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1.The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. Since the specific injuries of the injured are not specified, it is not possible to estimate the specific level of disability, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee.
2.Employees with work-related injuries can compare the relevant provisions of GB T16180-2014 on the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" to estimate their disability level based on their own injuries.
3.If the applicant has any objection to the appraisal conclusion, he or she may, in accordance with Article 26 of the Regulations of the People's Republic of China on Work-related Injury Insurance, 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.
4.If you don't understand anything, you can call 12333 directly to consult the local labor department.
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The latest standard for the appraisal of work-related injuries is the national standard of the People's Republic of China "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014, which was drafted by the Shanghai Labor Ability Appraisal Center and proposed by the Ministry of Human Resources and Social Security, replacing GB T16180-2006 "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", which stipulates the principles and grading standards for the appraisal of employees' work-related injuries and disabilities. It is applicable to the identification of the degree of work-related injuries and disability caused by occupational diseases in occupational activities. Approved by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the Standardization Administration of the People's Republic of China on 2014-09-03, it has been implemented since 2015-01-01.
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It's okay to lack a program.
Disability assessment is required.
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Legal analysis: The disability appraisal standard for personal injury compensation is based on the "Appraisal Standard for the Degree of Human Injury and Disability (Trial)", which is also divided into ten levels of personal disability, and each level has a very detailed classification description
According to the degree of tissue and organ damage and dysfunction left behind by the person being evaluated, the degree of loss of work, study, daily life and social communication skills, and with reference to the status of medical and nursing dependence, the disability is divided into 10 levels, with the most severe being 1st level and the least being 10.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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The latest appraisal standards for work-related injuries and disability grades: the degree of loss of working ability and the degree of nursing dependence of employees who are injured or suffer from occupational diseases due to work-related injuries and occupational diseases are evaluated in the army. Those who meet the disability assessment criteria for grades 1 to 4 are completely incapacitated; Grades 5 to 6 are mostly incapacitated; Grades 7 to 10 are partial incapacity.
The determination of disability benefits and the placement of injured workers are mainly based on the assessed disability level.
Legal analysisWork-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.
The appraisal of work-related injuries in a broad sense includes the appraisal of working ability and the appraisal of the disability level, and the appraisal of work-related injury in the narrow sense refers to the appraisal of the disability grade. Basic compensation items for work-related injury appraisal standards: medical deficiency or expenses, hospital meal allowance, transportation expenses, lost work expenses, nutrition expenses, nursing expenses, mental damage compensation, appraisal fees, etc.
Disability compensation items and standards: the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Legal basisRegulations on Work-related Injury Insurance》 Article 17 If an employee is injured in an accident or is diagnosed or appraised 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 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 social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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Legal analysis: 1. Identification standards for first-class work-related injuries and occupational diseases.
One of the following 12 conditions can be recognized as a first-class work-related injury or occupational disease;
1) Extremely severe mental retardation;
2) Severe facial disfigurement, accompanied by one of the second-degree disabilities in Table B2;
3) Those who have no sense of light in both eyes or only have a sense of light but are not accurate in light positioning;
4) Quadriplegia muscle strength 3 poles or triplegic muscle strength level 2;
5) severe movement impairment (non-limb paralysis);
6) Severe scarring of the whole body, partial loss of function of the spine and major joints of the limbs;
7) Absence or complete loss of function above both elbow joints;
8) Loss of high position of both lower limbs and high loss of one upper limb;
9) Scar deformity and loss of function of both lower limbs and one upper limb;
10) More than 90% of the small intestine is resected;
11) orthotopic liver transplantation after hepatic segmentation;
12) Uremia phase of renal insufficiency after bilateral denial nephrectomy or solitary nephrectomy, maintenance with dialysis or allogeneic kidney transplantation.
Legal basis: Article 166 of the Criminal Law 1. Criteria for the identification of first-class work-related injuries and occupational diseases.
One of the following 12 conditions can be recognized as a first-class work-related injury or occupational disease;
1) Extremely severe mental retardation;
2) Severe facial disfigurement, accompanied by one of the second-degree disabilities in Table B2;
3) Those who have no light perception in both eyes or only light perception but are not accurate in light positioning;
4) Quadriplegia muscle strength 3 poles or triplegic muscle strength level 2;
5) severe hyperkinetic disorder (non-limb paralysis);
6) Severe scarring of the whole body, partial loss of function of the spine and major joints of the limbs;
7) Absence or complete loss of function above both elbow joints;
8) Loss of high position of both lower limbs and high loss of one upper limb;
9) Scar deformity and loss of function of both lower limbs and one upper limb;
10) More than 90% of the small intestine is resected;
11) orthotopic liver transplantation after hepatic segmentation;
12) Uremia stage of renal insufficiency after bilateral nephrectomy or solitary nephrectomy, maintenance with dialysis or allogeneic kidney transplantation.
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