What is the extent of the injury to be considered disabled?

The process of determining the level of disability is as follows: first, the party concerned should apply for a work-related injury determination and obtain a work-related injury certificate; The parties concerned should bring the relevant materials to the local social security agency to apply for disability level appraisal; It is necessary to receive the appraisal materials after 15 days, and if the parties are not satisfied with the appraisal results, they may apply to the appraisal agency at the next higher level for a re-examination.

Classification of disability appraisal grades: There are a total of 10 levels of disability, and the disability level is divided into 10 according to the labor dysfunction, the most serious is level 1, and the lightest level is level 10. Grades 1 to 4 are total incapacity, grades 5 to 6 are mostly incapacitated, and grades 7 to 10 are partial incapacity.

What materials are required for the identification of injuries that have been beaten?

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. Carry the diagnosis confirmation 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, the ID card and household registration certificate of the assessor should also be brought and the explanation of the relevant departments;

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

Legal basis

Regulations on Work-related Injury Insurance

Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder. Labor dysfunction is divided into 10 levels of disability, 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 labor ability appraisal standards shall be formulated by the administrative department of social insurance in conjunction with the administrative department of health and other departments.

Criteria for the identification of the degree of impairment and disability of the human body.

It needs to be comprehensively judged based on individual cases, and it is mainly divided into three categories: serious injuries, minor injuries and minor injuries. Disability due to different causes and disability parts are different, and the disability identification standards stipulate different quantitative specifications. If the work-related injury causes disability, the injured employee must first apply to the local human resources and social security bureau for work-related injury determination.

After receiving the work-related injury certificate, the labor ability appraisal shall be made to the city divided into districts.

The committee applies for a labor capacity appraisal; If a traffic accident causes disability, the traffic police force may entrust the disability rating to a forensic appraisal institution.

Appraisal may also be made by the victim after filing a lawsuit with the court, and then applying to the court to entrust the appraisal; Where a fight or intentional injury results in disability, the victim may try the defendant's crime of intentional injury in the court.

In the process, a civil lawsuit attached to the criminal case was filed and an application for disability level appraisal was appraised.

Regulations on Work-related Injury Insurance

Article 30. Employees are injured in accidents or suffer from occupational diseases due to work.

Carry out **, 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 hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury 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 work-related injury medical treatment for non-work-related injuries and are subject to basic medical insurance.

Approach. 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**.

Legal Analysis: Damage, injury, injury and disability are considered disability. If the injured person meets the disability level of a system injury, only the highest disability level of the system is determined, the first level of disability, the human disability rate is 100%, which is equivalent to the disability compensation index of 100%, the disability rate of the second disability is 90%, which is equivalent to the disability compensation index of 90%, and so on, the disability rate of the human body with grade 10 disability is 10%, which is equivalent to the disability compensation index of 10%.

10 levels of disability according to degree; It is divided into 7 major systems according to the location of injury.

Legal basis: Article 23 of the Regulations of the People's Republic of China on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant information on the determination of work-related injury and the medical treatment of the work-related injury. Article 24 The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees at the level of cities divided into districts shall be composed of representatives of the social insurance administrative departments, health administrative departments, trade union organizations, handling agencies and representatives of employers at the level of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts respectively.

Disability due to different causes and disability parts are different, and the disability identification standards stipulate different quantitative specifications.

If the work-related injury causes disability, the injured employee shall first apply to the local human resources and social security bureau for work-related injury identification, and after receiving the work-related injury certificate, apply to the labor ability appraisal committee of the city divided into districts for labor ability appraisal, based on the "Labor Ability Appraisal of the Disability Level of Employees Injured by Work-related Injuries and Occupational Diseases";

If a traffic accident causes disability, the traffic police may entrust the disability level appraisal to a judicial appraisal institution, or the victim may apply to the court for an appraisal after filing a lawsuit with the court;

Where a fight or intentional injury results in disability, the victim may, in the course of the court's trial of the defendant's crime of intentional injury, initiate a civil lawsuit attached to the criminal case and apply for an evaluation of the level of disability;

Traffic accidents, fights, and intentional injuries are based on the "Classification of the Degree of Disability of Human Injury".

Summary. Dear dear, it's a pleasure to answer your <>

Quasi-legal analysis: after injury, you can apply for injury evaluation; Criteria for Injury Evaluation: Serious injuries that cripple a person's limbs, disfigure, loss of hearing, loss of vision, loss of other organ functions, or other injuries that cause serious harm to personal health, including serious injuries of the first degree and serious injuries of the second degree.

Minor injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ function, or other injuries that are moderately harmful to personal health, including minor injuries of the first degree and minor injuries of the second degree. Primary injuries caused by minor injuries caused by various injury factors, causing slight damage to tissue and organ structures or slight dysfunction, can be used as disability identification criteria<>

The extent of the injury can be done for disability assessment.

Dear, it's a great honor to answer your <>

Quasi-legal analysis: after the injury, the injury can be opened to apply for an injury evaluation; Criteria for Injury Evaluation: Serious injuries that cripple a person's limbs, disfigure, loss of hearing, loss of vision, loss of other organ functions, or other injuries that cause serious harm to personal health, including serious injuries of the first degree and serious injuries of the second degree.

Minor injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ function, or other injuries that are moderately harmful to human health, including minor injuries of the first degree and minor injuries of the second degree. Primary injuries caused by minor injuries caused by various injury factors, causing slight damage to tissue and organ structures or slight dysfunction, can be used as disability identification criteria<>

Legal basis: Article 17 of the Regulations of the People's Republic of China on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases of Mu Wuyu, the unit shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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 recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or the 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 submit an application for recognition of work-related injury to the social insurance administrative department of the Xunduan coordinating area where the employer is located<>

Legal Analysis: Damage, injury, injury and disability are considered disability. If the injured person meets the disability level of a system injury, only the highest disability level of the system is determined, the first level of disability, the rate of human disability is 100%, which is equivalent to 100% of the disability compensation index, the disability rate of the second degree of disability is 90%, which is equivalent to the disability compensation index of 90%, and so on, the disability rate of the human body with grade 10 disability is 10%, which is equivalent to the disability compensation index of 10%.

10 levels of disability according to degree; It is divided into 7 major systems according to the location of the lesion.

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

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.

Article 24 The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees at the level of cities divided into districts shall be composed of representatives of the social insurance administrative departments, health administrative departments, trade union organizations, handling agencies and representatives of employers at the provincial, autonomous region, municipality directly under the Central Government and districted city levels respectively.