After the work related injury is identified and the disability is appraised, what compensation shoul

Whether a disability appraisal must be done after a work-related injury is determined to be decided on a case-by-case basis

1. If it is determined that after a work-related injury, after medical treatment, it does not actually affect the limb dysfunction and does not meet the disability standard, it can not be appraised, provided that there is no disagreement between the unit and the individual;

2. If one party disagrees, it is still necessary to go through the disability appraisal process in the end, and the certificate of whether it constitutes a disability level will be counted.

What is the procedure for determining a work-related injury?

The procedure for determining work-related injuries is as follows:

1. Application. If the employer does not submit an application, the worker shall submit an application for work-related injury recognition within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;

2. Investigation. After accepting the application, the labor and social security department shall investigate and verify the accident injury;

3. Identification. Generally, the determination will be made within 60 days.

Legal basis: Article 22 of the Regulations on Work-related Injury Insurance.

Labor ability appraisal 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: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

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.

Employees can apply for disability appraisal after a work-related injury. The unit shall apply for work-related injury recognition for the employee within 10 days after the accident; If the employer fails to submit an application within the time limit, the employee may submit an application on his own within one year in accordance with the law. If there is a disability that affects the ability to work after the injury is relatively stable, an appraisal of the ability to work should also be conducted.

[Legal basis].

Article 17 of the Regulations on Work-related Injury Insurance.

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. 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 immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational freak disease, directly submit an application for determination of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Article 21.

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, an appraisal of his or her ability to work shall be conducted.

1. After the work-related injury employee has completed the appraisal, the employer can pay the corresponding disability compensation according to the disability appraisal level. 2. Article 38 of the Social Insurance Law stipulates that the following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses incurred by work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging 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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with the provisions of the state: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. It should be said that the first step for employees to get compensation for work-related injury appraisal is to negotiate compensation with the leaders of the unit with these vouchers, and if the employer does not cooperate, it can only be sued by arbitration first.