Is the work related injury labor ability appraisal done by the company?

Individuals or units can apply for work-related injury appraisal at the Work-related Injury Section of the Labor Bureau.

According to the Regulations on Work-related Injury Insurance

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.

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.

Employers or employees and their close relatives can apply.

It can be a unit, and it can be a person.

The labor ability appraisal department for work-related injuries is the labor ability appraisal committee at the municipal level divided into districts. The labor ability appraisal committee is generally composed of representatives of social insurance administrative departments, health administrative departments, trade union organizations, handling agencies, and representatives of employers at the provincial, autonomous region, municipality, and districted city levels.

[Legal basis].Article 23 of the Regulations on Work-related Injury Insurance.

The employer, the injured employee or the close relatives of the injured employee shall submit an application to the Labor Nuclear Zen Ability Appraisal Committee of the city divided into districts, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.

Article 24.

The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees at the level of cities divided into districts shall be composed of representatives of social insurance administrative departments, health administrative departments, trade union organizations, handling agencies and representatives of employers at the level of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts respectively.

Legal analysis: The social insurance administrative department of the coordinating area shall submit an application for recognition of work-related injury. According to the provisions of the relevant laws of China, if an employee is injured in an accident or is diagnosed with an occupational disease, he or she shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region within a certain period of time.

According to the principle of territoriality, it shall be handled by the social insurance administrative department where the employer is located. Legal basis: Article 17 of the Measures for the Determination of Work-related Injuries 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 Control of Occupational Diseases, the unit to which he or she 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 work-related injury recognition to the social insurance administrative department of the coordinating region.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the municipal social insurance administrative department of the districted area where the employer is located in accordance with the principle of territoriality.

Labor ability appraisal has nothing to do with work-related injuries! After the work-related injury is determined (work-related injury certificate), an application shall be made to the Labor Bureau for the appraisal of the work-related injury and disability level.

Legal Analysis: The labor ability appraisal department for work-related injuries is the Municipal Labor Ability Appraisal Committee.

Legal basis: 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 due to work reasons or left in the field in an accident during the period of going out 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 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 hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative 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, accommodation, and socks 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 of 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**.