Can a disability that has not been recognized as a work related injury be evaluated?

1.No. According to Article 23 of the Regulations on Work-related Injury Insurance, the employer, the injured employee or his/her close relatives shall submit an application to the Labor Ability Appraisal Committee of the city divided into districts, and provide relevant information on the determination of work-related injury and the medical treatment of the work-related injury.

2.The determination of work-related injury is a prerequisite for the appraisal of work-related injury and disability, and if there is no work-related injury determination, the Labor Competence Appraisal Committee will not accept your application for appraisal.

3.If you don't understand anything, you can ask or call 12333 directly to consult the local labor department!

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

If there is no work-related injury identification, the Labor Ability Appraisal Committee will not identify you according to the work-related injury appraisal standards. If no work-related injury is identified, it will only be accepted if the handling department (unit, arbitration, court, letter-or-visit, etc.) entrusts the labor ability appraisal committee to appraise according to the work-related injury appraisal standards.

If it is confirmed that there is an employment relationship or a de facto employment relationship, you can apply to the local human resources and social security bureau for a determination of work-related injury within one year after the injury with the arbitration document. After the identification, the injury is relatively stable or the first end of the work-related injury disability rating assessment. After the grade is evaluated, the employee shall enjoy the work-related injury insurance benefits according to the grade, which shall be paid by the unit, and if the unit does not pay, the employer shall apply for labor arbitration.

If the labor arbitration determines that there is no employment relationship or de facto employment relationship between you and the employer, you may file a lawsuit with the court where the employer is located with the arbitration letter to claim compensation for personal injury.

Determination of work-related injuries Disputes] Article 6 of the Reply of the General Office of the Ministry of Labor on Several Policy Issues Concerning the Handling of Labor Dispute Cases (Lao Ban Fa No. 1994 No. 322) stipulates that the determination of work-related injuries is the authority of the labor administrative department, and if the injured employee is declared to the local labor department for work-related injury confirmation, and the labor administrative department confirms that it is a work-related injury, and the enterprise does not give work-related injury treatment in accordance with the relevant provisions of the state, the employee may apply for arbitration, and the arbitration authority shall file the case for acceptance; If the injured employee reasonably requests the enterprise to report to the local labor department for confirmation of work-related injury, but the employer fails to report to the labor department, the arbitration commission shall accept the labor dispute and entrust the labor administrative department to confirm the work-related injury in accordance with the relevant provisions of the Rules for Handling Cases of the Labor Dispute Arbitration Commission, and then handle it in accordance with the law.

If the company is easy to talk to, it can negotiate with the company whether to recognize the appraisal it has made, and if the company does not agree, it can only be determined by the work-related injury, and then the labor ability appraisal committee will conduct the labor ability appraisal to determine the grade, and get compensation through arbitration.

OK. But you can't just go as a work-related injury, you can only go as a general personal injury.

Just apply to the labor bureau.

If there is a work-related injury certificate that does not determine the disability level, it is equivalent to the work-related injury appraisal that the disability level has not been assessed, and it only does not affect the ability to work, and there is no medical dependence and self-care obstacles, but only enjoy the treatment of work-related injury medical treatment and the period of suspension with pay.

1. Assessment. 1. Employees who are disabled due to work-related injuries should bring the following materials to the local social security agency to apply for disability rating after the end of medical treatment: "Work-related Injury Certificate" (or work-related injury certificate issued by the unit); Original ID card; Relevant work-related injury diagnosis data (including:

Hospital diagnosis certificate, discharge summary, X-ray, CT and other test materials) to the local social insurance agency to apply for labor ability appraisal, social security agency review the relevant information, issue a labor ability appraisal "letter of introduction" to the applicant.

2. Identification standards for first-class work-related injuries and occupational diseases.

One of the following 12 conditions can be recognized as a first-class work-related injury or occupational disease;

1) Extremely severe mental retardation;

2) Severe facial disfigurement, accompanied by filial piety or one of the second-degree disabilities in Table B2;

3) Those who have no light perception in both eyes or only light perception but are not accurate in light positioning;

4) Quadriplegia muscle strength 3 poles or triplegic muscle strength level 2;

5) severe movement impairment (non-limb paralysis);

6) Severe scarring of the whole body, partial loss of function of the spine and major joints of the limbs;

7) Absence or complete loss of function above both elbow joints;

8) Loss of high position of both lower limbs and high loss of one upper limb;

9) Scar deformity and loss of function of both lower and upper limbs;

10) More than 90% of the small intestine is resected;

11) orthotopic liver transplantation after hepatic segmentation;

12) Uremia stage of renal insufficiency after bilateral nephrectomy or solitary nephrectomy, maintenance with dialysis or allogeneic kidney transplantation.

2. Identification standards for second-level work-related injuries and occupational diseases.

One of the following situations can be recognized as a second-degree work-related injury or occupational disease.

