Fortune Telling Collection - Ziwei fortune-telling - Who will bear the cost of steel plate removal after car accident and fracture?

Who will bear the cost of steel plate removal after car accident and fracture?

First, who will bear the cost of steel plate removal after car accident fracture?

1. The insurance company shall bear the expenses for the subsequent steel plate removal of the car accident fracture. If the fracture is caused by a traffic accident and internal fixation is done, some areas can carry out disability grade appraisal, and the injured can first carry out disability grade appraisal and sue for the cost of the first operation and disability compensation. After the steel plate is removed, the cost of the second operation will be prosecuted. With the permission of the court, you can also apply for an appraisal of the follow-up treatment expenses, that is, to evaluate the medical expenses for removing the steel plate, and the insurance company will pay together with the first treatment expenses.

2. Legal basis: 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.

Second, what level of disability is the fracture steel plate?

Fracture steel plate can generally be recognized as grade 9 disability, depending on the actual disability consequences:

1. If there is no dysfunction after fracture healing in all parts of the body, it can be considered as 10 year; After the fracture, the internal fixation operation can be evaluated as grade 9 disability, and the non-internal fixation operation can be evaluated as 10 disability. Specifically, the appraisal report issued by the industrial injury appraisal institution must use several disability levels. In other words, the level of industrial injury identification is not simply inferred from the fracture of a certain part of the body. If you want to know the accurate result, you must apply for a work-related injury appraisal;

2. Work-related injury identification refers to the work-related injury identification of employees who apply for work-related injury identification after the end of medical treatment or the expiration of medical treatment, which is based on the identification of work-related injuries by the labor ability appraisal committee at or above the municipal level. The scope of industrial injury appraisal includes: labor ability appraisal, paid shutdown appraisal confirmation, nursing grade appraisal, disability assistive devices appraisal, etc.