What are the classifications of work related injury and disability assessment standards?

Disability appraisal standards: The state shall uniformly set a standard, and then the local government shall implement it according to the standard, so as to safeguard the legitimate rights and interests of the disabled and promote social harmony and stability. There are also many types of disabilities, and all kinds of disabilities should be applied in a comparative manner.

1.Standards for the Identification of Minor Human Injuries (promulgated by the Ministry of Public Security on July 25, 1996 and implemented on January 1, 1997);

2.Standards for the Appraisal of Minor Human Injuries (for Trial Implementation) (promulgated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on June 20, 1990, and implemented as of July 1, 1990);

3.Standards for the Appraisal of Serious Personal Injuries (promulgated by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on March 29, 1990, and implemented on July 1, 1990);

4.Disability Assessment of Persons Injured in Road Traffic Accidents (issued by the Ministry of Public Security, implemented on December 1, 2002);

5.Medical Accident Grading Standards (Trial) (promulgated by the Ministry of Health on July 31, 2002 and implemented on September 1, 2002);

6."Standard for Lost Working Days in Accident Injuries" (National Standard GB T 15499-1995).

7."Appraisal of the degree of disability caused by work-related injuries and occupational diseases of employees" (GB T 16180-2006, implemented by the State Bureau of Technical Supervision on May 1, 2006);

8.Criteria for the Appraisal of the Degree of Disability or Incapacity of Employees Due to Non-work-related Injuries (promulgated by the Ministry of Labor and Social Security on April 5, 2002 and implemented on the same day);

9.Standards for the Appraisal of the Degree of Human Injury (promulgated by the Ministry of Justice, implemented on April 14, 2004);

10."Standards for the Appraisal of the Degree of Human Injury and Disability (for Trial Implementation)" (formulated by the Supreme People's Court and implemented as of January 1, 2005);

11."Military Disability Rating Standards (Trial)" (issued by the Ministry of Civil Affairs, the Ministry of Labor and Social Security, the Ministry of Health, and the General Logistics Department of the People's Liberation Army);

12.Practical Assessment Standards for Persons with Disabilities (Trial) (issued by the China Disabled Persons' Federation).

Legal analysis: If an employee is injured or suffers from an occupational disease in the course of his or her occupational activities, then the work-related injury and disability level can be appraised. The criteria for work-related injury and labor ability impairment are divided into grades 1 to 10, of which the first-level disability is the most serious, and the severity decreases with the increase of the level, and the 10th grade disability is the lightest.

When the level of work-related injury and disability is determined, a variety of factors will be taken into account to determine the level of disability of the person concerned.

Legal basis: Regulations on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall 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 standards for work-related injury insurance hospitalization services shall be formulated by the social insurance administrative department in conjunction with the health administrative defense 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 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 for payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

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**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

There are 10 levels of work-related injury appraisal standards, with the heaviest being level 1 and the lightest being grade 10. The work-related injury appraisal standard shall be applicable to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" (GB T16180-2014). The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level.

[Legal basis].

Article 22 of the Regulations on Work-related Injury Insurance refers to the 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.