Comminuted fracture of patella, without internal fixation, should be assessed as grade 10 disability; After internal fixation, it should be assessed as grade 9 disability.
Workers with work-related injuries are identified as Grade 9 (Grade 10) disabled, and the main compensation they enjoy is:
First, the one-time disability subsidy paid by the industrial injury insurance fund is 9 months (10 is 7 months);
Two, the dissolution or termination of labor relations, the industrial injury insurance fund to pay a one-time medical subsidy for work-related injuries, the unit to pay a one-time employment subsidy. Specific standards shall be formulated by provinces, municipalities directly under the Central Government and autonomous regions.
If the employer fails to participate in work-related injury insurance, the above expenses shall be paid by the employer.
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.
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
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;