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1. If the application materials are reviewed by the Office of the Municipal Labor Ability Appraisal Committee, and the materials reported by the applicant meet the conditions for labor ability appraisal (confirmation), the "Notice of Acceptance of Labor Ability Appraisal and Confirmation of Work-related Injured Employees" shall be issued, and if the materials provided by the applicant are incomplete, the "Notice of Labor Ability Appraisal, Confirmation and Correction of Materials" shall be issued on the spot or within 10 working days.
2. From the date of issuance of the acceptance notice, the conclusion of the labor ability appraisal shall be made within 60 days, and if the injury is complex and involves many medical and health specialties, the time limit for appraisal work may be appropriately extended, but the extension time limit shall not exceed 30 days.
3. The Notice of Conclusion of Labor Ability Appraisal (Confirmation) of Work-injured Employees shall be delivered to the injured employees (or their immediate family members) and the employer respectively within 20 working days from the date of issuance.
4. If you are not satisfied with the conclusion of the initial labor ability appraisal made by the Municipal Labor Ability Appraisal Committee, you may apply to the Provincial Labor Ability Appraisal Committee for re-appraisal within 15 days after receiving the conclusion.
5. One year after the conclusion of the labor ability appraisal, if the injured employee or his immediate family members, his or her unit or the handling agency believes that the disability situation has changed, he or she may apply for the labor ability review and appraisal.
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Go to the Labor Ability Appraisal Committee to apply, and they will organize the appraisal.
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It seems that the labor bureau has set up a special work-related injury appraisal agency, and I went there last year.
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Legal Analysis: An application should be made to the local labor ability appraisal committee for the determination of repentance for work-related injury appraisal. The appraisal committee of work-related injury and disability shall be responsible for the appraisal of work ability, the appraisal committee of labor ability at the level of cities divided into districts shall be responsible for the initial appraisal and re-examination and appraisal, and the provincial appraisal committee shall be responsible for the re-appraisal.
Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" 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, he or she shall be evaluated for his or her ability to work.
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Legal Analysis: The appraisal of work-related injuries is an act in which the labor ability appraisal committee at or above a city divided into districts conducts an appraisal of matters related to work-related injuries on the basis that an employee applying for work-related injury appraisal is identified as a work-related injury and after the completion of his or her medical treatment or the expiration of the medical treatment period. The scope of work-related injury appraisal includes:
Labor ability appraisal, suspension of pay period appraisal and confirmation, nursing level appraisal, disability assistive device configuration appraisal, etc.
Legal basis: Article 23 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that the employer shall apply for the labor ability appraisal by the employing unit, the injured employee or his close relatives to the labor ability appraisal committee of the city divided into districts, and provide the relevant information on the work-related injury determination decision and the work-related injury medical treatment of the employee.
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After the work-related injury is identified, it is necessary to apply for the labor ability appraisal at the work-related injury identification department of the Human Resources and Social Security Bureau.
Work-related injury appraisal refers to the act of having an employee applying for work-related injury appraisal appraise an appraisal of work-related injuries on the basis of the completion of his or her medical treatment or the expiration of his or her medical treatment period, and the labor ability appraisal committee of the city divided into districts to conduct an appraisal of his or her work-related injuries. The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of disability assistive devices, etc.
Procedures for Identification of Work-related Injuries:
1.Employees who are disabled due to work-related injuries should bring their materials to the local social security agency to apply for disability rating after the end of medical treatment;
2.The appraiser shall bring the diagnosis certificate of injury, illness and disability issued by the medical institution, such as: medical records, discharge certificates, CT films, laboratory test sheets, electrocardiograms and other relevant diagnostic materials and the "Employee Injury, Sickness and Disability Labor Appraisal Approval Form" on a weekly basis.
One, two, three, and five to do the identification.
3.After the appraisal office confirms the materials carried by the appraiser, the appraisal office shall pay an appraisal fee of 200 yuan. If the materials are incomplete, we will make a diagnosis and then identify them.
4.The appraisal office holds a regular appraisal meeting every Thursday to make a grade or conclusion and announce it.
5.15 days after the date of receipt and registration of the appraisal materials, the labor and management personnel of the unit shall come to collect the appraisal results and all the materials received.
How to deal with work-related deaths:
1. Immediately fill in the work-related injury death report to the local work-related injury insurance management agency and submit it to the work-related injury identification. In the event of a fatal accident, the labor inspection, safety management, and public security inspection committees will intervene in the investigation, determine responsibility, and carry out follow-up procedures after the work-related injury is identified.
2. The employer must have purchased work-related injury insurance for the employees of Sakura, and the labor department will accept the work-related injury identification, and if the conditions are met, the work-related injury insurance will pay a one-time fee. If you do not have work-related injury insurance, all expenses will be borne by the employer.
3. If the employer does not purchase work-related injury insurance for the employee, the employer may negotiate with the family of the deceased, and may refer to the provisions on personal injury compensation. In general, personal injury compensation is higher than a lump sum benefit for work-related death.
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 Control 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.
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Legal analysis: The department for the appraisal of work-related injuries and disabilities is the districted city-level labor ability and branch appraisal committee. 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 may extend it by 30 days if necessary.
The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level.
Legal basis: "Regulations on Work-related Injury Insurance" Article 25 After receiving the application for labor ability appraisal, the labor ability appraisal committee of the city divided into districts and transport cities shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward the appraisal opinions. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of 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.
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