Evaluation standard and compensation standard of burn disability grade

In recent years, the phenomenon of continuous high temperature has become more and more obvious, and workers who often work in outdoor high temperature areas are often in danger of being burned. Although these workers can be identified as work-related injuries according to law, and the company will be held liable for compensation, the company will always identify them first and then compensate them. In law, how to identify specific work-related injuries and burns? How to compensate? How much can you compensate? Next, I will take you to know in detail:

A, burn disability grade standard and compensation standard

Evaluation standard of burn disability grade

Skin structure damage and repair dysfunction of head and neck

The repair function of skin refers to the function of repairing skin breakage and other injuries. The skin repair dysfunction in this standard refers to scar formation.

Third-degree burn of head and neck, the area is greater than or equal to 8% of the total body surface area, grade 2.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 90% of the facial skin area.

The skin injury of the neck leads to scar formation, and the range of motion of the neck completely loses grade 3.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 80% of the facial skin area.

Neck skin injury leads to scar formation, and the loss of neck mobility is greater than or equal to 75% Grade 4.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 60% of the facial skin area, grade 4.

Third-degree burn of head and neck, the area is more than or equal to 5% of the total body surface area and less than 8% of grade 5.

Neck skin injury leads to scar formation, and the loss of neck mobility is greater than or equal to 50% grade 5.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 40% of the facial skin area, grade 5.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 20% of the facial skin area, grade 6.

Head avulsion injury leads to scalp shedding, and the area is greater than or equal to 20% of the scalp area.

Neck skin injury leads to the formation of scar in the anterior cervical triangle, and the scar area is greater than or equal to 75% of the area of the anterior cervical triangle.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 24cm27.

Third-degree burn of head and neck, the area is more than or equal to 2% of the total body surface area, less than 5%, grade 8.

Neck skin injury leads to scar formation in the anterior cervical triangle, and the scar area is greater than or equal to 50% of the area of the anterior cervical triangle.

Facial skin injury leads to scar formation, and the scar area is greater than or equal to 18cm28.

Facial skin injury leads to scar formation, with scar area greater than or equal to 12cm2 or facial linear scar greater than or equal to 20cm9.

Facial skin injury leads to scar formation, with scar area greater than or equal to 6cm2 or facial linear scar greater than or equal to 10cm 10.

note:

1 Scar: refers to hyperplastic scar after wound healing, excluding atrophic scar or scar with flat skin and no obvious texture change.

2 calculation of facial range and scar area: facial range refers to the area from hairline to the lower edge of mandible and from both sides to the rear edge of mandibular branch, including forehead, eyes, orbit, nose, lip, chin, zygomatic region, cheek and parotid masseter muscle. The facial scar area is calculated by dividing the whole face and face into five equal parts and measuring the scar area, and the scar area is calculated respectively. There are many scars on the face, and their areas can be calculated cumulatively.

③ Anterior cervical triangle: the anterior border of sternocleidomastoid muscle, the superior border of hyoid body and the inferior border of mandible.

Skin structure damage and repair dysfunction of various parts

Skin injury leads to scar formation, and the scar area is greater than or equal to 90% of the total body surface area, 1.

Third-degree burn of trunk and limbs, covering more than 60% of the whole body skin area, 1 grade.

Skin injury leads to scar formation, and the scar area is greater than or equal to 80% of the total body surface area.

Skin injury leads to scar formation, and the scar area is greater than or equal to 70% of the total body surface area.

Third-degree burn of trunk and limbs, with an area equal to or greater than 40% of the whole body skin area, grade 3.

Skin injury leads to scar formation, and the scar area is greater than or equal to 60% of the total body surface area.

Skin injury leads to scar formation, and the scar area is greater than or equal to 50% of the total body surface area.

Third-degree burn of trunk and limbs, with an area of 20% or more of the whole body skin area, grade 5.

Skin injury leads to scar formation, and the scar area is greater than or equal to 40% of the total body surface area.

The area of abdominal wall defect caused by abdominal injury is greater than or equal to 25% of the abdominal wall area.

Skin injury leads to scar formation, and the scar area is greater than or equal to 30% of the total body surface area.

Third-degree burns on the trunk and limbs, with an area greater than or equal to 10% of the whole body skin area of Grade 7.

Skin injury leads to scar formation, and the scar area is greater than or equal to 20% of the body surface area, grade 8.

Skin injury leads to scar formation, and the scar area is greater than or equal to 5% of the total body surface area, grade 9.

note:

1 calculation of total skin scar area: calculated as the percentage of skin scar area to the total surface area, that is, China's new nine-point method: in the total surface area of 100%, the head and neck account for 9%(9× 1) (the head, face and neck each account for 3%); Double upper limbs accounted for 18%(9×2) (double upper arms 7%, double forearms 6%, hands 5%); 27%(9×3) of the trunk includes the perineum (anterior 13%, posterior 13%, perineum 1%). Lower limbs (including buttocks) accounted for 46% (buttocks 5%, thighs 2 1%, calves 13%, feet 7%)(9×5+ 1) (female feet and buttocks each accounted for 6%).

Burn area and burn depth: burn area is calculated according to the new nine-point method in China, and burn depth is divided into three degrees and four points. Third-degree burns refer to burns that reach the whole skin layer or even subcutaneous, muscle and bone. Burn accidents do not include frostbite, inhalation injury (also known as respiratory tract burn) and electric injury. After the burn, the disability level was evaluated according to the burn area and depth. After medical treatment, the disability level can be evaluated according to the degree of dysfunction and the size of skin scar. The final disability level shall be subject to the severity.

Compensation limit

(1) 1 to 4-level compensation standards for work-related injuries and disabilities

Workers who are disabled due to work are identified as one to four levels of disability, retain labor relations, quit their jobs, and enjoy the following benefits:

1. Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level. The standard is: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 months' salary for fourth-class disability;

2. Pay the disability allowance monthly from the industrial injury insurance fund. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference;

3, inductrial injury worker reached retirement age and retirement formalities, stop disability allowance, enjoy the basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.

(2) compensation standards for work-related injuries and disabilities ranging from level 5 to 10.

Level 5 to 10 compensation standards for work-related injuries and disabilities mainly include one-time disability allowance, one-time disability employment allowance and one-time disability medical allowance:

1, regarding the one-time disability allowance, there is a unified compensation standard in China, specifically: level 5 disability is my salary 16 months, level 6 disability is my salary 14 months, level 7 disability is my salary 12 months, and level 8 disability is my salary 10 months.

2, on the one-time disability employment subsidies and one-time disability Medicaid compensation standards, as well as other treatment provisions, according to the provisions of provinces and cities to determine.

Second, the relevant provisions

"Regulations on Work-related Injury Insurance" Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, pension for dependent relatives and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions:

1. Funeral allowance: the average monthly salary of employees in the overall planning area for 6 months.

2. Dependent relatives pension: paid to the relatives of the deceased employees who were unable to work and provided the main source of livelihood according to a certain proportion of their wages. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council.

3. One-time work death allowance: the standard is 20 times of the per capita disposable income of urban residents in the previous year. (In 20 10, the per capita disposable income of urban residents nationwide 19 109 yuan, and in 2009, the per capita disposable income of urban residents nationwide 17 175 yuan).

If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of his unpaid leave, his close relatives may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.

In a word, burns are not minor injuries, and the identification and related compensation are also compensated according to the classification of 1 to 4 and 5 10 burns. Please refer to the full text for details.