1. If internal fixation is not performed, it will be rated as Grade 10 disability and can be promoted to Grade 9 disability;
2, one foot internal fixation were assessed as grade nine disability and grade ten disability, should be treated as grade nine disability;
3. If all patients are treated with internal fixation, they will be assessed as grade 9 disability and can be promoted to grade 8 disability.
According to the provisions of Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance and Shaanxi Province, employees injured in construction sites in Shaanxi Province, who are identified as Grade 8 (Grade 9) disabled, enjoy the following treatment:
1. If the expenses for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund;
2, by the industrial injury insurance fund in accordance with the provisions of the provinces and cities to pay the hospital food subsidies;
3, confirmed by the labor ability appraisal committee, the cost of installing medical devices is paid by the industrial injury insurance fund according to the prescribed standards;
4. In case of work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the period of work-stoppage, which will be paid by the unit on a monthly basis;
5. During hospitalization, the employer is responsible for the nursing in the stage of self-care;
6. Pay 1 1 month from the industrial injury insurance fund (9 months for grade 9 disability);
7, the labor ability appraisal fee paid by the industrial injury insurance fund;
8. When labor is terminated or terminated, based on the average monthly salary of employees in the industrial injury insurance co-ordination area in the previous year, the industrial injury insurance fund will pay a one-time medical subsidy for work-related injuries 12 months (grade 9 and 9 months), and the employer will pay a one-time disability employment subsidy 12 months (grade 9 and 9 months).
If the employer fails to participate in work-related injury insurance, the employer shall pay all the expenses.
My salary refers to the average monthly payment salary of the injured workers before 12 months due to work-related accidents or occupational diseases. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
People's Republic of China (PRC) national standard
Labor ability appraisal of industrial injury and occupational disease disability grade
GB/t 16 180-20 14
4.2 Promotion principle
Promotion principle
Multiple injuries to the same organ or system, or injuries to different parts of more than one organ at the same time, should be identified first. Several disability levels are different, and the severe ones are graded; If two or more levels are the same, they will be promoted by one level at most.
5.9 Ninth grade
5.9. 1 scoring principle
Partial organ defect, abnormal morphology, mild dysfunction, no drug dependence or general drug dependence, no self-care disorder.
Nine-level clause series
Anyone who meets 5.9. 1 or one of the following clauses is a work-related injury.
24) After the fracture of patella, calcaneus, talus, mandible or pelvis is internally fixed;
5. 10 ten levels
5. 10. 1 classification principle
Partial organ defects, abnormal morphology, no dysfunction, no drug dependence or general drug dependence, no self-care disorder.
5. 10.2 Ten-level clause series
Anyone who meets 5. 10. 1 or one of the following clauses is rated as a work-related injury level 10.
12) There is no dysfunction or mild dysfunction after fracture healing in all parts of the body;
Regulations on industrial injury insurance
Thirty-seventh workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Shaanxi province labor resources and social security department
Notice on Issues Concerning the Implementation of the New Revision
Shaanxi Provincial People's Social Welfare Department. 20 1 15
2, one-time disability employment subsidies and one-time work-related injury medical subsidy standards, temporarily according to the provincial government promulgated on April 2, 2004, "Shaanxi Province, the implementation of industrial injury insurance regulations and measures" (provincial government DecreeNo. ninety-seventh) the specific provisions of the implementation. However, the one-time medical subsidy for work-related injuries is included in the expenditure scope of the work-related injury insurance fund.
3. The one-time disability allowance for workers injured at work shall be implemented according to the newly stipulated standards: the one-time disability allowance for workers killed at work shall be temporarily implemented according to the per capita disposable income of urban residents in 2009 1.7 1.75 yuan/year, that is, 343,500 yuan. After 20 1 year national urban per capita disposable income standard is published, the difference will be calculated according to the new standard.
Measures of Shaanxi Province for Implementing the Regulations on Work-related Injury Insurance
Twenty-fourth seven to ten injured workers in any of the following circumstances, the employer shall pay a one-time work-related injury medical subsidies and disability employment subsidies to employees:
(1) I voluntarily terminate the labor relationship;
(two) the employer terminates the labor relationship according to the provisions of Article 25 of the Labor Law;
(3) When the labor contract expires, the labor relationship is terminated.
One-time medical subsidies for work-related injuries and disability employment subsidies are based on the average monthly salary of employees in the previous year when labor relations are dissolved or terminated. The standards of one-time medical subsidy for work-related injuries are: level 7 15 months, level 8 12 months, level 9 months and level 10 6 months respectively; The standards of one-time employment subsidy for the disabled are: level 7 15 months, level 8 12 months, level 9 9 months and level 10 6 months respectively.