Legal analysis
Rotator cuff injury caused by traffic accidents: Generally speaking, no fracture does not constitute disability. For details, please refer to the Disability Assessment Standard for Traffic Accident Injured Persons. If it constitutes disability, the amount of compensation depends on the nature, age, disability coefficient and domicile. One person is responsible for half, and the total loss will be deducted within the limit of 6,543,800+0.2 million of the compulsory insurance of the other party, and the rest will be borne by 50% respectively. If the insurance company claims, the appraisal fee shall be borne by the injured. If a lawsuit is brought to the court, the insurance company or the infringer will generally be judged to bear it. If the victim is injured and not disabled, medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. If the victim is disabled due to injury, medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, disability compensation, disability assistive devices expenses, living expenses of dependents, compensation for mental damages, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If a party is disabled due to a traffic accident, after the end of treatment, a qualified disability appraisal institution will assess the disability level. Qualified inspection, appraisal and evaluation institutions shall be filed with the public security traffic management department of the provincial people's government, and the public security traffic management department may introduce qualified inspection, appraisal and evaluation institutions to the parties, and the parties shall choose by themselves.
legal ground
Article 17 of the Regulations on Work-related Injury Insurance, if an employee suffers an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality. If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.
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