If the injured person has waived the labor ability appraisal in writing before, can the individual s

1. 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, he or she shall be evaluated for his or her ability to work; This is the power granted by the law to employees injured at work, and the law uses the word "shall", which is a mandatory provision;

2. If the injured person has waived the labor ability appraisal in writing before, which is contrary to the law, it needs to be invalid and has no legal effect, and the individual can still apply for the labor ability appraisal in the later stage, and if he resigns, he needs to apply within one year of resignation;

3. The legal basis is the 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 22 The appraisal of labor ability 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.

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.

The injured person has waived the labor ability appraisal in writing before the work-related injury].

If there is evidence to prove that the "written waiver of labor ability appraisal" is signed under external coercion and is not the true expression of the parties' intentions, the individual can also apply for appraisal later! Otherwise, no. Even if it is a lawsuit, the court will not support it.

As long as it is within the limitation period of arbitration, an application for appraisal may be made. However, if the arbitration has already been carried out and you have waived the labor ability appraisal in writing, it is very likely that the arbitration commission will not accept your application. Only in the course of the litigation can you entrust a lawyer to apply for an appraisal agency to do an appraisal, and submit it to the court of first instance as new evidence, and you entrust a lawyer to conduct a lawsuit.

OK. You have the right to change your claim by law.

You bring your medical records, diagnosis certificate, work-related accident certificate and your legal identity documents to apply for a disability level evaluation. You don't need to go through the employer.

As long as the work-related injury is determined, you can apply for an appraisal, which is your right, and the original written waiver has no legal effect.

The unit agrees that disagreement is not a necessary procedure.

According to the provisions of the General Principles of the Civil Law, if you have given up the autonomy of will, then of course your rights have been exercised, and if you re-apply for appraisal, the other party can use this as a defense and may not necessarily support you.

Zongheng Legal Network-Henan Chenzhong Law Firm-Sun Honglei lawyer.

Yes, but the road is a bit difficult.

You can apply for a disability grade assessment.

Summary. Hello dear, it is a pleasure to serve you <>

It is not necessary to do a disability assessment after the work-related injury functional capacity assessment. Only if the employee has a disability that affects his or her ability to work after his or her injury is relatively stable, he or she needs to do a disability appraisal, that is, an appraisal of his or her working ability; However, if there is no disability and it does not affect the ability to work, it is not necessary to do this evaluation.

Do you need to do a disability appraisal after the work-related injury and labor performance appraisal?

Hello, happy to serve you <>

It is not necessary to do a disability assessment after the work-related injury functional capacity assessment. Only if there is a disability that affects the ability to work after the injury is relatively stable, it is necessary to do a disability appraisal, that is, a labor ability appraisal; However, if there is no disability and it does not affect the ability to work, it is not necessary to do this evaluation.

Legal basis: Article 21 of the "Regulations on Work-related Injury Insurance" 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, he or she shall be appraised for his or her ability to work. Guess the call.

1.After receiving the conclusion of the Labor Ability Appraisal, the injured employee can choose to resign according to his physical condition and work situation, or he can choose to continue to work with the employer. 2.

Regardless of whether or not an injured employee leaves the job, he or she can obtain corresponding work-related injury compensation in accordance with the "Regulations on Work-related Injury Insurance" and the relevant provisions of the implementation measures for the implementation of the "Regulations on Work-related Injury Insurance" issued by various cities. 3.According to the relevant provisions of the Regulations on Work-related Injury Insurance, if the injury is recognized as a work-related injury, you can enjoy the following work-related injury benefits:

1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work with pay (during the period of work-related injury**, **), the salary shall be paid according to the original treatment; (3) The unit shall be responsible for the need for nursing care during the period of suspension of work and pay; (4) During hospitalization, the food subsidy shall be paid according to the standard of the place where the injured employee is located; (5) If the person is assessed as a grade 1-10 disability through the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), a one-time disability subsidy, a one-time medical subsidy for work-related injuries (received after the termination of the contract for a grade 5-10 disability) and a one-time disability employment subsidy (received after the disability of grade 5-10 is terminated).

