Disability grade standard and compensation

1- 10 Disability assessment criteria are as follows:

1. The criteria for determining the first-degree disability include: severe facial disfigurement accompanied by one of the second-degree disabilities in Table b2; Severe scar formation of the whole body, accounting for 39.0% of the body surface area, accompanied by the loss of basic motor function of spine and limbs; Loss or complete loss of function above elbow joint; High loss of both lower limbs and high loss of one upper limb;

2. The criteria for secondary disability identification include: severe organ defect or deformity, serious dysfunction or complications, special medical dependence, or most people who can't take care of themselves;

3. Three-level disability identification criteria include: severe organ defect or deformity, serious dysfunction or complications, special medical dependence, or some people who can't take care of themselves;

4. Four-level disability identification criteria include: muscle strength level of one-handed paraplegia; Cerebrospinal fluid leakage with skull base bone defect can not be repaired or repeated operation failed; Moderate facial disfigurement; The scar area of the whole body was 0%, and the activities of the main joints 1 joints of limbs were limited. Facial scar or slight disfigurement of skin graft 1/2; The thumb is completely missing or nonfunctional, etc.

5. Five-level disability appraisal standards include: incomplete disuse, agraphia, agraphia, agnosia, etc. ; The whole body scar accounts for 0% of the body surface area, and the joint activity is limited; Facial scar or skin graft /3 with disfigurement is one of the criteria; Scoliosis or kyphosis with severe radicular neuralgia after spinal fracture is based on electrophysiological examination.

6. Six-level disability identification criteria include: scalp defect after avulsion injury is greater than1/5; The deformity after spinal fracture is less than 30 degrees with abnormal electrophysiological examination of nerve root lesions; One thumb is completely lost, or two fingers of the other hand are lost together; The function of one thumb is completely lost, and the function of two fingers of the other hand is completely lost except the thumb;

7. Seven-level disability identification criteria include: the full-thickness defect of skull after burn is 0cm2, or the scar contracture of neck with dura mater graft area of 0 cm2 affects neck activity; The total scar area is 0%; Skin grafts with facial scars, foreign bodies or pigment changes account for more than 10% of the face;

8. Eight-level disability identification criteria include: the muscle strength of bipedal partial paralysis is level 4; Muscle strength classification of partial paraplegia of one foot; There was no dysfunction after lobectomy; Meet one of the criteria of severe disfigurement; Mild foreign body deposition or depigmentation of facial skin graft after facial burn; Most defects of bilateral auricles or one auricle, etc.

9.9-level disability identification criteria include: stenosis of common carotid artery and internal carotid artery caused by neck trauma, and no dysfunction after stent implantation or vascular bypass surgery; Meeting the second item of the standard of moderate disfigurement or mild disfigurement; Scar baldness at the edge of hairline or baldness in other parts, who needs to wear a wig;

10, and the ten-level disability identification criteria include: partial organ defect, abnormal morphology, etc.

Work-related injury identification disability compensation process:

1, industrial injury reporting procedure

Only when the employer has handled the work-related injury insurance for the workers in the work-related injury insurance institution can this procedure be handled;

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

2, work-related injury identification procedures

It is a procedure and the first step for social insurance agencies to investigate work-related injuries and determine whether they belong to work-related injuries. However, if the employer recognizes the work-related injury in writing and fails to apply for work-related injury insurance, this procedure may not be taken;

Pay attention to two work-related injuries: if the unit does not mention work-related injuries, the injured person must apply to the labor department within one year from the date of the accident. After the social security agency investigates and finds out, it shall notify the unit and the injured person in writing;

3, inductrial injury appraisal procedures

Work-related injury identification refers to the behavior of evaluating the disability level of employees who apply for work-related injury identification on the basis that they are identified as work-related injuries, that is, after completing the work-related injury identification procedure and medical treatment is terminated or expired. In a broad sense, industrial injury appraisal includes labor ability appraisal and disability grade appraisal. The narrow sense of work-related injury appraisal refers to the appraisal of disability grade;

4. Negotiated compensation procedures

After the work-related injury appraisal, the compensation amount can be calculated according to the appraisal standard. If the unit has invested in industrial injury insurance, it shall be paid directly by the national industrial injury insurance institution according to the standard. If there is no insurance, especially if it is insured in an industrial injury insurance institution, it shall be settled through consultation with the employer according to the standards.

To sum up, if the laborer signs a labor contract with the employer, the employer shall apply for work-related injury identification and enjoy work-related injury treatment. Personal injury compensation generally includes: medical expenses and rehabilitation expenses for treating work-related injuries; Hospitalization food allowance; Transportation and accommodation expenses for medical treatment outside the overall planning area; The cost of installing and configuring assistive devices for the disabled; Life can not take care of themselves, the labor ability appraisal Committee confirmed the cost of life care; One-time disability allowance and monthly disability allowance for disabled workers from grade one to grade four; A one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved; In case of work-related death, the survivors receive funeral subsidies, pension for dependent relatives and work-related death subsidies; Labor ability appraisal fee.

Legal basis:

Article 38 of People's Republic of China (PRC) Social Insurance Law

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

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;

(2) Hospitalization food subsidies;

(three) transportation and accommodation expenses for medical treatment outside the overall planning area;

(four) the cost of installing and configuring assistive devices for the disabled;

(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;

(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;

(nine) labor ability appraisal fee.

Article 179th of the Civil Code of People's Republic of China (PRC).

Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.