How is the difference between a work related injury appraisal and a disability appraisal?

The two reference standards are different, the determination of work-related injuries refers to the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", and the competent authority is the Ministry of Labor, and the legal consequence is whether to enjoy work-related injury benefits; The disability appraisal refers to the assessment standards for disabled persons in road traffic accidents, mainly to solve the problem of personal injury, and its legal consequences are whether and how much compensation for personal injury is obtained.

In addition, there are the following differences:

1.The determination of work-related injury shall be submitted by the unit to the labor and social security administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. Otherwise, the injured employee, his or her immediate family members, or trade union organizations may, within one year from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located.

2.If it is determined to be a work-related injury, but there is a disability that affects the ability to work after the injury is relatively stable, the employee shall request a labor ability appraisal.

3.In many countries, disability is treated as early incapacity as retirement, and disability benefits have the meaning of a pension paid earlier; In China, a one-time disability subsidy is paid according to the level of disability from work-related injury insurance.

4.On the other hand, the one-time medical subsidy for work-related injuries and the employment subsidy for disability paid by the employer are paid when the employment contract is terminated upon expiration or when the employee himself or herself proposes to terminate the employment contract.

Finally, the lump sum medical benefit for work-related injuries and the Disability Employment Benefit are only available for disability levels 5 to 10. Because the employee is identified as a first-level to fourth-grade disability due to work-related disability, the employment relationship will be retained and the employee will quit the job. Disability allowance will not be paid until the injured employee reaches retirement age and goes through the retirement procedures, because there is no issue of termination of the employment contract at the expiration of the employment contract or the termination of the employment contract by the employee himself.

There is no difference, because in current judicial practice, the standard of work-related injury appraisal is generally adopted, and if the appraisal of work-related injury and the appraisal of traffic accidents are very different.

It is not a procedure, there is no comparability, and the disability assessment will be carried out after the work-related injury is determined.

Work-related injury appraisal is to identify whether there is a work-related injury, and disability appraisal is to identify the level of disability.

1. The subject of the application for appraisal is different: the subject of the application for work-related injury appraisal is the employee himself, his close relatives, and the employing unit that has been identified as the work-related injury; The subject of the disability appraisal application can only be the injured person.

2. The prerequisites for applying for appraisal are different: the premise of work-related injury appraisal is that the subject of work-related injury appraisal has obtained the employee decision issued by the social insurance administrative department, that is, there is no work-related injury determination decision, and the work-related injury appraisal committee will not accept the application of the work-related injury appraisal applicant; The premise of disability identification is that the applicant needs to provide a traffic accident certificate issued by the public security traffic police department.

3. The basis, content and materials to be submitted for the appraisal are different: the laws and regulations on which the appraisal of work-related injuries are based are "" and "The degree of work-related injury and disability caused by the employee's work-related injury", and the content of the appraisal includes: the termination period of work-related injury, the confirmation of the period of suspension of work with pay, the degree of impairment of labor ability, the degree of self-care impairment, etc.

The materials to be submitted at the same time when applying for work-related injury appraisal are: the decision on the determination of the employee's work-related injury, and the relevant information of the employee's work-related injury medical treatment (including the employee's personal information, the employee's work-related injury information, the diagnosis data of medical institutions, etc.); According to the laws and regulations, it is the "Assessment of Injuries to the Injured", and the content of the disability appraisal includes: the mental state, physiological function, abnormalities of the street running structure and its impact on life, and the materials to be submitted for the disability appraisal include:

Traffic accident certificate, admission record, discharge record, discharge summary, medical record, disability diagnosis certificate, etc.

4. The time for applying for appraisal is different: the application time for work-related injury appraisal is the expiration of the first period (after the injured person's condition is relatively stable), and the application can be made; The application for disability assessment is after the medical treatment has been terminated.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance? In any of the following circumstances, it shall be found to be a work-related injury:

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 or unaccounted for in an accident while away 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.