Summary. Hello, I am happy to serve you to answer your questions, waiver is OK The main content of the voluntary waiver of work-related injury appraisal statement is clearly written: I voluntarily waive the right to work-related injury identification and labor ability appraisal, and am willing to negotiate with the unit to deal with my work-related injury compensation matters, this agreement is my completely voluntary true intention to express, and I am willing to bear all the consequences arising therefrom, and waive the right of recourse to the unit.

The work-related injury was recognized, and the labor ability appraisal also came down. Can I still give up my workers' compensation insurance?

Hello, I am happy to serve you to answer your clear questions, it is okay to give up the voluntary waiver of the work-related injury appraisal statement The main paragraph of the statement is written clearly: I voluntarily waive the right to work-related injury identification and labor ability appraisal, and am willing to negotiate with the unit to deal with my work-related injury compensation matters, this agreement is my completely voluntary true intention to express, and I am willing to bear all the consequences arising therefrom, and waive the right of recourse to the unit. Hold the positive burn.

Rights can be waived, but obligations cannot be waived. Because the exercise of rights is active, the subject of rights can choose to drive or waive the right to clear the cover by himself. The law does not interfere, this is the so-called principle of autonomy of rights.

But the obligation is a passive sail, whether you want to fulfill the obligation or not, you have to fulfill it, and if you don't fulfill it, you will be punished accordingly. Under normal circumstances, personal rights cannot be waived, but property rights can be waived. If the waiver of the right does not cause the other person to suffer damage, it can be waived in principle.

Such as inheritance. If a waiver of rights would result in harm to others, then you cannot waive it unless the other person gives their consent. If the law stipulates that your right to claim creditor's rights can be revoked by a third party if it is waived; If you neglect to exercise, a third person can exercise on your behalf.

It has been identified. Don't want to go through workers' compensation insurance now? May I?

If you don't apply for work-related injury insurance benefits, you will give up?

All enjoy social insurance benefits, that is, the principle of compensation for dust disturbances without negligence. If it is determined that the lifting is a work-related injury, it is certain that the work-related injury benefits should be enjoyed, and the company must pay the corresponding work-related injury compensation. Reply.

Yes. The work-related injury was recognized, and the work-related injury ability appraisal was also lowered. Do I still need to apply for work-related injury insurance benefits? Not applying is not giving up for yourself. Seek an auspicious solution.

Yes, not applying is giving up on yourself.

Does it have an impact on my own social security in the future?

There is no effect if the injury meets the requirements of the Occupational Injury Burial Insurance Regulations.

Ten. 4. If there are no circumstances specified in Article 16 (and there are no circumstances specified in Article 16), they shall be recognized as work-related injuries and shall be compensated according to work-related injury benefits, and the amount will not have any impact on the proportion of contributions in the future.

If you give up, is there still workers' compensation?

If no work-related injury is determined, the employer may be required to compensate in accordance with the standard of the Regulations on Work-related Injury Insurance.

The work-related injury has been identified, and the labor ability appraisal has also been made. Now I don't want to go through workers' compensation. Can.

So what does your unit say?

You can apply again. As long as the work-related injury appraisal is given up within the limitation period for work-related injury appraisal, the work-related injury appraisal can be re-applied. Work-related injury appraisal includes labor ability appraisal and disability grade appraisal, and work-related injury appraisal in the narrow sense refers to disability grade appraisal.

1. Go to the hospital for a disability appraisal process.

If you are injured at work, you need to go to the labor bureau to make a work-related injury determination first. After the work-related injury is determined, you can go to the Labor Ability Appraisal Committee for a disability level appraisal. The items identified include labor ability appraisal, suspension of pay period appraisal, transportation and coincidence recognition, nursing level appraisal, disability assistive device configuration appraisal, etc.

The appraisal of work-related injuries in a broad sense includes the appraisal of working ability and the appraisal of the disability level, and the appraisal of work-related injury in the narrow sense refers to the appraisal of the disability grade. After that, you will be able to receive the compensation amount according to the disability assessment level.

