives;
3. Quadriplegia (three limbs or more than the third grade of muscular strength or below );
4. Paraplegia with incontinence (muscle strength below grade 2).
(2) Head and facial injuries:
1. Bilateral loss of eyeballs;
2. Loss of one eye and severe deformity of the other eye, blindness grade 5.
(3) Severe deformity healing and respiratory dysfunction due to thoracic spine injury.
(4) Severe respiratory and swallowing dysfunction due to neck injury.
(5) Chest injury:
1. Lung lobectomy or bilateral pleura extensive severe adhesion or thoracic deformity, severe respiratory dysfunction;
2. Cardiac insufficiency, grade IV; or cardiac insufficiency, cardiac function grade _ with obvious organic arrhythmia.
(6) Abdominal injury:
1. After resection of stomach, intestines and digestive glands, the digestion and absorption function is severely impaired, and daily life cannot be taken care of;
2. Bilateral nephrectomy or complete loss of function, and daily life cannot be taken care of at all.
(7) Limb injury:
1. Loss of more than three limbs (upper limb above the wrist joint, lower limb above the ankle joint);
2. Loss of two limbs (upper limb above the elbow joint, lower limb above the knee joint), with the other limb losing more than 50% of its function;
3. Loss of two limbs (upper limb above the wrist joint, lower limb above the ankle joint), with the third limb completely losing its function;
4. Loss of two limbs (upper limb above the wrist joint, lower limb above the ankle joint), with the third limb completely losing its function;
5. Loss of function of the third limb;
4. Loss of one limb (upper limb above the elbow joint and lower limb above the ankle joint), complete loss of function of the second limb, and loss of function of the third limb of more than 50%;
5. Loss of one limb (upper limb above the carpal joint, and lower limb above the ankle joint), and complete loss of function of the other two limbs.
6. Complete loss of function of three limbs.
(viii) Scar formation due to skin injury amounting to 76% or more of the body surface area.
[Second-degree disability]
(i), brain, spinal cord and peripheral nerve injuries:
1. Severe mental retardation (IQ of 34 or less) or mental retardation, with the need for help in daily life at all times;
2. Complete aphasia;
3. Blindness of the eyes at grade 5
4. Quadriplegia (both limbs at grade 2 or below) muscle strength);
5. hemiplegia or paraplegia (below grade 2 muscle strength).
(2) Head and face injuries:
1. Absence of one eye and blindness in the other eye in Grade IV; or absence of one eye and severe deformity in the other eye with blindness of Grade 3 or more;
2. Severe drooping of the eyelids of both eyes (or severe deformity) with blindness of more than Grade IV; or severe ptosis (or severe deformity) of the eyelids of one eye, with blindness of Grade IV or more in this eye
3. Blindness of grade 5 in one eye;
4. Extreme hearing impairment in both ears, with bilateral auricular loss (or severe deformity); or extreme deafness in both ears, with auricular loss in one ear, and severe deformity in the other ear;
5. Scar formation in all directions.
(3) Severe deformity healing and respiratory dysfunction due to thoracic spine injury.
(4) Respiratory and swallowing dysfunction due to neck injury.
(5) Thoracic injury:
1. Lobectomy of the lungs or extensive and severe pleural adhesions or thoracic deformities and respiratory dysfunction;
2. Cardiac insufficiency with cardiac function grade _; or cardiac insufficiency with cardiac function grade _ with obvious organic arrhythmia.
(6) Abdominal injury resulting in nephrectomy or complete loss of function of one side of the kidneys and severe renal dysfunction of the other side.
(7) Limb injury:
1. Loss of both limbs (upper limb above the elbow joint and lower limb above the knee joint);
2. Loss of one limb (upper limb above the elbow joint and lower limb above the knee joint) and complete loss of function of the other limb;
3. Complete loss of function of both limbs or more.
(viii) Scar formation due to skin injury amounting to 68% or more of the body surface area.