1. What is the difference between work-related injury and disability identification?

1. The difference between disability appraisal and work-related injury appraisal:

1) The applicants corresponding to the two are not the same, the disability appraisal can only be applied for by the injured person, while the work-related injury appraisal can be applied for by the employee himself, his or her close relatives or his or her employer, etc., which have been identified as work-related injuries;

2) The prerequisites for the identification of trace stools applied for by the two are not the same;

2. Legal basis: Article 20 of the Regulations on Work-related Injury Insurance.

The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

2. What is the difference between a complaint and an accusation?

1. The definition of Nianzhou is different.

"Appeal" refers to the act of citizens, legal persons, or other organizations that believe that the outcome of the handling of a certain issue is incorrect, and then appeal to the relevant organs of the state for reasons and request a new handling.

Accusation refers to the conduct of organs, groups, enterprises, public institutions, and individuals who disclose the facts of violations or crimes or criminal suspects to the judicial organs, and request that they be punished in accordance with law;

2. The purpose is not the same.

The purpose of the appeal is mainly to protect the lawful rights and interests of the parties themselves, and in addition to the purpose of protecting the lawful rights and interests of civil servants, the accusation also has the purpose of requiring the higher level organ or other specialized organ to punish the organ and its leaders who infringe upon their lawful rights and interests in accordance with the law;

3. The object is different.

The object of the appeal is the decision of the personnel handling organ, and the object of the complaint is the organ and its leaders who infringe upon the legitimate rights and interests of civil servants;

4. The scope is different.

The scope of the appeal is clearly stipulated in the law, mainly involving personnel relations, and there is no restriction on the content of the accusation against the organ and its leading personnel, and any violation of law and discipline by the organ and its leading personnel can be sued as long as the civil servant believes that the act infringes upon his or her legitimate rights and interests;

5. The procedure is different.

There are relatively complete procedures for review, appeal, and re-appeal of appeals, and there are hierarchical restrictions, and civil servants can only appeal according to the hierarchy, while accusations are not limited by levels.

Legal Analysis: Work-related injury appraisal refers to the act of appraisal of work-related injury matters by the labor ability appraisal committee at or above the city divided into districts on the basis of the work-related injury determination of the employee who applies for work-related injury recognition on the basis of his or her work-related injury being recognized as work-related injury, after the completion of his or her medical treatment or the expiration of the medical treatment period. The appraisal shall be carried out according to the injury of the "Disability Level of Work-related Injury and Occupational Disease of Employees in the Appraisal of Labor Ability", and then the corresponding work-related injury compensation shall be paid according to the level of work-related injury appraisal.

The appraisal of the level of disability refers to the appraisal of the degree of disability after injury, which is carried out in accordance with the "Classification of the Degree of Disability Caused by Bu Cong's Human Injury". It is generally used in civil tort cases, such as motor vehicle traffic accident disputes, disputes over the right to life, right to health, right to body, etc. According to the different levels of disability, claim the corresponding disability compensation, living expenses of dependents, medical expenses, lost work expenses, etc.

Article 14 of the Regulations of the People's Republic of China 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 in the workplace before or after working hours, engaging in preparatory or finishing work that is related to the work;

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 or unaccounted for in an accident while away 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.

1. The subject of the application for appraisal is different: before the work-related injury, the subject of the appraisal application is the employee himself, his close relatives, or the employer who has been identified as a work-related injury; The subject of the disability appraisal application can only be the injured person. 2. The prerequisites for applying for the identification of the blind code are different:

The premise of work-related injury appraisal is that the subject of work-related injury appraisal has obtained the employee's decision issued by the social insurance administrative department, that is, there is no work-related injury determination decision.

The main differences between work-related injury appraisal and disability appraisal are: first, the applicant is different, and the work-related injury appraisal is the employee himself, his close relatives, and the employing unit that have been identified as work-related injury; Disability assessment can only be made by the injured person. Second, the prerequisites for applying for appraisal are different, the premise of work-related injury appraisal is that the work-related injury determination decision issued by the social insurance administrative department has been obtained, and the premise of disability appraisal is to provide the traffic liability accident determination issued by the public security traffic police department.

