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Can fingertip flap surgery be classified as grade 10 disability?

Legal analysis: Skin flap surgery on the finger does not involve superior muscles and bones, and generally does not constitute a disability level. However, if the hypertrophic scar formation on the fingertip reaches 1cm, it can be assessed as a level 10 disability. According to the "Labor Ability Appraisal of Employees' Disability Levels of Work-related Injuries and Occupational Diseases", the distal interphalangeal joint of any finger except the thumb is severed or has lost its function; after fingertip skin grafting (hypertrophic scar 25px2 or more), both conditions are met All of them have level 10 work-related injuries.

The disability level assessment standard is to determine the level of disability based on the severity of the disability, which is divided into levels one to ten. There is no unified standard for disability assessment in China. Different disability identification standards apply to different objects and different causes of disability. For example, there are different standards for the disability assessment of persons injured in road traffic accidents, and the disability levels of work-related injuries and occupational diseases. Whether the finger flap constitutes a disability and what level of disability it constitutes must be determined by a professional appraisal agency based on the specific circumstances.

1. If an employee has any of the following circumstances, it shall be deemed as a work-related injury:

(1) He is injured by an accident due to work reasons during working hours and in the workplace;

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(2) In the workplace before and after working hours, while engaging in work-related preparatory or finishing work and being injured by an accident;

(3) During working hours and in the workplace, Suffering accidental injuries such as violence due to the performance of work duties;

(4) Suffering from occupational diseases;

(5) Being injured due to work reasons or having an accident whereabouts are unknown while away from work

(6) Injured by a motor vehicle accident on the way to and from get off work;

(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations.

2. If an employee has one of the following circumstances, it will be regarded as a work-related injury:

(1) During working hours and at the workplace, he died of a sudden illness or failed to recover after rescue within 48 hours. Died;

(2) Injured during rescue and disaster relief activities to safeguard national interests and public interests;

(3) The employee was originally serving in the military and was injured due to war . The person is disabled due to injury on duty, has obtained a Revolutionary Disabled Soldier Certificate, and the old injury relapses after arriving at the employer.

Legal basis: "Regulations on Work-related Injury Insurance" Article 10 Employers shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

The amount of work-related injury insurance premiums paid by the employer is the product of the total wages of the employees of the unit multiplied by the unit's payment rate.

For industries where it is difficult to pay work-related injury insurance premiums based on total wages, the specific method of paying work-related injury insurance premiums shall be stipulated by the social insurance administrative department of the State Council.