[Third-degree disability]
(i), Brain, spinal cord and peripheral nerve injuries:
1. Severe mental disorder or psychiatric disorders, inability to live completely independently, often requiring supervision;
2. Severe traumatic epilepsy, uncontrollable by medication, with major epileptic seizures occurring more than once a month or with limited epileptic seizures occurring more than four times a month or with minor epileptic seizures more than seven times a week or psychomotor seizures more than three times a month;
3. Bilateral severe facial paralysis that is difficult to recover from;
4. Severe involuntary movement or ****济调调;
5. Quadriplegia (less than grade 3 muscle strength in two or more limbs);
6. Hemiplegia or paraplegia (less than grade 3 muscle strength);
7, Fecal or urinary incontinence, difficult to recover.
(2) Head and facial injuries:
1. Loss of one eye and blindness in the other eye at grade 3; or loss of one eye and severe deformity in the other eye with low grade 2 vision.
2. severe ptosis (or severe deformity) of the eyelids of both eyes with blindness at grade 3 or more; or severe ptosis (or severe deformity) of the eyelids of one eye with blindness in this eye at grade 3 or more and in the other eye at grade 4 or more;
3. blindness of the eye at grade 4 or more;
4. near complete visual field loss in both eyes (less than 5 in diameter);
5. absence of the upper jaw and the mandibular defects, with more than 24 teeth missing;
6. Extreme hearing impairment in both ears, with one auricle missing (or severely malformed);
7. Extreme hearing impairment in one ear, severe hearing impairment in the other ear, with one auricle missing (or severely malformed), and the other auricle missing (or malformed) more than 50 percent of the way through;
8. Severe hearing impairment in both ears, with Missing (or severely deformed) auricles on both sides; or severe hearing impairment in both ears, with one auricle missing and the other severely deformed;
9. Facial scar formation of 80% or more.
(3) Thoracic spine injury resulting in severe deformity healing that severely affects respiratory function.
(4) Neck injury:
1. Scar formation and complete loss of neck mobility;
2. Severe impact on breathing and swallowing function.
(5), chest injury:
1. Lobectomy of lungs, extensive pleural adhesions, or thoracic deformity seriously affecting respiratory function;
2. Cardiac insufficiency, cardiac function class _ with organic arrhythmia; or cardiac function class _ with obvious organic arrhythmia.
(6) Abdominal injury:
1. Digestive and absorptive dysfunction after resection of the stomach, intestines, digestive glands, etc.
2. Nephrectomy or complete loss of function on one side, and moderate dysfunction of the other side; or severe bilateral renal insufficiency.
(7), caused by destruction of the basin:
1. Absence or complete atrophy of both ovaries in females;
2. Incontinence of urine and feces, which is difficult to recover.
(8), limb injury:
1. loss of both limbs (upper limb above the wrist joint, lower limb above the ankle joint);
2. loss of one limb (upper limb above the elbow joint, lower limb above the knee joint), and loss of function of the other limb of more than 50%;
3. loss of one limb (upper limb above the wrist joint, lower limb above the ankle joint ) and total loss of function of the other limb;
4. Total loss of function of one limb and loss of more than 50% of function of the other limb.
(9) Scar formation due to skin injury amounting to more than 60% of the body surface area.
[Grade 4 disability]
(1) Brain, spinal cord and peripheral nerve injuries:
1. Moderate mental retardation (IQ less than 49) or psychiatric disorders, with severe limitation of daily living ability and occasional need for assistance;
2. Severe motor aphasia or severe sensory aphasia;
3. Quadriplegia (muscle strength of both limbs or more) Grade 4 or less);
4. hemiplegia or paraplegia (muscle strength grade 4 or less);
In contemporary society, once a traffic accident occurs, there will inevitably be personal injuries. At this time, we need to consider our health and safety and future compensation costs. In fact, we do not need to worry about these. For example, medical expenses, lost wages are borne by the other party, and there are also disability allowances. These are calculated based on our own level.
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