Clause. 3. The basis, content and materials submitted for the application for appraisal are different, and the legal basis for work-related injury appraisal is the Regulations on Work-related Injury Insurance and the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees; The contents of the appraisal include: the termination period of medical treatment for work-related injuries, the confirmation of the period of suspension of work with pay, the degree of impairment of the ability to promote the service member, the degree of the obstacle to self-care, etc.; The materials to be submitted include: work-related injury determination decision, work-related injury medical related noisy materials (including personal information, work-related injury data, medical institution diagnosis data, etc.).

The legal basis for disability appraisal is the Assessment of Injuries of Persons Injured in Traffic Accidents; The content of the disability assessment includes: the mental state, physiological function and impact on the life of the injured person; The materials to be submitted include: traffic accident certificate, admission record, discharge record, discharge summary, medical record, disability diagnosis certificate, etc.

1. The applicants corresponding to the two are not the same, the disability appraisal can only be applied by the injured person, while the work-related injury appraisal can be applied for by the employee himself, a close relative or his or her employer, etc., who have been identified as having been injured at work;

2. The prerequisites for applying for appraisal are different, and the premise of disability appraisal is that the traffic accident liability determination of the traffic department needs to be provided; The premise of the application for work-related injury appraisal is that the work-related injury determination decision issued by the social insurance administrative department has been obtained;

3. The legal basis for the appraisal of the two is different, the relevant content and the application materials to be submitted are different, the legal basis for the appraisal of the disability is the Assessment of Injuries of Persons Injured in Traffic Accidents, and the legal basis for the appraisal of work-related injuries is the relevant provisions of the Regulations on Work-related Injury Insurance and the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees.

1. What are the items of compensation after work-related injury identification?

1. Medical expenses.

**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**. Catalogue of work-related injury insurance diagnosis and treatment items, catalogue of work-related injury insurance drugs, and work-related injury insurance hospitalization service standards.

2. ** fee.

At the time of compensation, if the party is not yet in good health and it is really necessary to continue, the expenses that must be incurred are determined on the basis of the medical certificate or appraisal conclusion, and the compensation may be made together with the medical expenses already incurred.

3. Food subsidy.

1) If the victim is really going to a foreign place** and cannot be hospitalized due to objective reasons, a reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.

2) In principle, the compensation period for food allowance is the period of hospitalization, that is, the food allowance is calculated according to the period of the victim's hospitalization, and the number of days is multiplied by the daily standard of the general staff of the local state agency to obtain the specific food allowance.

4. Transportation and accommodation expenses.

1) Transportation expenses for doctors' visits.

2) Regarding the use of private cars by the victim or his/her attendants.

1. The subject of the application for appraisal is different. The main body of the application for work-related injury appraisal is the employee himself, his close relatives, or the employing unit that has been identified as a work-related injury; The subject of the application for traffic accident disability appraisal can only be the injured person;

2. The prerequisites for applying for appraisal are different. The premise of work-related injury appraisal is that the work-related injury appraisal entity has obtained the employee's work-related injury determination decision issued by the social insurance administrative department, that is, if there is no work-related injury identification decision, the work-related injury appraisal committee will not accept the application of the work-related injury appraisal applicant; The premise of traffic accident disability appraisal is that the applicant needs to provide the traffic accident identification certificate issued by the public security traffic police department;

3. The basis, content and materials to be submitted for the application for appraisal are different. The laws and regulations on which work-related injury appraisal is based are the Regulations on Work-related Injury Insurance and the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees; The laws and regulations on which the disability appraisal of traffic accidents is based are the "Classification of the Degree of Disability Caused by Human Injury";

4. The time to apply for appraisal is not stupid. The application time for work-related injury appraisal is that after the expiration of the period, the injured person can apply after the condition is relatively stable; The application time for the traffic accident disability assessment is after the medical treatment is terminated.

Legal basis. Regulations of the People's Republic of China 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.