Whether the work related injury and disability level is the same as the personal injury level assess

No, the nature of the disability level appraisal and the personal injury grade appraisal are different, and the appraisal standards are also different. The disability appraisal committee is composed of the labor department and the medical department to identify the disability caused by the work-related injury. The identification of personal injury level is composed of public security organs and forensic doctors, and is used to identify personal injuries caused by infringement, traffic accidents, etc.

Legal analysis

The appraisal of work-related injury and disability level is to determine the corresponding disability level in accordance with the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability". Personal injury is determined in accordance with the "Disability Assessment of Persons Injured in Road Traffic Accidents". According to the relevant laws and regulations, if a worker is injured due to work-related reasons and is recognized as a work-related injury, and the injury affects his or her work and life after the injury is stabilized, he or she may apply for a labor ability appraisal.

If a work-related injury requires a disability appraisal, the work-injured employee's unit or his/her relatives shall fill in the Application Form for Labor Appraisal, apply for labor appraisal, and provide the work-related accident investigation report and relevant materials. For those who meet the conditions for appraisal, the labor appraisal committee shall notify the employer and relevant personnel in advance of the time, place and personnel of the appraisal. The evaluation of working ability requires entrusting a qualified medical and health institution to conduct a medical diagnosis of incapacity.

The appraisal of working ability is divided into grades 1 to 10, which correspond to different disability subsidy standards, among which grade 10 disability is the lightest level of disability.

Legal basis

Social Insurance Law of the People's Republic of China Article 36 An employee who is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Regulations on Work-related Injury Insurance 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. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 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.

It's not the same. The appraisal of work-related injury and disability level shall be appraised by the Labor Ability Appraisal Committee in accordance with the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Labor Ability Appraisal" GB T16180-2014, and the personal injury shall be appraised by the judicial appraisal agency in accordance with the "Disability Assessment of Persons Injured in Road Traffic Accidents" GB 18667 2002, and the two appraisal institutions and applicable standards are different. Compared with work-related injuries, the criteria for appraisal of labor ability are broader.

Legal analysis: The differences between work-related injury identification and disability appraisal are: 1. The subject of the application for appraisal is different.

The subject of the application for work-related injury appraisal is the employee himself, his close relatives, and the employing unit that has been identified as a work-related injury, and the subject of the application for work-related injury appraisal can only be the injured person. 2. The prerequisites for applying for appraisal are different. The premise of work-related injury appraisal is that the work-related injury application subject has obtained the employee work-related injury identification decision issued by the social insurance administrative department, that is, there is no work-related injury identification decision, and the work-related injury appraisal committee will not accept the application of the work-related injury appraisal applicant.

3. The basis, content and materials to be submitted for the application for appraisal are different. The laws and regulations on which the appraisal of work-related injuries are based are the Regulations on Work-related Injury Insurance and the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees. Fourth, the time to apply for appraisal is different.

The application time for work-related injury appraisal is the expiration of ** (after the injured person's condition is relatively stable), and the application time for accident disability appraisal is after the end of medical treatment.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.

The results of the work-related injury appraisal and the disability grade appraisal are not the same. The work-related injury appraisal standard shall be applicable to the "Disability Rating of Work-related Injuries and Occupational Diseases of Labor Ability Appraisal Employees", and the disability appraisal standard shall be applicable to the "Classification of Disability Caused by Human Injury". The appraisal agency for work-related injury appraisal is the Labor Ability Appraisal Committee; The appraisal institutions for judicial appraisal are the relevant institutions that hold appraisal qualifications.

Legal basisGrading of the degree of disability caused by human injury

Based on the consequences or outcomes of injury, the degree of tissue and organ loss and/or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the appraisal should be carried out realistically.

If the injured person meets two or more levels of disability, the level of disability of each place should be clearly stated in the appraisal of the remorse.

Hello, 1. Work-related injury appraisal refers to the grade appraisal made by the Labor and Social Security Bureau according to the degree of disability after the work-related injury is determined, which is more or less a prerequisite for enjoying some work-related injury insurance benefits.

