Can the medical records of the steel needle be used for disability identification?

All medical records and other relevant information should be brought with you for the examination.

If the work-related injury can be identified, it is estimated that the disability must be taken out before the steel ingot can be firm, and the following is the work-related injury identification procedure:

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

After completely ****, after no longer need to go to the hospital.

Legal analysis: Yes, the disability level is above level 9, because it is a joint part, so it also involves joint function problems, so it is more necessary to take out the steel plate and then do the identification, if the joint function is normal, then it is level 9, if the joint function is limited, the level will be higher.

Because surgery is necessary to remove the steel plate, this surgery is part of the whole process, and any surgery is risky, may not further damage the injured area, and may also cause more serious injuries.

Therefore, the steel plate is not taken out in the work-related injury appraisal is regarded as a medical treatment, and the general appraisal department will not accept it, and the basis of the disability level appraisal is to identify the function of the injured part, and the work-related injury appraisal must wait until the steel plate is taken out before the appraisal can be done.

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 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: Yes. If the fracture of the injured employee is fixed in the steel plate, the disability after the removal is uncertain before the steel plate is removed, and it does not belong to the relatively stable state of the injury, and the labor ability appraisal cannot be conducted.

Legal basis: 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 evaluated for his or her ability to work.

The worker himself may submit a petition for disability appraisal to the Labor Ability Appraisal Committee, and provide relevant materials on the determination of work-related injuries and the medical treatment of the work-related injury. However, only if there is a disability that affects the ability to work after the injury is relatively stable, the labor ability appraisal can be carried out.

Article 23 of the Regulations on Work-related Injury Insurance stipulates that 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 relevant materials on the determination of work-related injury and the medical treatment of the work-related injury. Article 26 of the Regulations on Work-related Injury Insurance provides that if a unit or individual applying for appraisal is dissatisfied with the appraisal conclusion made by the labor ability appraisal committee at the level of a city divided into districts, it 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 the final conclusions.

Disability appraisal is not allowed without taking the steel plate. The disability appraisal can only be carried out after half a year of functional recovery exercise after the steel plate is removed, because the disability is the determination after healing, and the steel plate does not represent the degree of disability, and the functional deficiency is the standard for determining the disability.

Article 4 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 Treatment 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. Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.

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 appraised for his or her ability to work.

Disability appraisal can be carried out before the steel plate is taken, and disability appraisal needs to be carried out after the end of ** and the condition can be stabilized.

1. How to go through the disability appraisal procedure.

Disability refers to a physical disability caused by a road traffic accident. These include mental, physiological, and anatomical abnormalities and the resulting loss of the ability to live, work, and socialize.

According to the disability status of the injured person in the road traffic accident, the degree of disability of the injured person is divided into 10 levels, from level I (100) to level X (10), and the difference between each level is 10.

1. The assessee shall bring the application for disability assessment stamped with the official seal of the case-handling unit and signed by the case-handling person;

2. Bring the diagnosis certificate of the hospital at or above the county level, the examination results, and the CT, X-ray and diagnostic report at the beginning and after the end of the injury;

3. Borrow relevant surgical medical records and examination records from ** hospital;

4. When assessing the working ability of the dependents, they should also bring the ID card and household registration certificate of the person who is being evaluated and upgraded, as well as the explanation of the relevant department;

5. The assessment shall be based on the injury directly caused by the accident or the determination of the complications, and if the compensation basis is not yet concluded and the mediation needs to be provided, it shall be stated in the application;

6. The assessor needs to be inspected in person and pay the prescribed assessment fee.

Paragraph 2 of Article 40 of the Procedural Provisions of the Ministry of Public Security: If a party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal institution after the end of the first day. Qualified inspection, appraisal and assessment institutions shall be filed with the provincial people's public security traffic management department, and the public security traffic management department may introduce the qualified inspection, appraisal and evaluation institutions to the parties to choose by themselves.

It can be seen that the time of disability assessment is at the end of **, and there should be a discharge diagnosis certificate. An application shall be submitted to the public security traffic management department, and the public security department shall recommend an appraisal agency to be selected by the parties themselves.

2. Where to go for disability evaluation after a car accident.

1. The identification of traffic accident injuries and disabilities is generally carried out after the end of the first day. **Termination, refers to the period when the pathological changes after injury generally recognized by clinical medicine are completely or partially recovered and stabilized after clinical treatment. Judging from the empirical judgment of the appraisal agency, the head injury generally takes six months later, and the injury to other parts can generally be carried out after three months.

2. It is recommended that the parties choose an appraisal agency with appraisal qualifications that has been filed with the local people's court for appraisal. In this way, the results of the appraisal can be recognized by the judicial authorities.

2. The general appraisal agency does not accept personal entrustment, so the parties can apply for the appraisal entrusted by the traffic management department of the public security organ or the law firm, or they can sue the court and the two parties jointly apply for the appraisal entrusted by the court. In judicial practice, it is often encountered that one party does not recognize the appraisal results after unilaterally entrusting the appraisal, so it is more appropriate to apply to the court for the appraisal after the lawsuit is brought to the court.