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If a work-related injury occurs from the date of the work-related accident, you can apply for a work-related injury determination, but the time limit from the application to the determination result is generally 45 days
The work ability assessment is applied for after the medical treatment has been completed.
Hope it helps.
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When your work-related injury certification is down, you can go for a disability appraisal and a work ability appraisal.
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It is not possible from the day of hospitalization to the time of discharge, but after discharge, you can apply for a work-related injury certificate and then have a disability level assessment.
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After submitting the application, wait for the labor management department to notify you to go to the designated place to do the labor ability appraisal. After the appraisal is completed, the labor ability appraisal committee shall make an appraisal conclusion within 60 days. It may be extended for 30 days under special circumstances.
Expenses can be paid by yourself first and later by workers' compensation insurance**.
Article 23 Units and individuals applying for appraisal are not satisfied with the appraisal conclusions made by the regional labor ability appraisal committee, they shall 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, and submit the conclusion of the initial appraisal. The overall regional labor ability appraisal committee that made the initial appraisal shall transfer the relevant materials to the provincial labor ability appraisal committee.
Article 24 The Labor Ability Appraisal Committee shall make an appraisal conclusion within 60 days from the date of receipt of the appraisal application materials. Where the injury is complex and involves a large number of medical and health professions, the time limit for appraisal work may be appropriately extended, but the time limit must not exceed 30 days.
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Legal analysis: Generally within three months after the work-related injury, apply for labor ability appraisal. After the injured employee is relatively stable, the employer, the injured employee or his close relatives can apply for a labor ability appraisal without a specific time limit.
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.
Legal basis: Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability after the injury is relatively stable, which affects the ability to work, the labor ability appraisal shall be conducted.
Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide the relevant information on the determination of the work-related injury and the medical treatment of the work-related injury.
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Legal Analysis: The law does not strictly stipulate that a labor ability appraisal can be done within a few months. After the injury is relatively stable, if there is a disability that affects the ability to work, the appraisal can be done.
Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
Legal basis: Regulations on Work-related Injury Insurance
Article 21 If an employee has a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work.
Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. Labor dysfunction is divided into 10 levels of disability, with the most severe being level 1 and the least being grade 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
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1. The work-related injury can only be identified after a few months.
1. It takes 60 to 90 days for work-related injury identification. 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.
2. Legal basis: Article 25 of the Regulations on Work-related Injury Insurance.
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 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 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.
2. How long can an application for work-related injury be extended?
The work-related injury extension can be extended up to 1 year. If the employer fails to submit an application for work-related injury recognition within the prescribed 30 days, the injured employee, his or her immediate family members, or the trade union organization may directly submit an application for work-related injury recognition to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.
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Legal analysis: Generally within three months after the work-related injury, apply for labor ability appraisal. After the injured employee is relatively stable, the employer, the injured employee or his close relatives can apply for a labor ability appraisal, without making a specific time limit.
The labor ability appraisal committee at the districted city level shall, within 60 days from the date of receipt of the labor ability appraisal application, make a labor ability appraisal conclusion.
The law is based on the rules of the Kai ruler
Article 21 of the Regulations on Work-related Injury Insurance stipulates that 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, he or she shall be evaluated for his or her ability to work. Article 23 The employer, the injured worker or his close relatives shall submit an application to the Labor Ability Appraisal Committee of the city divided into districts, and provide the relevant materials on the determination of the work-related injury and the medical treatment of the worker's work-related injury.
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