Level 4 Disability Appraisal Standard, Level 4 Disability Appraisal Standard

Hangzhou lawyer Zhang:

Please provide the legal relationship that existed before the injury and the reason for the injury, whether it is an employment relationship or a labor employment relationship? Was it a traffic accident or work-related injury or intentional injury? Otherwise, it can't.

The legal relationship that existed before the injury and the cause of the injury are related to the criteria to be used to determine disability, and whether the disability and the level of disability can be determined.

You can take a look at this first**: Hangzhou Disability Compensation Network.

Legal analysis: According to the relevant laws and regulations of China, the fourth-level disability appraisal standard needs to be identified according to its "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability", for example, moderate intellectual injury is a fourth-level disability, please refer to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" for details.

Legal basis: The full text of Level 4 in the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability".

The criteria for the fourth-level disability assessment are:

1. Severely limited ability of daily living, sometimes in need of help;

2. All kinds of activities are restricted, limited to activities within the scope of residence;

3. The type of occupation is restricted;

4. Social interaction is severely restricted.

Severe organ defects or malformations, severe functional impairment or complications, special medical dependence, or partial or no self-care impairment are classified as grade 4 disabilities. Including moderate intellectual impairment, severe epilepsy, psychotic disorders, lack of social skills after 1 year of the system, monoparalegia muscle strength level 2, partial muscle paralysis of both hands muscle strength level 2, trismus or esophageal stricture can only take in liquid food, one side pneumonectomy, etc.

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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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.

Level 4 disability evaluation criteria: severe organ defects or malformations, severe functional impairment or complications, special medical dependence, or partial self-care impairment or no self-care impairment. The criteria for the evaluation of grade 4 disability are severe organ defects or malformations, severe functional impairment or complications, special medical dependence, or partial or no self-care impairment.

Where the victim suffers personal injury and needs to have a disability evaluation, go to the judicial appraisal center to apply for an evaluation, and the specific results are to be subject to the evaluation results, and may refer to the "Classification of the Degree of Disability Caused by Human Injury". If it is a work-related injury, go to the Labor Ability Appraisal Committee for appraisal, and the specific results shall be subject to the appraisal results, and you can refer to the "Disability Level of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability".

1. What materials need to be prepared to receive disability allowance:

1. Prepare a work-related injury certificate;

2. Declaration form for work-related injury benefits;

3. Labor ability appraisal;

4. Medical expense invoices, diagnosis certificates, and medical records;

5. The unit shall fill in the "Application Form for Work-related Injury" and affix the official seal of the unit.

2. Process for receiving disability allowance:

1. The employer submits an application for work-related injury recognition to the social insurance administrative department of the local co-ordination area;

2. The injured employee submits an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts after the injury is relatively stable;

3. Bring the work-related injury determination decision, labor ability appraisal and other materials to the work-related injury insurance agency to apply for work-related injury insurance benefits.

Legal basis: "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 Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date 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.

Legal basis: 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 Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date 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.

Criteria for the Identification of Minor Human Injuries", Minor injuries refer to injuries that are caused by various external factors such as physical, chemical, and biological factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and not constituting serious injuries but not minor injuries.