Urgent!! When can I do a disability assessment?

The disability appraisal is generally over, and after the condition is stable, you can apply for the disability appraisal. At present, there is no specific time limit, and it is recommended to go for a disability assessment within one year after the end of medical treatment.

Regulations on Work-related Injury Insurance

Article 21 Where 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.

Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level 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 submit 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.

Article 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, 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.

You have been doing it for a long time, and the general disability appraisal is done after the end of the year, and you need to do it three months after the injury, and the assessment of joint mobility function can be done now.

1. Tissue identification.

1. Implement the face-to-face appraisal system, and the Municipal Labor Inspection Office will notify the appraised person to go to the designated place to accept the clinical examination and appraisal of the experts of the appraisal team, and the appraised person must bring X-rays, CT films, various inspection reports, etc. for future reference.

2. Each appraisal must be attended by 3 or more experts from the appraisal group, and the appraisal results shall be jointly made by 3 appraisal experts and signed by their names.

3. If the Municipal Labor Inspection Office deems it necessary, it may organize a verification or social investigation within 7 days after the expert appraisal to investigate and verify the situation at the unit, place of residence or hospital of the person being appraised.

2. Appraisal results.

1. The appraisal results shall be made within 7 days after the appraisal, and shall be notified by the Municipal Labor Inspection Office to the appraiser unit and the appraised person.

2. According to the national standard (GB T16180-1996) "Appraisal of the Disability Degree of Work-related Injury and Occupational Disease of Employees", the appraisal results are divided into 10 levels, of which disability level 1-4 is complete loss of working ability, disability level 5-6 is mostly loss of working ability, and disability level 7-10 is partial loss of working ability.

3. Re-identification.

Units and individuals applying for appraisal have objections to the conclusion of the municipal labor ability appraisal, they may submit a re-appraisal to the Provincial Labor Appraisal Commission within 15 days after receiving the appraisal. The appraisal results of the Provincial Labor Inspection Commission are the final conclusion.

Fourth, review and identification.

One year from the date of the conclusion of the labor ability appraisal, if the employee or his or her immediate family members, the unit to which he or she belongs, or the handling agency believes that the disability has changed, he or she may apply for a review and appraisal of the working ability.

If it is a general personal injury, you can apply to a judicial appraisal institution with relevant qualifications for disability level and other appraisals after being discharged from the hospital. Local and foreign appraisal agencies are acceptable. If the two parties can negotiate and jointly entrust a forensic appraisal agency, it is preferable, if the unilateral entrustment is made, and the other party has objections, they can apply for re-appraisal.

If it constitutes a work-related injury, you should apply to the work-related injury recognition agency for work-related injury grading.

According to Article 94 of the Labor Contract Law, if an individual contractor recruits a worker in violation of the provisions of this Law and causes damage to the worker, the contracting organization and the individual contractor shall be jointly and severally liable for compensation.

Because the contractor is a natural person and cannot be accepted by the labor dispute arbitration court, you should find the construction unit and apply for arbitration to the labor dispute arbitration court (or committee) in the order of the respondent construction unit, the third-party project manager, the third-party project contractor (if any), and the third-party single project contractor (that is, the contractor).

Application matters: 1. Confirm the labor relationship with the respondent; 2. Identification of work-related injuries; 3. Appraisal of disability level; 4. To enjoy work-related injury benefits (including one-time disability subsidy, one-time work-related injury medical subsidy, one-time disability employment subsidy, salary during the period of suspension of work, wages for lost work, nursing expenses during hospitalization, food allowance during hospitalization, medical expenses, transportation expenses, etc., need to be handled by the work-related injury department of the municipal human resources and social security bureau.

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 recognition of work-related injury in accordance with the regulations, the injured employee or his close relatives 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 an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

An application for determination of work-related injury shall be submitted:

1. Application form for work-related injury identification.

2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer.

3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee; Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

In your case, not signing a contract means that you don't have insurance, so these compensation payments are the responsibility of the actual employing company, and you can now collect some evidence to prove your actual employment relationship, and then apply for work-related injuries, do labor ability appraisal, and find compensation from the company after the grade appraisal. During the disability level, the employer will continue to pay you for the period of your work-related injury, which is the standard of your salary before the work-related injury.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

If it is a labor dispute, apply to labor arbitration for arbitration, apply for work-related injury determination, and then apply for labor ability appraisal that is, disability assessment.

The preparation of materials before applying for disability appraisal is often incomplete and the timing of the appraisal is not ripe because the victim is not familiar with the judicial appraisal process. When applying for disability evaluation, the victim should bring his/her ID card or household register, traffic accident certificate, diagnosis certificate, inpatient medical records stamped with the hospital seal (such as the first page of hospitalization, admission records, and discharge summary, etc.), and all cranial CT or magnetic resonance examination reports (the first and most recently re-examined CT report at the time of rescue), and make a copy of a set of medical record materials for the forensic center to retain. After the forensic center accepts the commission.

Within 30 working days, a disability appraisal opinion will be made. If the forensic center does not consider it to constitute a disability or does not constitute a higher level of disability, the victim and his or her close relatives may also appoint another forensic medical center. As a very important piece of evidence, the disability appraisal opinion is an important basis for claiming disability compensation, lost work expenses, nursing expenses, nutrition expenses, living expenses of dependents, and solatium for mental damages in the future settlement through negotiation, insurance claims, or litigation to the court.

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1. Determination of work-related injuries.

The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.

If a worker is injured in a work-related accident, he or she shall first apply to the human resources and social security bureau of the work-related injury insurance co-ordination area of the employer, and the employer shall apply within 30 days of the accident, and the labor union, the injured employee and his close relatives may submit an application for recognition within one year. The following materials shall be submitted to apply for a determination of work-related injury:

1. Application form for work-related injury identification.

2. Proof of the existence of labor relationship with the employer;

3. Medical diagnosis certificate, etc.

2. Labor ability appraisal.

Labor ability appraisal is a comprehensive assessment of the degree of disability and loss of working ability of the injured employee by the labor appraisal agency in accordance with the national appraisal standards, using relevant policies and medical science and technology methods and means after the worker is injured on the job, which is the basis and prerequisite for the insurance treatment standard for the injured employee.

If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted 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). To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:

1. The original and photocopy of the Decision on Determination of Work-related Injury;

2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;

3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

4. Other materials specified by the Labor Ability Appraisal Committee.