Questions related to the appraisal of labor ability

1.The application for work-related injury needs to be made to the labor administrative department where the employer is located, that is, the Human Resources and Social Security Bureau.

2.After the work-related injury is identified, after the injury is stabilized, it is necessary to apply for disability appraisal to the Municipal Labor Ability Appraisal Committee.

3.The worker's testimony is not enough to prevent you from applying for a work-related injury determination, and the work-related injury determination does not say that there is a problem of illegal operation, but only that self-harm is not allowed.

4.It is true that the work ability assessment can only be carried out after the injury is relatively stable. No matter what your judicial appraisal is, you need to go to the Municipal Labor Ability Appraisal Committee to apply for an appraisal.

legal basis; 1.Article 17 of the Regulations on Work-related Injury Insurance 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 Treatment of Occupational Diseases, the unit to which he or she 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 or his close relatives or 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 social insurance administrative department of the coordinating area where the employer is located.

2.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 evaluated for his or her ability to work.

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.

3.Article 14 of the Regulations on Work-related Injury Insurance 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;

A lot of things are not clear, at first you meant the determination of work-related injuries, and later it involved the disability of personal injury rather than work-related injury disability, and the subject of identification is different.

You can send me a private message for details.

You're asking about workers' compensation, right?

I feel like you should go and file for a work-related injury first.

Then go to the work ability appraisal to apply for the disability level.

Judicial appraisal and labor ability appraisal are different concepts. If you are not satisfied with the labor ability appraisal, you will also have the opportunity to re-appraise it with your superior.

Frequently Asked Questions on Work-related Injury Capacity Identification:

1. When will the work-related injury labor ability appraisal be done?

2. What materials are required for labor ability appraisal?

3. How many levels are there for labor ability appraisal?

4. Who will pay the labor ability appraisal fee for work-related injuries?

Frequently Asked Questions on Work-related Injury Labor Ability Identification.

Frequently Asked Questions on Work-related Injury Capacity Identification:

1. When will the work-related injury labor ability appraisal be done?

2. What materials are required for labor ability appraisal?

3. How many levels are there for labor ability appraisal?

4. Who will pay the labor ability appraisal fee for work-related injuries?

What are the requirements for labor ability appraisal?

The materials submitted by the application for labor ability appraisal do not differ depending on the subject of the application. The materials to be provided mainly include: work-related injury determination decision (or work-related injury certificate), work-related injury diagnosis certificate, and information (including relevant radioactive materials) recorded by the hospital about the illness, medical records, and ** conditions of the injured employee.

What are the regulations on the time of labor ability appraisal?

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 appraisal of labor ability shall be promptly sent to the unit applying for appraisal and the individual brother.

What is the difference between the labor ability appraisal and the disability appraisal?

Labor ability appraisal and disability appraisal are not the same, the difference between the two is:

1. The time and organ of the appraisal are different.

The appraisal of labor ability shall be submitted to the labor department by the worker or his family or unit; Traffic accident disability assessment is generally carried out by the public security organ or by the parties concerned to submit an application for appraisal to the court or to a third-party qualified institution.

2. The standard basis is different.

In addition to the "Labor Ability Appraisal - Classification of Disability Caused by Work-related Injuries and Occupational Diseases" for work-related injuries, there are also "Appraisal Standards for the Degree of Disability of Employees Non-work-related Injuries or Loss of Working Ability Due to Illness" for non-work-related injuries. In road traffic accidents, the disability assessment is based on the standard of "Road Traffic Accident Injured Disability Assessment GB18667-2002", which is a mandatory national standard, which is the basis of the document. The medical or physiological basis for the development of these standards is also different.

3. The purpose of use is different.

The purpose of the labor ability appraisal is to obtain the corresponding work-related injury benefits; Disability assessment conclusions are mostly used to determine civil compensation or civil liability attached to criminal cases.

What are the conditions for the application of the labor ability appraisal entity?

The employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee at the districted city level.

Legal analysis: The work-related injury and disability assessment is a comprehensive assessment conducted by the Labor Ability Appraisal Committee according to the location of the employee's injury and the degree of injury, and the appraisal condition is that the work-related injury can only be done after the work-related injury has been identified by the social security department.

Legal basis: Regulations on Work-related Injury Insurance of Zheng Hunger

Article 21 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, 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 disabilities:

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.

Where the ability to work is affected, an appraisal of the ability to work shall be conducted. If an employee is in a relatively stable state during the medical treatment period for a work-related injury, or is still unable to work after the expiration of the medical treatment period, he or she shall conduct a labor ability appraisal, assess the level of disability and regularly review the condition of the injured and disabled branches. Criteria for Identification of Work-related Injuries:

Labor appraisal committees at all levels shall, in accordance with the standards for the evaluation of the degree of disability caused by work-related injuries and occupational diseases, conduct a grading appraisal of the degree of inability to work and the degree of dependence on care of employees who are injured or suffer from occupational diseases due to work-related injuries. Those who meet the disability assessment criteria for grades 1 to 4 are completely incapacitated; Grades 5 to 6 are mostly incapacitated for work; Grades 7 to 10 are partial incapacity. The determination of disability benefits and the placement of injured workers are mainly based on the assessed disability level.

Legal basis: Article 21 of the Regulations on Work-related Injury Insurance stipulates that 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.