Do you have to lift the steel plate to do the disability, and can you assess the disability by remov

The ability to work test does not necessarily need to be done after the internal content is removed, as long as the employee is in a stable condition and meets the minimum medical treatment period stipulated by law, then the work ability test can be applied.

Routine materials and requirements required for declaration of labor ability appraisal.

1) Fill in the "Application Form for Labor Ability Appraisal", paste my recent one-inch bareheaded ** on the form, and if the unit is responsible, press ** and stamp the official seal of the unit; For individual applications, the name of the organization, the detailed address of the organization, the name of the contact person of the organization and ** shall be provided, and the contact person of the organization shall be notified on the spot.

2) The original and copy of the work-related injury determination decision.

3) Bring a copy of the original ID card of the person being appraised.

4) Provide complete and continuous medical record materials, among them, the original inpatient medical record needs to be provided for hospitalization (take the patient's ID card to the hospital medical record room to copy the medical record, and at the same time stamp the special seal of the hospital medical record management, that is, the original medical record), the original is retained by the appraisal center, and then used can go to the medical record room to mention again. If you are not hospitalized, you need to provide the original and copy of the emergency or outpatient medical record, the original and copy of the diagnosis certificate and auxiliary examination report, and the original copy shall be retained for review.

A minimum period of medical treatment is required when applying for a work-related injury evaluation.

1-2 months: scalp laceration, hematoma;

3 months: skull, basilar skull fractures, head and face fractures, upper limb fractures, rib fractures, transverse process, spinous process, lamina fractures, amputation (fingers, toes), soft tissue contusions, brain**, organ contusions**, burns (small area, superficial), ophthalmic general diseases (except traumatic cataracts, optic nerve atrophy, intrabulbar foreign bodies), general diseases of the ear, nose and throat (except benign tumors of the nose and sinuses), general diseases of the oral cavity (except severe soft tissue contusions of the oral and frontal face);

6 months: pelvic fractures, lower limb fractures, vertebral fractures, cerebral contusions, organ rupture surgery, burns (large and deep), ophthalmology (traumatic cataracts, optic nerve atrophy, intrabulbar foreign bodies), benign tumors of the nose and sinuses, severe soft tissue contusions of the oral cavity and frontal face;

1 year: tracheal trauma, femoral neck fracture, cerebral hemorrhage.

Year: Fracture of the spine and injury to the spinal cord.

The disability assessment can only be done after the steel plate is removed.

Legal analysis: After the steel plate is removed, it will not affect the assessment of the disability level. Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters.

The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of disability assistive devices, etc.

Legal basis: "Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work" Article 8 To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

Legal Analysis: Disability appraisal can be carried out after the injury is stabilized, generally three months after the injury. Taking the steel plate belongs to the follow-up**.

There are no sequelae of the outbreak, and only the level of the injury (minor, minor, serious) will be evaluated, and there is no need to do a disability assessment (because there is no disability at all). Disability grade may only be determined if there are sequelae (decreased vision, blindness, loss of appearance, loss of function).

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 20: Compensation for lost time is to be determined on the basis of the victim's lost time and income.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

Legal analysis: After the steel plate is removed, it will not affect the assessment of the disability level. Work-related injury appraisal refers to the act of having an employee applying for work-related injury appraisal evaluate matters related to his or her work-related injury by a labor ability appraisal committee at or above a districted city after the completion of his or her medical treatment or the expiration of his or her medical treatment on the basis of his or her work-related injury.

The scope of work-related injury appraisal includes: early determination of labor ability, appraisal and confirmation of the period of suspension of work, identification of the liquid level of nursing and other stoves, and appraisal of the configuration of disability assistive devices.

Legal basis: "Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work" Article 8 To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

The presence of a steel plate in the body does not affect the disability assessment, but there is a certain time limit for the disability assessment, and the appraisal is generally required within two years.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, the employer or the injured employee may submit an initial application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts.

The time limit for applying for labor ability appraisal shall not exceed 2 years from the date of making the conclusion of the determination of work-related injury. If the injured employee is unable to submit an application, his close relatives may submit the application on his behalf.

1. Whether the disability assessment can be done if there is no discharge.

The worker has not been discharged from the hospital but his condition is relatively stable and can be assessed for disability. The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level. The municipal labor ability appraisal committee shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application.

2. What are the compensation procedures for work-related accident compensation?

The compensation procedure for work-related accident compensation is as follows:

1. Identification of work-related injuries. The employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region; If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, and the trade union organization may submit an application within one year.

2. If the determination of work-related injury is inconsistent, an administrative reconsideration or administrative lawsuit may be filed.

3. After the injury is relatively stable, if there is a disability that affects the ability to work, you can apply to the labor ability appraisal committee of the city divided into districts for labor ability appraisal, and the appraisal content includes labor dysfunction and self-care disorder.

4. If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

5. According to the level of disability identification, compensation shall be paid in accordance with the provisions of the law.

6. If the situation changes within one year of the appraisal conclusion, the applicant may apply for a review and appraisal of labor ability, and pay compensation according to the new appraisal conclusion. After applying for work-related injury recognition and labor ability appraisal, it is required that the work-related injury benefits must be arbitrated, and if there is any dissatisfaction, the litigation procedure can be entered. Before arbitrating the number of positive points, it is necessary to first make a determination of work-related injury and apply to the labor department.

Apply for work-related injury identification first, then appraisal, and claim compensation.

According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, Qingxian shall conduct an appraisal of his or her ability to work.

The Regulations on Work-related Injury Insurance stipulate that if the injury is relatively stable, it can be evaluated for work ability (disability appraisal). However, in order to protect the rights and interests of employees (especially the rights and interests of migrant workers), some places stipulate that the disability level appraisal can only be done after the steel plate is taken out. It is mainly to consider the cost of taking the steel plate and prevent the aggravation of the residual condition after taking the steel plate.

For example, if a migrant worker is injured and the employer does not sign a labor contract with him, it does not apply for a work-related injury determination, and the employee's close relatives apply for arbitration to determine the de facto labor relationship, which is determined to be a work-related injury, and the steel plate is hit on the leg, and if the steel plate is not taken out, the disability level will be determined, and after the employer pays a one-time compensation, the cost of taking the steel plate and the aggravation of the injury of the steel plate are not easy to deal with, and the unit with difficulty in recovering the steel plate does not have a place to change the bridge. This situation can be avoided by stipulating that the steel plate can be taken out before it can be identified, and it can also allow the injured employee to extend the period of suspension of work and pay until the steel plate is taken out, and the monthly salary and living guarantee can be guaranteed by the unit that uses the elimination unit.

Article 23 of the Regulations on Work-related Injury Insurance shall be applied to the labor ability appraisal committee of the city divided into districts by the employer, the injured employee or his close relatives, and shall provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.