1) severe mental retardation;

2) Lack of self-care ability due to psychotic symptoms;

3) With or without light perception in one eye, corrected visual acuity in the other eye <=, or visual field <=8% (radius<=5 ();

4) complete bilateral maxillary defects;

5) complete bilateral mandibular defects;

6) Complete defects of one side of the maxilla and the opposite side of the mandible, accompanied by a facial soft tissue defect of 30 square centimeters.

7) Dyspnea at rest or with only slight activity;

8) Grade 3 muscle strength of triplegia or grade 2 of paraplegia and hemiplegia;

9) Bilateral forearm absence or complete loss of function of both hands;

10) Loss of both lower limb high positions;

Legal analysis: If the work-related injury appraisal is not rated as a disability grade, it does not affect the ability to work, and there is no medical dependence and self-care obstacles, but only enjoys the treatment of medical limbs for work-related injuries and the period of suspension of work with pay.

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

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; If they are hungry and repentant, and lose their ability to work after being assessed for their ability to work, they shall enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Work-related injury appraisal standard level 10 compensation: The main compensation has been identified as work-related injury level 10 disability: medical expenses, one-time disability allowance (7 months' salary), one-time employment allowance (determined according to the work-related injury regulations of your province, received when the labor relationship is terminated).

Article 23 of the Regulations on Work-related Injury Insurance 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 work 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 professional sedan chair and home bank established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the appraisal conclusion of the labor ability of the injured employees according to 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. "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability GB-T16180-2014" Comprehensive Judgment The degree of disability is comprehensively determined and graded according to the degree of organ damage, dysfunction and dependence on medical treatment and daily life care of the disabled person at the time of the technical appraisal of the disability level of disability, and the influence of psychosocial factors caused by disability is appropriately considered.

Appendix A shows the criteria for determining the disability caused by various types of work-related injuries and occupational diseases. Appendix B provides instructions for the proper use of this standard.

No, the determination of work-related injury and disability appraisal are actually the same thing, and the party concerned did not carry out the work-related injury determination, that is, gave up the disability appraisal. When dealing with work-related accidents, it is generally necessary to first identify the work-related injury and confirm that the employee falls within the scope of work-related injury, and then the actual assessment of the disability level will be carried out, and then the injured worker will be compensated based on the results of this evaluation. Legal basis:

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 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 determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or trade union organization may 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 within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for recognition of work-related injuries within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that comply with the provisions of these Regulations during this period. Article 21 Where 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.

1. According to the regulations, if there is no application for work-related injury recognition for more than one year, the work-related injury identification department will no longer be blinded;

2. Without applying for work-related injury identification, it is not possible to conduct labor ability appraisal;

3. If the unit is willing to compensate according to the work-related injury treatment, it can refer to the work-related injury appraisal standard to determine the level and calculate the relevant compensation amount.

1. How long does it take for the work-related injury certificate to come out?

The decision on the determination of work-related injury is made within 60 days, so the certificate of remorse and injury can generally be issued within 60 days.

The district and county labor and social security administrative departments shall make a decision on the determination of work-related injuries within 60 days from the date of acceptance of the application for work-related injury determination, and within 10 working days, send the work-related injury determination decision to the employee applying for work-related injury determination or his immediate family members and the employee's unit, and at the same time inform the application procedures for labor ability appraisal.

According to the relevant provisions of the Regulations on Work-related Injury Insurance, the employer shall report to the labor and social security administrative department of the district within 30 days from the date of occurrence of the accident injury or the date of diagnosis of occupational disease. If the employer fails to make the declaration in accordance with the regulations, the injured employee, his relatives or the trade union organization may also directly apply to the labor department for recognition of the work-related injury within one year.

Article 1 of the Regulations on Work-related Injury Insurance specifically lists 10 situations in which an employee is recognized as a work-related injury, and as long as one of them is met, it will be recognized as a work-related injury.

In addition, the "Regulations on Work-related Injury Insurance" stipulates that if an employee commits a crime, violates the administration of public security, or causes ** due to drunkenness, or self-harm or suicide, it shall not be recognized as a work-related injury or treated as a work-related injury.

2. Is there a statute of limitations for applying for work-related injury determination?

1. 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 be within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease;

2. 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/her repentant and upright family members or trade union organizations shall be injured within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Where sufficient materials are not submitted for the determination of work-related injuries, and at the same time, the administrative organ fails to make corrections within the prescribed time after the administrative organ issues the notice of supplementation and correction, the work-related injury determination organ should not accept it.

If the determination of work-related injury exceeds the statute of limitations, the work-related injury determination authority may reject the application and not accept it, except for special reasons (specifically referring to the confirmation of the labor relationship, medical treatment has not yet been terminated, etc.).

If the injured person, the injured person's family member, or the employer is not satisfied with the decision to disapprove the work-related injury determination applied for, it may file an administrative reconsideration with the local people** or the human resources and social security administrative department at a higher level within 60 days, or directly file a lawsuit with the local people's court within 90 days.