Where is the work related injury and disability identification, and where is the work related injury

The applicant shall submit an application to the labor ability appraisal committee of the city divided into districts where the work-related injury occurs. The labor ability appraisal committee at the districted city level is responsible for the initial appraisal and review appraisal of the labor ability within its jurisdiction. The Provincial Labor Ability Appraisal Committee is responsible for the re-appraisal of the initial appraisal or the re-appraisal conclusion submitted by dissatisfaction.

Application materials to be submitted: 1. Original and photocopy of the Decision on Determination of Work-related Injury; 2. Copies of the medical records, diagnosis certificates, test reports, radiographs, and other diagnosis and treatment materials of the person being evaluated; 3. The original and photocopy of the worker's resident ID card, social security card and other valid identification documents; 4. Other materials specified by the Labor Ability Appraisal Committee. 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 injured employee and his or her unit within 20 days after the labor ability appraisal committee makes it. If you are not satisfied with the initial appraisal, you may submit an application for re-appraisal to the Provincial Labor Ability Appraisal Committee within 15 days from the date of receipt of the appraisal conclusion. The conclusion of the appraisal of labor ability made by the re-appraisal is the final conclusion.

Legal basis: Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work shall fill in the application form for labor ability appraisal and submit the following materials: (1) the original and copy of the Decision on Determination of Work-related Injury; (2) Complete medical record materials such as valid diagnosis certificates, examination and test 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 appraisal of work-related injuries and disabilities needs to be applied to the Municipal Labor Ability Appraisal Committee.

Measures for the Administration of Labor Ability Appraisal

Article 8 Submission of Application 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 at the districted city level. 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.

Article 9 Submission of materials The following materials shall be submitted to apply for labor ability appraisal:

1) Application for labor ability appraisal;

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

3) Original and photocopies of diagnosis certificates, examination and test reports, etc., complete and valid medical records;

4) The original and photocopy of the employee's ID card or other valid identity certificate;

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

Article 10 Examination of materials After receiving the application for labor ability appraisal, the Labor Ability Appraisal Committee shall review the materials submitted by the applicant in a timely manner. If the materials provided by the applicant are incomplete, the applicant shall be informed in writing of all the materials that need to be submitted at one time.

If the materials provided by the applicant are complete, the Labor Ability Appraisal Committee shall make a conclusion on the labor ability appraisal within 60 days from the date of receipt of the application for labor ability appraisal. Where the injury is complex and involves a large number of medical and health professions, the period for appraisal work may be extended by 30 days.

Labor Ability Appraisal Committee of Cities Divided into Districts.

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Lawyer's analysis: The Labor Ability Appraisal Committee in the Labor Bureau is responsible for the appraisal of work-related injuries. The appraisal of work-related injuries is generally done by the local labor ability appraisal committee.

After the determination is completed, if the work-related injury standard is met, you can find the work-related injury insurance ** and the employer to compensate, and if both parties have objections, they can apply for a second appraisal.

Legal basis in the chaos clan]:

Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his close relatives and the employee's unit in writing. 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 determination of work-related injury shall be 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: The appraisal of work-related injuries and disability shall be conducted at a medical appraisal institution entrusted by the Appraisal Committee of Labor Ability. The medical appraisal institution entrusted by the Labor Ability Appraisal Committee shall conduct labor ability appraisal on the injured employees in accordance with the labor ability appraisal standards formulated by the labor and social security administrative department of the Ministry of Labor and Social Security in conjunction with the health administrative department and other departments, and determine the level of disability.

Legal basis: "Regulations on Work-related Injury Insurance" Article 25 After receiving the application for labor ability appraisal, the labor ability appraisal committee of a city divided into districts 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 put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the 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 and operation limit for making the 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: The appraisal of work-related injuries and disabilities shall be carried out in a medical appraisal institution entrusted by the Labor Ability Appraisal Committee. The medical appraisal institution entrusted by the Labor Ability Appraisal Committee shall conduct labor ability appraisal for injured employees in accordance with the labor ability appraisal standards formulated by the labor and social security administrative department in conjunction with the health administrative department and other departments, and determine the level of disability.

Legal basis: Regulations on Work-related Injury Insurance》 Article 25 After receiving the application for labor ability appraisal at the level of a city divided into districts, the labor ability appraisal committee 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 put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; If it is necessary to conduct an outpatient examination, a qualified medical institution may be entrusted to assist in the 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: Employee work-related injury appraisal should be applied to the regional social insurance administrative department. Generally, the employer shall apply to the department within 30 days of the occurrence of the work-related accident.

If the employer fails to apply, the injured employee or his immediate family members or trade union organizations may apply to the department within one year from the date of the accident. In the event of a work-related injury, the applicant shall apply to the local labor administrative department (generally the Human Resources and Social Security Bureau) for recognition of work-related injury, and the labor administrative department shall review the relevant materials provided by the applicant and make a determination in accordance with the relevant provisions of the Regulations on Work-related Injury and Cautionary Insurance.

Within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, or within one year from the date of occurrence of the work-related injury, the injured person's immediate family members, or the trade union organization within one year from the date of occurrence of the work-related injury or the date of diagnosis or appraisal of the occupational disease, the employer may submit an application for recognition of work-related injury to the labor criminal investigation department where the employer is located, and shall provide some materials when submitting the application.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee of a city divided into districts 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 put forward 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.

Derivative question: Who pays for hospitalization during hospitalization for work-related injuries? The insurance company is responsible for the various expenses during the hospitalization period of work-related injuries if there is insurance, and the company pays directly if there is no insurance. The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area. The unit shall pay the inpatient meal subsidy according to 70% of the standard of the meal subsidy standard for business trips of the unit. If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and the approval of the handling agency, the required transportation, accommodation, and other expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business trips.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible." 1. The premise is that "you can't take care of yourself". The level of self-care is divided into "completely unable to take care of oneself, most of the life is not able to take care of oneself, and part of life is not able to take care of oneself", which level is required to be confirmed by the Labor Ability Appraisal Committee (after the suspension period).

1. The appraisal of work-related injuries shall be carried out by the labor ability appraisal committee of the city divided into districts. Injury and disability appraisal refers to the appraisal of the degree of disability after injury. The scope of injury and disability appraisal includes disability from traffic accidents, disability from industrial accidents, disability from accidental injuries, and disability from fights.

Generally, the judicial department (such as the traffic police force, the police station, and the court sail and hail shirt) will conduct the corresponding disability evaluation based on the relevant admission records provided by the hospital or entrust the disability appraisal agency to do the corresponding disability evaluation.

2. Legal basis: Article 23 of the Regulations on Work-related Injury Insurance: The employer, the injured employee or his close relatives shall apply to the labor ability appraisal committee of the city divided into districts, and provide the relevant information on the work-related injury determination decision and the employee's work-related injury medical treatment.