Is it a lawsuit for him to do a work related injury appraisal?

If a worker has an appraisal of his or her work-related injury, he or she is not suing the employer, and after his condition has been stabilized, he or she should have his or her disability appraised, which is a manifestation of his or her own responsibility.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Appraisal is only a statutory way to determine the degree of labor due to injury. It can provide a basis for the accusation! Accusations, there needs to be plaintiffs and defendants, and plaintiffs need to file lawsuits! FYI.

Legal analysis: After the determination of work-related injury and disability identification, if the employer and the injured person reach an agreement through consultation, or if the employer and the injured person accept the arbitration award, there is no need to file a lawsuit; If the employer is unwilling to compensate, or if the injured employee is injured, or if the employer refuses to accept the arbitration, it will also need to file a lawsuit and sue the court to protect its rights.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance 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 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, with the consent of the social insurance administrative department, the time limit for applying for a banquet may be appropriately extended.

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, his close relatives or the 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.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the determination of work-related injuries 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 determination of work-related injury 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 incurred during this period that comply with the provisions of these Regulations.

1. If you are not satisfied with the appraisal of work-related injuries, you cannot directly sue for it, and the correct approach should be to go through the bottom-up review procedure to ensure the fairness and reasonableness of the appraisal work.

1. If the injured employee is not satisfied with the conclusion of the disability level, the correct approach should be to go through the bottom-up review procedure to ensure the fairness and reasonableness of the appraisal work. That is, if the employee is not satisfied with the disability appraisal conclusion made by the Municipal Labor Appraisal Committee, he or she can apply to the Provincial Labor Commission for re-appraisal, and the appraisal conclusion made by the Provincial Labor Appraisal Committee is the final conclusion.

2. If the injured employee is not satisfied with the conclusion of the disability level, he or she cannot file an administrative lawsuit for the following reasons:

First, the Administrative Reconsideration Measures clearly stipulate that this situation does not fall within the scope of administrative reconsideration, so it is natural that administrative litigation cannot be initiated. After the promulgation of the Administrative Litigation Law of the People's Republic of China, the Ministry of Labor and Social Security issued the Measures for Administrative Reconsideration of Labor and Social Security on November 23, 1999, which stipulates that citizens, legal persons or other organizations that are dissatisfied with the conclusion of the appraisal of the disability grade made by the labor appraisal committee cannot apply for administrative reconsideration (see Article 5).

That is to say, there is no legal basis for citizens or legal persons to file legal proceedings or for the court to accept cases if they are not satisfied with the level of labor ability appraisal.

Second, from the perspective of the organization and nature of the work of the labor appraisal committee, it is not a specific administrative act. Therefore, the appraisal of disability grades is carried out in accordance with the national disability assessment standards, and the labor appraisal committee is a fictitious institution that coordinates the cooperation of labor, health and trade union departments and supports this cause, and the work of the labor appraisal office is specifically organized and implemented. The identification of the level of disability and the degree of dependence on nursing care is a technical conclusion made by the medical expert group based on the injury of the injured employee, and it is to a large extent a technical and career work, not a specific administrative act.

If an employee is injured in an accident or is diagnosed or appraised as an occupational residual illness in accordance with the provisions of the Law on the Prevention and Control 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 labor and social security 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 labor and social security administrative department (the matters that shall be determined by the provincial labor and social security administrative department at the basic level shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality). If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements during this period).

Legal Analysis: No.

1. The current "Regulations on Work-related Injury Insurance" and the "Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work" do not lack such clear time provisions on the appraisal of labor ability (appraisal of work-related injury and disability grades).

2. Employees injured at work can apply for labor ability appraisal and appraisal of work-related injury level after the injury is stable. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).

Legal basis: 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 appraised for his or her ability to work.

The work-related injury appraisal is done after the staff is treated in a medical institution**, that is, after the injury is healed. According to 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 assessed for his or her ability to work.

1. In the following cases, supporting materials are also required for the appraisal of work-related injuries.

1) If you are injured in a traffic accident on the way to and from work that is not your primary responsibility, you shall submit valid proof such as the work and rest schedule of the employer, the route map of the employer to the place of residence and commuting, and the traffic accident liability determination letter of the public security organ and other statutory departments.

2) If you are injured due to work reasons during your work-related trip, you must submit the original proof materials such as work dispatch orders and business trip orders, among which: if you are injured by a traffic accident, you must also submit the traffic accident certificate of the public security organ where the accident occurred; In the event of an accident where the whereabouts are unknown, a judgment document declaring the death by the people's court must also be submitted; In case of other accidents, relevant supporting materials must also be submitted.

3) If you are injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours, you must submit a work schedule and supporting materials related to the preparatory or finishing work.

4) If the injured employee is violently injured due to the performance of his or her work duties, he or she shall submit proof of the injured employee's job duties or duties, as well as relevant supporting documents and materials of the public security organ or the people's court.

5) During working hours and at work, if you die of sudden illness or die within 48 hours after rescue fails, you must submit the rescue and death records of the medical institution and the death certificate of the public security organ.

6) Those who are harmed in activities to safeguard the national and public interests, such as emergency rescue and disaster relief, shall submit relevant certificates issued by the people's civil affairs departments and public security organs at or above the county level.

7) If the demobilized serviceman who is disabled in the line of duty or because of the war has an old injury**, he or she shall submit the "Revolutionary Disabled Soldier Certificate" and the diagnosis certificate of the old injury ** from the agreed medical institution.

8) For dispatched and seconded personnel, the agreement of the two employers and the investigation materials of the actual employer on the accident shall be submitted by the unit where the labor relationship is located.

9) If the employee submits an application for work-related injury identification, he or she shall submit a valid proof of the relationship between the employee and the employee.

10) In other special circumstances, submit materials that can prove the situation.

2. Precautions for submitting materials for work-related injury appraisal.

1. The submitted photocopies and supporting materials should be made of A4 size paper, and the copies should be accompanied by the original for verification.

2. If the employee does not have a valid proof of labor or employment contract or other factual labor and personnel relations, he or she shall first apply to the local labor dispute arbitration commission (labor arbitration department) for labor relations arbitration.

After the work-related injury is determined and the disability is appraised, if the employer and the work-injured person reach an agreement, or if the employer and the work-injured person accept the arbitration award, there is no need to file a lawsuit. If the employer is unwilling to compensate, or if the injured employee is injured, or if the employer refuses to accept the arbitration, it will also need to file a lawsuit and sue the court to protect its rights. Article 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may resolve it through negotiation. The principles apply to both arbitration and litigation proceedings.

Article 79 After a labor dispute arises, the parties concerned may apply to the labor dispute mediation committee of their unit for mediation; If mediation fails and one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If they are not satisfied with the arbitral award, they may file a lawsuit with the People's Law Compensation Court.

Article 83 If a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement. Article 55 of the Regulations on Work-related Injury Insurance In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law

1) The employee applying for a work-related injury determination, his close relatives, or the worker's unit is dissatisfied with the decision not to accept the application for work-related injury determination; (2) The employee applying for a work-related injury determination, his or her close relatives, or the worker's unit is not satisfied with the work-related injury determination; (3) The employer is not satisfied with the unit payment rate determined by the handling agency; (4) The medical institution or assistive device allocation institution that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions; (5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.