2. In addition to the appraisal of work-related injury grades, if it is a general civil tort, such as traffic accidents, other injuries, etc., the disability grade appraisal can be carried out, which is a prerequisite for compensation in civil litigation.

3. The difference between the two is that the appraisal standards on which the two types of appraisals are based are different. As a result, the results that may be identified for the same type of injury are inconsistent. The scope of application of the two appraisals is inconsistent, with work-related injury appraisal being applicable to compensation that may be caused by work-related injuries, and disability grade appraisal generally applicable to civil compensation.

Of course, work-related injuries are divided into grades, which are the levels of disability appraisal, and work-related injury insurance can only be compensated.

Answer thank you. Article 1 These Regulations are formulated in order to ensure that employees who are injured by accidents or suffer from occupational diseases due to their work receive medical treatment and economic compensation, promote the prevention of work-related injuries and occupational diseases, and disperse the risk of work-related injuries of employers.

Disability appraisal is not the same as work-related injury appraisal, which identifies the employee's accident to see whether it is caused by work-related injury, which involves the division of responsibility. The disability appraisal is generally an appraisal of the degree of working ability and self-care.

Regulations 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 or she 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.

Regulations on Work-related Injury Insurance

Article 21.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work, he or she shall be evaluated for his or her ability to work.

It's not the same. 1. The subject of the application for appraisal is different: the subject of the application for work-related injury appraisal is the employee himself, his close relatives, or the employing unit that has been identified as a work-related injury; The subject of the disability appraisal application can only be the injured person.

2. The prerequisites for applying for appraisal are different: the premise of work-related injury appraisal is that the subject of work-related injury appraisal has obtained the employee decision issued by the social insurance administrative department, that is, there is no work-related injury determination decision, and the work-related injury appraisal committee will not accept the application of the work-related injury appraisal applicant; The premise of disability identification is that the applicant needs to provide a traffic accident certificate issued by the public security traffic police department. 3. The basis, content and materials to be submitted for the application for appraisal are different

The laws and regulations on which the appraisal of work-related injuries are based are the "Degree of Work-related Injury and Disability of Employees", which includes: the termination period of medical treatment for work-related injuries, the confirmation of the period of suspension of work with pay, the degree of impairment of working ability, and the degree of impairment of self-care. The materials that need to be submitted at the same time when Shen Qiaowan applies for work-related injury appraisal are:

Employee work-related injury determination decision, relevant materials of employee work-related injury medical treatment (including information on the employee's personal situation, information on the employee's work-related injury, diagnosis data of medical institutions, etc.); According to the laws and regulations of the "Assessment of Injuries of the Injured Persons", the content of the disability appraisal includes: the mental state, physiological function, abnormality of the street running structure and its impact on life, and the materials to be submitted for the disability appraisal include: traffic accident identification certificate, admission record, discharge record, discharge summary, medical record, disability diagnosis certificate, etc.

4. The time for applying for appraisal is different: the application time for work-related injury appraisal is the expiration of the first period (after the injured person's condition is relatively stable), and the application can be made; The application for disability assessment is after the medical treatment has been terminated.

1. How long does it take for disability appraisal to be appraised?

Disability assessment is generally not available until 3 months after the end of medical treatment. Work-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 the configuration of disability assistive devices, etc.

When applying for a work-related injury determination, the application form for work-related injury determination, labor relationship certificate, medical diagnosis certificate or occupational disease diagnosis certificate shall be submitted.

Article 7 of the Administrative Measures for the Appraisal of Labor Ability of Work-related Injuries or Stuffy Workers 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, or the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts.

What is the difference between a disability appraisal and a work-related injury appraisal.

1. Work-related injury appraisal and disability appraisal mean the same thing, according to the relevant provisions of the "Regulations on Work-related Injury Insurance", the appraisal of the disability level of work-related injury should be called labor ability appraisal.

2. In accordance with Article 7 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work, if a worker suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, or the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts.

3. According to the relevant provisions of the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Labor Ability Appraisal", if there is any objection to the disability appraisal conclusion, according to Article 26 of the "Regulations on Work-related Injury Insurance", the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee of the city divided into districts, and may 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. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are final.