2. What is the scope of work-related injury appraisal?

The scope of work-related injury appraisal mainly includes labor ability appraisal, suspension of pay period appraisal, nursing level appraisal, and disability assistive device configuration appraisal. If the injured employee meets the requirements after the work-related injury identification, the work-related injury department will arrange a professional department to conduct work-related injury appraisal for the injured employee, and then determine the work-related injury disability level. For the appraisal of work-related injury and disability level, the materials that need to be prepared are:

1. Application Form for Labor Ability Appraisal;

2. Decision on Determination of Work-related Injury issued by the labor department;

3. Personal identity certificate;

4. Medical records and diagnosis certificates from the hospital.

3. How do I go to the hospital for work-related injury identification?

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured person shall submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease; After the application is accepted, I will be informed of the time and hospital for the evaluation, and then I can bring the relevant documents to the examination.

Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters. The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of the configuration of side keys of disability assistive devices, etc.

Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 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 provisions of the preceding paragraph, the injured employee, his or her immediate family members, 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 labor and social security administrative department of the area where the employer is located.

Can I re-apply if I have given up the work-related injury appraisal, as long as I have given up the work-related injury appraisal within the limitation period of the work-related injury appraisal, I can re-apply for the appraisal. The appraisal of work-related injuries in a broad sense includes the appraisal of labor ability and the appraisal of the disability grade, and the appraisal of work-related injuries in the narrow sense refers to the appraisal of the disability grade. Labor ability appraisal, also known as labor appraisal, refers to the identification and assessment made by the relevant departments in medicine when the labor ability of the worker is damaged to varying degrees due to various reasons in the production work, resulting in the partial, large or complete loss of the working ability of the worker.

Under normal circumstances, China's labor ability appraisal work is only responsible for labor ability appraisal issues caused by work-related injuries or illnesses. The required materials are taken as an example in Guangzhou.

1) To apply for the appraisal of the degree of labor dysfunction of work-related injuries, you must fill in the "Application Form for Labor Ability Appraisal in Guangzhou" in duplicate, and submit the following materials at the same time:

1. The original and photocopy of the Application Form for Recognition of Work-related Injuries of Employees in Guangzhou and the Decision on Work-related Injury Determination of Guangzhou Labor and Social Security Bureau;

2. Medical records of the first visit after the work-related injury, hospitalization information related to the work-related injury, and outpatient medical records of the subsequent work-related injuries;

3. Imaging examinations (such as X-rays) for the first time and subsequent follow-up examinations

CT, MRI, etc.);

4. If there are scars, defects or deformities on the injured part, the color of the injured part must be provided**;

2) To apply for the review and appraisal of the degree of labor dysfunction, you must fill in the "Application Form for Review and Appraisal of Labor Ability in Guangzhou" in duplicate, and submit the following materials at the same time:

1. The original and photocopy of the Application Form for the Identification of Work-related Injuries of Employees in Guangzhou, the Decision on the Determination of Work-related Injuries of the Guangzhou Labor and Social Security Bureau, and the Conclusion of the Labor Ability Appraisal; In Panyu and Huadu districts, employees injured at work in Conghua and Zengcheng cities must provide the original and photocopy of the original work-related injury identification, work-related injury appraisal conclusion and work-related injury review appraisal conclusion when applying for re-appraisal of labor ability.

2. The report of the application for labor ability review and appraisal and relevant medical records and other supporting materials;

3. Medical records of the first visit after the work-related injury, hospitalization information related to the work-related injury and all subsequent outpatient medical records;

4. The first and subsequent follow-up imaging examinations (such as X-rays, etc.)

CT, MRI, etc.);

5. If there are scars, defects or deformities on the injured part, the color of the injured part must be provided**.

3) To apply for the review of the knowledge chain of changes in the degree of labor dysfunction, you must fill in the "Application Form for Review and Appraisal of Labor Ability in Guangzhou" in duplicate, and submit the following materials at the same time:

1. The original and photocopy of the Application Form for the Identification of Work-related Injuries of Employees in Guangzhou, the Decision on the Determination of Work-related Injuries of the Guangzhou Labor and Social Security Bureau, and the Conclusion of the Labor Ability Appraisal;

2. The report of the application for the review of the change in the degree of disability and the relevant medical records and other supporting materials;

3. Medical records of the first visit after the occurrence of a work-related injury, hospitalization information related to the work-related injury and all subsequent outpatient medical records;

4. Imaging examinations (such as X-rays, etc.) for the first time and subsequent follow-up

CT, MRI, etc.);

5. If there are scars, defects or deformities in the injured part, the color of the injured part must be provided**.