How to conduct a work related injury appraisal and how to conduct a work related injury appraisal

Labor appraisal committees at all levels shall, in accordance with the national standards for the appraisal of the degree of disability caused by work-related injuries and occupational diseases (national standard GB T16180 1996) (hereinafter referred to as the disability evaluation standards), conduct a grading appraisal of the degree of loss of working ability and the degree of nursing dependence 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; 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.

This is a negotiated solution.

There is no fixed amount of compensation for any level of injury.

Professionals do it all from a single source.

Legal analysis: First of all, you need to go to the labor ability appraisal committee for appraisal. Work-related injury appraisal refers to the act of assigning an appraisal committee at or above the districted city level to conduct an appraisal of work-related injuries on matters related to work-related injuries on the basis that an employee applying for work-dust bruise appraisal is recognized as a work-related injury, and after the completion of his or her medical treatment or the expiration of his medical treatment.

The Regulations on Work-related Injury Insurance stipulate that work-related injuries include injuries made in the course of work, suffering from occupational diseases, etc. Legal basis: 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; (3) Suffering from violence or other accidental injuries during working hours and in the workplace due to lack of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Generally, the work-related injury has been determined to be completed, and the injury has been terminated or the injury is relatively stable. Where there is a disability that affects the ability to work, the injured employee may have his or her ability to work evaluated. There are 10 levels of disability, with Level 1 being the most severe and Level 10 being the lightest.

The applicant for the assessment of Lao Lu's ability to move may be the employer, the injured employee or his or her immediate family members. The accepting agency is the labor ability appraisal committee of the city divided into districts. When applying for evaluation, relevant materials shall be provided for the work-related injury determination decision and work-related injury medical treatment.

The conclusion of the appraisal of labor ability shall be made within 60 days, and if the applicant is not satisfied, he may submit another application to the provincial labor ability appraisal committee within 15 days, and the appraisal conclusion made by the provincial labor ability appraisal committee shall be final.

Legal basis] According to Article 5 of the Regulations on Work-related Injury Insurance, the social insurance administrative department is responsible for the work-related injury insurance work nationwide. The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas.

1. What are the steps for the identification of labor injury 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" every week.

One, two, three, and five to do the identification.

3. After the appraisal office confirms the materials carried by the appraiser by the experts, it 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 shall hold a regular appraisal meeting every Thursday to make a grade or conclusion and announce it.

5. 15 days after the date of acceptance and registration of the appraisal materials, the labor and management personnel of the unit will come to collect the appraisal results and all the materials received.

2. What should I do if the employer delays in reporting the work-related injury.

Due to the employer's deliberate delay in reporting the work-related injury, the employee exceeds the statute of limitations for applying for work-related injury recognition and cannot be recognized as work-related injury. On the basis of ascertaining the facts and in accordance with relevant laws and regulations, the court ordered the employer to compensate the employee for the work-related injury benefits to which he or she was entitled.

The right to claim for work-related injury insurance and the right to claim civil compensation are two different claims, and no laws or regulations have substantively denied the right to claim civil compensation for work-related injuries.

Work-related injury appraisal process: 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; The Labor Ability Appraisal Committee establishes a database of medical and health experts; 3 or 5 relevant experts are randomly selected from the database of medical and health experts established by the company to form an expert group; According to the appraisal opinion of the expert group, the appraisal conclusion of the working ability of the injured employee shall be made.

[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, an appraisal of his or her ability to work shall be conducted.

Article 23.

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, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.

Legal analysis: 1. 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. 2. The employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant information on the work-related injury determination decision and the employee's work-related injury medical treatment.

3. The labor ability appraisal committee at the level of a city divided into districts 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. 4. If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee or the committee of the city divided into districts, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.

5. One year after the conclusion of the labor ability appraisal is made, if the injured employee or his immediate family member, the unit or the handling agency believes that the disability has changed, he or she may apply for the review and appraisal of the working ability.

