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Nanning traffic accident caused 6 rib fractures, tibia fractures and femur fractures, which level of disability?

ask****299 Guangxi Nanning Traffic accident appraisal consultation 2024.06.26 14:21:35 498 people read

Nanning traffic accident The other party is responsible for causing 6 rib fractures, tibial fractures and femoral fractures permanent disability

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thirteen billion nine hundred and seventy-seven million one hundred and nine thousand two hundred and eighteen (Please refer to the self-discipline chart)
Region: Guangxi Nanning Consultation answer: 1629

Have you negotiated compensation with the other party?

2024-06-26 18:35:21 Reply
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eighteen billion seventy-four million nine hundred and forty-five thousand two hundred and twenty (Please refer to the self-discipline chart)
Region: Guangxi Nanning Answers: 3683

Hello, you can communicate with the lawyer in detail

2024-06-26 14:52:53 Reply
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fifteen billion five hundred and seven million eight hundred and thirteen thousand seven hundred and sixty-five (Please refer to the self-discipline chart)
Region: Guangxi Nanning Answers: 222

Hello, I'm lawyer Wei. It's recommended that you first conduct disability appraisal and file a lawsuit according to the appraisal results. If necessary, you can contact my lawyer

2024-06-26 14:27:02 Reply
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eighteen billion seventy-six million five hundred and seventy-one thousand eight hundred and eighty-nine (Please refer to the self-discipline chart)
Region: Guangxi Nanning Consultation answer: 3035

Hello, I have to go for a grade appraisal.

2024-06-26 14:26:04 Reply
Han Yuxia, lawyer
eighteen billion two hundred and fifty-seven million five hundred and one thousand two hundred and seventy-six
Consult me Answered nine thousand three hundred and ninety-one Legal advice>

It is suggested to conduct labor capacity appraisal after the injury is recovered, because the final appraisal conclusion is related to the healing situation.

The answer is as follows. Two rib fractures are generally Grade 10 disability. The standards and calculation methods of compensation in the Regulations on Industrial Injury Insurance issued by various provinces, autonomous regions and municipalities are different, and there are certain regional differences. On the issue of industrial injury claims, I can provide you with a reference data, which is calculated according to the compensation standard specified in the Regulations on Industrial Injury Insurance issued by various regions. There are three kinds of compensation for the disability that reaches the minimum level 10 or above, namely, one-time disability subsidy (paid by the social security to the injured), one-time medical subsidy (paid by the social security to the injured - some regions stipulate that the compensation is paid by the enterprise to the injured), and one-time disability reemployment benefit (paid by the enterprise to the injured). If you haven't terminated the labor contract (meaning that you are still working in this unit), you can only get a one-time disability subsidy (in some places, you can also get a one-time medical subsidy if you haven't terminated the labor relationship); If the labor contract is terminated with the employer, the one-time disability reemployment benefit and one-time medical subsidy can be obtained; If the labor contract is not terminated, it will not be obtained temporarily. The following is an example of the level 10 disability compensation standard stipulated in the Regulations on Industrial Injury Insurance of Guangdong Province: one-time disability subsidy: compensation for 7 months' wages. One time disability reemployment compensation: compensation for 4 months' salary. One time medical subsidy: compensate one month's salary. The Regulations on Industrial Injury Insurance of Hubei Province also stipulates that the employer shall pay one-time medical subsidy for industrial injury and disability employment subsidy if the labor contract expires or the employee proposes to terminate the labor contract. The standard of one-time medical subsidy for work-related injury: level 7 disability is 14 months of the average monthly salary of employees in the last year in the area under overall planning, level 8 disability is 12 months, level 9 disability is 10 months, and level 10 disability is 8 months of one-time disability employment subsidy: level 7 disability is 20 months of the average monthly salary of employees in the area under overall planning, level 8 disability is 16 months, and level 9 disability is 12 months, Grade 10 disability lasts for 8 months. The standard of ten level disability compensation stipulated in the Regulations of Zhejiang Province on Industrial Injury Insurance: one-time disability subsidy: compensation for 7 months' salary. One time disability reemployment compensation: compensate myself for 2 months' salary. One time medical subsidy: compensate myself for 2 months' salary. The compensation standard for Grade 10 disability in the Regulations of Sichuan Province on Industrial Injury Insurance is: one-time disability subsidy: six months' salary. One time disability employment subsidy: four months. One time medical subsidy for work-related injury: one month. However, the standard of level 10 disability compensation stipulated in Jiangsu Province's Regulations on Work related Injury Insurance: the benchmark standard of one-time work related injury medical subsidy is: level 10 30000 yuan. The benchmark standard of one-time disability employment subsidy is: Level 10 15000 yuan. The one-time disability subsidy is not clear. (It should be my salary for 7 months). Personal wages refer to the average monthly wages paid by the injured workers in the 12 months before they suffered from accident injury or occupational disease due to work in the unit. If the unit has paid the work-related injury insurance premium for the injured workers for less than 12 months, the average monthly payment salary shall be calculated based on the actual number of months. If his salary is 300% higher than the average salary of the staff and workers in the overall planning area, it shall be calculated as 300% of the average salary of the staff and workers in the overall planning area; If his salary is less than 60% of the average salary of the staff and workers in the overall planning area, it shall be calculated as 60% of the average salary of the staff and workers in the overall planning area. If the employer fails to purchase social insurance for the employees, the above compensation shall be borne by the employer with reference to the above compensation standards. By the way, some employers calculate their average salary in the 12 months before the injury based on their actual income, while others calculate their basic salary based on the social security contribution base. The difference between the two is huge! For example, if your one-time disability allowance is calculated as 7 months' salary for Level 10 disability compensation, assuming that your average actual income salary in the 12 months before the injury is 5000 yuan, then 7 times 5000 equals 35000 yuan; However, the calculation of the Social Security Bureau is based on the contribution salary. The average wage base of social security contribution for work-related injury in the 12 months before your injury is reported to you by the unit of yuan. If the Social Security Bureau settles the one-time disability subsidy, it is 7 times equal to 14000 yuan; Then 35000 minus 14000 equals 21000, and there is a huge difference in the amount; Then the employer will pay you 21000 yuan (as our company does). Even the salary for stopping work is calculated according to the normal attendance salary of the injured person. For example, his salary for going to work is 7000 yuan per month. Because he can't go to work due to work-related injury, he will be paid 7000 yuan per month as usual to the injured person. The vast majority of enterprises cannot do this. They can only pay basic salary, that is, your normal monthly income is 7000, and your basic salary is only, then only the injured will be paid, or the injured will be paid according to the average salary of the region.) This is also the calculation method of the following one-time medical subsidy and one-time disability employment subsidy. Many enterprises are unwilling to pay compensation to the injured according to their actual income, mainly because the compensation calculated by this method will lead to too heavy burden and high cost for enterprises. Therefore, most enterprises pay compensation to the injured according to the social security contribution salary (or the average contribution salary in the region). From the perspective of workers, We can ask the enterprise to calculate compensation according to the actual salary, or even say that in addition to the three social security compensation, we can also ask the enterprise to make compensation (of course, this needs to consume legal resources, own time, energy, and money).

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