How do I apply for a disability appraisal after a work related injury, and how do I make a claim to

Appraisal of work-related injuries] If the worker's work-related injury is relatively stable, the employer, the injured employee or his or her immediate family members shall apply to the labor ability appraisal committee of the city divided into districts to conduct the appraisal of labor ability and the level of nursing dependence, and provide the work-related injury determination decision and relevant information on the medical treatment of the employee's work-related injury.

Within 60 days from the date of receipt of the application, the Labor Ability Appraisal Committee shall, in accordance with the national standard GB T 16180-2006 for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees, make a conclusion on the appraisal of working ability, and the conclusion of the appraisal shall be sent to the employer applying for appraisal and the injured employee or his immediate family members, and issue the Employee Disability Certificate to the employee.

If the employer, the injured employee or his or her immediate family members are not satisfied with the labor ability appraisal conclusion, they may apply to the labor ability appraisal committee at the next higher level for another appraisal within 15 days from the date of receipt of the appraisal conclusion.

One year after the conclusion of the labor ability appraisal, if the employer, the injured employee or his or her immediate family members and their social insurance agency believe that the disability has changed, they may apply for a review and appraisal of their working ability.

Disability appraisal is to send relevant injury information (which can be copied) such as discharge summary X-film to the labor bureau, which will be appraised by the municipal labor department.

Work-related injury rights blog.

If your employer gives you work-related injury insurance, it should be the unit to help you handle the work-related injury accompaniment, and the compensation is issued by the work-related injury insurance, and if there is no insurance, your unit will bear it.

The disability assessment can only be done after the ** is completed.

Legal Analysis: After the work-related injury certificate is issued, if the employee's injury needs to be appraised for the disability level, he or she can apply for the disability level appraisal after the condition is stabilized, and then apply for work-related injury compensation according to the disability level. If the injured person's injuries do not require a disability level assessment, the injured person can apply for reimbursement of medical expenses after being discharged from the hospital.

What should I do if a work-related injury occurs, 1. After the accident occurs, the unit should report the work-related injury to the labor department within one month. Employees or family members who do not declare can self-declare within one year. 2. After being identified as a work-related injury by the labor and hunger information department, the disability level shall be assessed by the labor ability appraisal committee.

If the labor department considers that it is not a work-related injury, the party concerned can directly file a lawsuit with the court. 3. Apply for compensation to the social security department according to the level of disability and the provisions of the Regulations on Work-related Injury Insurance. If the employer fails to provide work-related injury insurance to the employee, the employer shall be liable for compensation.

After the conclusion of the labor ability appraisal is made, the office of the labor ability appraisal committee will promptly notify the units and individuals who apply, and issue a notice of payment of the labor ability appraisal fee to the applicant to pay the fee at a nearby bank, and the applicant can receive the appraisal conclusion with the payment voucher stamped by the bank and the effective payment voucher.

Legal basis: Regulations on Work-related Injury Insurance

Article 21 Where 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, an appraisal of his or her ability to work shall be conducted. Article 23 The employer, the injured worker, or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and shall provide relevant materials on the decision on the recognition of work-related injuries and the medical treatment of workers' hunger and injury.

Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall submit an appraisal opinion. When the labor capacity appraisal committee at the districted city level makes a conclusion on the appraisal of the labor ability of an injured employee on the basis of the appraisal opinion of the expert group, it may entrust a qualified medical institution to assist in the relevant diagnosis. The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days.

The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

Legal analysis: It can be applied by the unit or by the injured employee, but the appraisal must be present in person. Employees injured at work or their employers shall promptly submit an application for labor ability appraisal to the labor ability appraisal committee at the districted city level.

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the worker's unit of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a decision on the determination of work-related injury is suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

Legal analysis: 1. It is to see whether there is a problem with the level of appraisal, if you are not satisfied with the appraisal conclusion (level) or have doubts, you can submit an application for another appraisal conclusion to the provincial labor ability appraisal committee within 15 days of receiving the appraisal conclusion.

2. After the work-related injury is appraised, the compensation amount can be calculated according to the appraisal standard. Workers' compensation includes: medical expenses, wages for the period of leave of absence, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, one-time employment and medical allowance, etc.

If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards. If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards.

3. If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.

4. If the applicant is dissatisfied with the labor arbitration, he or she may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

5. If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.

Employees shall be paid within 60 days after submitting the work-related injury benefits for review.

Workers' compensation includes the payment of ** fees, ** fees, living expenses during hospitalization, as well as a lump sum disability allowance and corresponding levels of allowance paid by the work-related injury insurance fund. The employer shall pay the wages of the employee during the period of work-related injury and training, as well as a one-time employment subsidy for disability, and the payer shall be determined according to local laws and regulations.

The work-related injury benefits are reviewed after the completion of the examination or the issuance of the results of the labor ability appraisal and the application to the social security. The main materials are: application form for review of work-related injury benefits, medical termination or labor ability appraisal form, medical records, discharge summary, medical invoice and hospitalization list, work-related injury identification certificate and a copy of my ID card.

The injured employee will be paid within 60 days after applying.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 9 If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

Article 16 Where a mediation agreement is reached on the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, but the employer fails to perform within the time limit agreed in the agreement, the worker may apply to the people's court for a payment order in accordance with law with the mediation agreement. The people's court shall issue a payment order in accordance with law.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

First go to the Social Security Bureau to make a work-related injury determination.

The procedure for applying for re-appraisal is the same as for the initial appraisal, and there is no need to write an application form, and you can directly obtain the re-appraisal application form from the Labor Ability Appraisal Committee and fill it out. and submit the following information:

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

2. The original copy of the initial appraisal conclusion;

3. Valid diagnosis certificates, examinations, inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations on medical record management of medical institutions;

4. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

5. Other materials specified by the Labor Ability Appraisal Committee.