Assessment of disability, how to assess the degree of disability

If an employee is assessed as a Grade 7 to Grade 10 disability due to work-related disability, it shall be in accordance with Article 35 of the Regulations.

The provision is provided for a lump sum disability benefit to be paid by the work-related injury insurance**.

If the labor contract is terminated upon expiration or the employee proposes to terminate the labor contract, the employer shall pay a one-time medical treatment for the work-related injury.

Grants and Disability Employment Grants. The standard of one-time medical subsidy for work-related injuries: Grade 7 disability is the previous year in the overall planning area.

14 months of the average monthly salary of employees, 12 months for grade 8 disability, 10 months for grade 9 disability, and grade 10 for grade 10 injury.

8 months for disability; The standard of one-time disability employment subsidy: Level 7 disability is the monthly average of employees in the overall area in the previous year.

20 months of salary, 16 months for grade 8 disability, 12 months for grade 9 disability, and 8 months for grade 10 disability.

Apply for disability appraisal at a professional disability appraisal agency, and the appraisal results will prevail.

The process of determining the level of disability is as follows: first, the party concerned should apply for a work-related injury determination and obtain a work-related injury certificate; The parties concerned should bring the relevant materials to the local social security agency to apply for disability level appraisal; It is necessary to receive the appraisal materials after 15 days, and if the parties are not satisfied with the appraisal results, they may apply to the appraisal agency at the next higher level for a re-examination.

Classification of disability appraisal grades: There are a total of 10 levels of disability, and the disability level is divided into 10 according to the labor dysfunction, the most serious is level 1, and the lightest level is level 10. Grades 1 to 4 are total incapacity, grades 5 to 6 are mostly incapacitated, and grades 7 to 10 are partial incapacity.

What materials are required for the identification of injuries that have been beaten?

1. The assessee shall bring the application for disability assessment stamped with the official seal of the case-handling unit and signed by the case-handling person;

2. Carry the diagnosis confirmation of the hospital at or above the county level, the examination results, and the CT, X-ray and diagnostic report at the beginning and after the end of the injury;

3. Borrow relevant surgical medical records and examination records from ** hospital;

4. When assessing the working ability of the dependents, the ID card and household registration certificate of the assessor should also be brought and the explanation of the relevant departments;

5. The assessor needs to be inspected in person and pay the prescribed assessment fee.

Legal basis

Regulations on Work-related Injury Insurance

Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder. Labor dysfunction is divided into 10 levels of disability, 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 labor ability appraisal standards shall be formulated by the administrative department of social insurance in conjunction with the administrative department of health and other departments.

Legal Analysis: The disability assessment standard is based on the severity of the disability to determine the level of disability, which is divided into level 1 to 10 disability. There is no uniform standard for assessing disability. Different criteria for disability appraisal apply to different subjects and disability caused by different causes.

Legal basis: Article 4 of the "Classification of the Degree of Disability Caused by Human Injury" should be based on the consequences or outcomes of the injury, objectively evaluate the degree of tissue and organ loss and/or dysfunction, scientifically analyze the causal relationship between the injury and the disability, and conduct the appraisal in a realistic manner.

If the injured person meets two or more levels of disability, the evaluation opinion shall indicate the level of disability in each place.

Identification should be made after the primary injury and its associated complications** have been terminated or the clinical response has stabilized.

When an injury coexists with a pre-existing injury or illness, the causal relationship between the injury and the consequences of the disability should be analyzed. The different forms of causality can be expressed in order according to the force of the injury in the disability consequence: complete action, primary action, equal effect, secondary effect, slight effect, and no effect.

Except for the "ineffectual" injury, the degree of disability should be assessed according to the actual disability, and the causal relationship between the injury and the consequences of the disability should be explained; Where it is determined that the injury is "ineffective", an evaluation of the degree of disability should not be conducted.

This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate. The basis for the classification of disability is shown in Appendix A.

The disability assessment standard is based on the degree of organ damage and dysfunction of the disabled person and their dependence on medical treatment and daily life care at the time of the technical appraisal of the disability level, and due consideration of the influence of psychosocial factors caused by the disability, to comprehensively determine and grade the degree of disability. The criteria for assessing disability are different for each type of disability.

Legal basisThe full text of "Labor Ability Appraisal Disability Levels of Work-related Injuries and Occupational Diseases of Employees (GB T 16180 2014)".

Full text of the criteria for the identification of the degree of human injury.