Legal basis: Regulations on Work-related Injury Insurance

Article 23 The employer, the injured worker or his or her immediate family members shall submit an application to the Municipal Labor Ability Appraisal Committee for the Appraisal of Labor Ability in the Municipality where the Tenant and Starvation Area is located, and provide the relevant materials on the determination of the 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 expert database established by it to form an expert group, and the expert group shall submit an appraisal opinion. 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; If necessary, the time limit for making a conclusion on the appraisal of working capacity 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.

After a work-related injury occurs, it is necessary to conduct a disability appraisal in a timely manner. However, the work-related injury and disability appraisal is not initiated by the relevant departments, and the work-related injury worker needs to take the initiative to apply before it can be started, and the process of applying for work-related injury and disability appraisal is mainly in the following aspects:

Clause. 1. Submit the application. After the work-related injury is stabilized, if it is found that there is a disability that affects the labor force, the injured worker or his employer may submit an application for labor ability appraisal to the municipal labor ability appraisal committee and submit an application.

Clause. 2. Submit the "Decision on Determination of Work-related Injury", complete medical records and other materials.

Clause. 3. Review by the Labor Ability Appraisal Committee. If the materials are complete, the appraisal committee will make a conclusion within 60 working days. If the materials are incomplete, the Labor Ability Appraisal Committee shall, within 5 working days from the date of receipt of the application for labor ability appraisal, notify the applicant in writing of all the materials to be supplemented and corrected at one time.

Clause. Fourth, experts to appraise. Depending on the severity of the injury, the Labor Ability Appraisal Committee shall randomly select 3 experts from the expert database of medical and health organizations, or 5 experts from departments related to the injury of the injured worker, to form an expert group for evaluation.

Clause. 5. Issue appraisal conclusions. After the appraisal conclusion is made, the labor ability appraisal conclusion will be sent to the injured employee and the employer in a timely manner within 20 days, and a copy will be sent to the social insurance agency.

The above is my answer to this question, I hope it helps you, thank you.

The work-related injury appraisal is generally entrusted (designated) by the Work-related Injury Department of the Social Security Bureau to the surrounding hospitals for appraisal.

Of course, we can also refer to some definitions in the work-related injury manual. It mainly affects the extent of work and life in the future, the level is from 10 to 1, and the degree of injury is getting more and more serious.

First report the work-related injury to the work-related injury identification department of the local human resources and social security bureau. After the identification is completed, the work-related injury level can be assessed by the Labor Ability Appraisal Committee.

Work-related injury appraisal is an application by the party or its related personnel to a professional institution for appraisal.

The process of identification of work-related injuries is as follows:

1. Submit an application for appraisal.

2. Submit the following information:

1. Submit a copy of the work-related injury confirmation letter or a work-related injury appraisal power of attorney issued by the work-related injury identification agency.

2. Fill in and submit a copy of the "Appraisal Form for Employees' Inability to Work Due to Work-related Injuries".

3. Submit a copy of the "Clinical Physical Examination and Diagnosis Form for the Medical Termination of Work-related Injured Employees" filled in by the doctor of the designated hospital and attach various examination reports of the hospital.

4. A copy of all medical records, medical examination reports, diagnosis certificates and other materials of the employee's work-related injury, and a copy of the ID card.

5. Patients with occupational diseases should provide the conclusion of occupational disease diagnosis issued by the occupational disease diagnosis team of the Municipal Center for Disease Control.

3. Pay the relevant fees.

Fourth, the issuance of appraisal results.

Whether you are a work-related injury determination or an appraisal.

If a work-related injury occurs at work, apply to the Human Resources and Social Security Bureau for work-related injury recognition.

If there is a disability, ** after stabilization, apply to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau for disability level appraisal.

To enjoy work-related injury benefits in accordance with the law, the regulations on work-related injury insurance are very specific, and you can check it yourself.