Disability Assessment: Whether a person can identify two disabilities

Two disabilities can be identified, and the degree of disability of the two injuries should be assessed separately, and then the disability level at the higher level should be determined. If two disability levels are identified, they may be promoted to the next level. An application can be submitted to the appraisal agency, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee.

Legal analysis

According to the relevant laws and regulations, if a worker is injured due to work-related reasons and is recognized as a work-related injury, and the injury affects his or her work and life after the injury is stabilized, he or she may apply for a labor ability appraisal. If a work-related injury requires a disability appraisal, the work-injured employee's unit or his/her relatives shall fill in the Application Form for Labor Appraisal, apply for labor appraisal, and provide the work-related accident investigation report and relevant materials, including medical records with their ID cards and medical records**. For those who meet the conditions for appraisal, the labor appraisal committee shall notify the employer and relevant personnel in advance of the time, place and personnel of the appraisal.

The evaluation of working ability requires entrusting a qualified medical and health institution to conduct a medical diagnosis of incapacity. The appraisal of working ability is divided into grades 1 to 10, which correspond to different disability subsidy standards, among which grade 10 disability is the lightest level of disability. Work-related injury insurance for disability caused by work-related injuries** pays a one-time disability allowance based on the level of disability, and the disability allowance is based on the average salary of the employee in the past year.

Legal basis

Social Insurance Law of the People's Republic of China Article 36 An employee who is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Regulations on Work-related Injury Insurance 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:

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.

Yes, according to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" (GB T 16180-2014) Promotion principle: for multiple injuries to the same organ or system, or different parts of more than one organ at the same time, the degree of individual disability should be identified first. If several disability levels are different, the severity is graded; If two or more levels are the same, a maximum of one level will be promoted.

It is possible to identify multiple disabilities, but the calculation is based on the highest level. If the level is the same, then it is possible to apply for a promotion to the next level for calculation.

Among them, the disability appraisal can be for the same accident, and if it is left over from the past, it cannot be counted in this appraisal.

Legal Analysis: When a worker is injured and the disability is appraised, the disability level with the highest appraisal level is generally the final disability level. 1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for the determination of work-related injury, the company needs to declare within one month of the accident.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, the family will pay in advance from the work-related injury insurance.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the insurance agency may recover in accordance with the provisions of Article 63 of this Law.