Can a disability assessment be done more than one year after the end of treatment?

1.The current Regulations on Work-related Injury Insurance and the Administrative Measures for the Appraisal of the Working Ability of Employees Injured at Work do not have a clear time limit on how long after an injury can be applied for a labor ability appraisal (work-related injury disability grade appraisal).

2.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, he or she shall be assessed for his or her ability to work.

3.Generally speaking, injured employees need to wait for the injury to stabilize before they can apply for a labor ability appraisal to determine the level of work-related injury. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).

4.If you have any questions, you can directly call 12333 to consult the local labor department.

If you have a work-related injury certificate, you can do it after one year.

Traffic Accident Disability Assessment Instructions:

1. If the party involved in the traffic accident is disabled due to injury, after the end of the traffic accident (which is the key), he may apply to the public security traffic management organ or the court for disability assessment after filing a lawsuit.

2. The following medical materials should be prepared before the disability assessment:

1. ID card, diagnosis certificate from the hospital, and inpatient medical record (copy).

2. Fracture patients should prepare X-rays and CT films at the beginning and during the injury.

3. Power of attorney from the traffic team, court or law firm.

3. The forensic doctor can do further examination according to the needs of the condition. If the assessment materials are insufficient, it will not be accepted if the assessment time is not reached.

Recommendation: Fracture and mild or moderate head injury for more than 3 months, and high head injury for more than 6 months. If the other party does not approve of the appraisal and goes to the court, it may be necessary to re-appraise.

Question about **:

1. At present, whether the plaintiff has filed a civil lawsuit with the people's court. If the plaintiff has filed a lawsuit and the court organizes the plaintiff and the defendant to jointly agree on an appraisal agency to conduct an appraisal, the court can only hear the case after the appraisal agency makes an appraisal conclusion.

2. If the plaintiff has not filed a lawsuit with the court, it has been one and a half years since he was discharged from the hospital, and there is no continuation of the ** situation and there is no claim for compensation from you, the plaintiff has exceeded the statute of limitations (one year). You can request the people's court to dismiss the plaintiff's claim on the grounds that the plaintiff's claim has exceeded the statute of limitations.

3. Lost time pay is not necessarily calculated to the date of disability. Because according to the provisions of the judicial interpretation, if the person continues to miss work due to disability, it can be calculated to the fixed disability day. Therefore, it depends on whether the plaintiff has been continuously absent from work, for example, whether the hospital has indicated in the discharge record or in the illness certificate that he has taken a full leave of absence for several months after discharge.

If not, there is no basis for the plaintiff's claim of continuous loss of work.

1. Is it still useful to do a disability assessment for more than one year?

1. Whether it is effective to do disability appraisal for more than one year.

1) If the disability appraisal is started now, and the disability caused by the personal injury is not known before, the statute of limitations is one year from the date when the disability appraisal is established;

2) There is no time limit for disability appraisal, and it can be done after many years, but it is best not to exceed the one-year statute of limitations for personal injury compensation, and the statute of limitations for personal injury compensation is one year from the date on which you know or should know that your rights have been infringed;

3) If the statute of limitations expires, you will not be able to obtain compensation, and the infringement of three years ago will not be able to be compensated now. Unless it can be determined that the injury was inflicted.

2. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance.

Employees who are injured in an accident or are diagnosed or identified as occupational diseases in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases; The unit to which the employee belongs shall be 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 work-related injury recognition to the social insurance administrative department of the coordinating region. 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 determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization shall be diagnosed on the date of occurrence of the accident injury; Within one year from the date of identification of an occupational disease, an application for recognition of work-related injury may be submitted directly 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.

2. Disability appraisal fee standards.

1. Judicial appraisal should be conducted at the appraisal institution designated by the judicial authority;

2. The appraisal of work-related injury and disability should generally be carried out by the labor ability appraisal committee of the prefecture-level city;

3. The appraisal of the disability level of traffic accidents should be carried out in a designated institution. The cost of disability appraisal is about 4,000 yuan, and the fees are different depending on the degree of disability, and it varies from place to place.

If a work-related injury has been identified, it may apply for a labor capacity appraisal. The current law does not set a specific limit on the time for the appraisal of the working ability of the work-related injury, but only stipulates that if the injury is relatively stable, the appraisal should be applied for in a timely manner. According to the law, the time limit for an employer to apply for a work-related injury determination is 30 days, and the time limit for a labor union and an injured employee is one year.

Regulations of the People's Republic of China on Work-related Injury Insurance

Article 17 An injured worker, his or her immediate family members, or a 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 apply for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify in writing the employee or his immediate family members who apply for the determination of work-related injury and the unit to which the employee belongs.

Legal analysis: There is no time limit for disability appraisal, and it can be done after many years, but it is best not to exceed the one-year statute of limitations for personal injury compensation, and the statute of limitations for personal injury compensation is one year from the date of knowing or should have known that the rights have been infringed; If the statute of limitations expires, you will not be able to obtain compensation. Violations made three years ago are now uncompensable.

Unless it can be determined that the injury was caused at the time of the injury, the person concerned did not know it, and later found out after seeking medical attention, it is counted from the time when it was known.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal analysis: If it is really necessary, it can be continued. Because the suspension period or period has expired, you can enjoy the medical treatment of work-related injuries, but you are not entitled to the benefits of the suspension period with pay.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. Employees who are injured in the field of work and still need to be injured after the expiration of the suspension period shall continue to enjoy the medical treatment of work-related injuries.

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.

Legal analysis: As long as the work-related injury is determined, the expenses required for the injury due to the accident can be reimbursed, and the work-related injury insurance will pay.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 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) Hospitalization Changchong food subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

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 work-related injury of the employee hospitalized, as well as the transportation, accommodation and transportation expenses required for the injured 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**.