The level of disability identification is not used as a reference for work related injury identifica

Hello, he fully protects the rights and interests of workers, if the employer pays the work-related injury insurance normally, but also reduces the economic loss of the work-related accident for the enterprise, unlike the traffic accident, the work-related accident, there is a suspension of work, there is a one-time employment subsidy and other compensation related to labor and labor ability, so the object of his protection must be the legal worker (age, working status meet the requirements of legal workers). However, due to the need to protect workers' working capacity and recovery status, the rating has a low starting point. The traffic accident disability appraisal is mainly aimed at the personal injury caused by the traffic accident, including any group of people, such as retired elderly and infants, who have a high starting point for disability assessment, and there is no detailed work-related injury insurance regulations for laborers.

Traffic Accident Work-related Disability Compensation Standards:

1. The compensation for traffic accidents has already paid medical expenses, funeral expenses, nursing expenses, expenses for disability appliances, and wages for lost work. Enterprises or work-related injury insurance agencies will no longer pay the corresponding benefits.

2. If the death compensation or disability living allowance paid for traffic accident compensation has been received by the employee or his relatives, the one-time work-related death subsidy or one-time disability subsidy of the work-related injury insurance shall not be paid.

3. If an employee dies or becomes disabled due to a traffic accident, in addition to the relevant benefits in accordance with the above two items, other work-related injury insurance benefits may also be enjoyed in accordance with the regulations.

4. If the injured employee is unable to obtain compensation for the traffic accident due to the escape of the traffic offender or other reasons, the enterprise or the work-related injury insurance agency shall give work-related injury insurance benefits in accordance with the regulations. There are four principles for the evaluation of traffic accident disability, namely, the principle of objective assessment, the principle of comparative assessment, the principle of separate assessment, and the principle of excluding the original injury and disease.

If there are injuries in a traffic accident, it is necessary to make a disability rating assessment in order to formulate the compensation amount, and the assessment of the disability level of the traffic accident needs to be assessed according to the following three situations:

1. The best effect after the human body is injured.

2. The relationship between disability and accident and damage.

3. Primary injuries directly caused by traffic accidents to the human body and complications or sequelae caused by injuries.

China's traffic accident disability appraisal standard is divided into ten levels, professional appraisal agencies will make an appraisal according to the injury of the party, of which the first level of disability is the most serious, and the tenth level of disability is relatively light.

[Legal basis].

Regulations on Work-related Injury Insurance

It's not the same. The basis of the appraisal of the two departments and the compensation standard for the level of disability are different. Work-related injuries are entrusted by the labor and social security department to designate a work-related injury appraisal center to conduct an appraisal according to the work-related injury standards for loss of working capacity, and the compensation shall be in accordance with the work-related injury insurance regulations.

The appraisal of traffic accident disability is a judicial appraisal, which is based on the appraisal standard of traffic accident disability level, and the compensation is based on the traffic accident disability level. Generally, countries take care of workers more often, and the results of the same disability work-related injury appraisal are higher than the disability level of traffic accidents, or at least not lower than the disability level of judicial appraisal.

1. Is the disability appraisal of traffic accident the same as the appraisal of work-related injury disability?

1. The identification of traffic accident disability is different from the identification of work-related injury and disability. The differences are as follows:

1) The applicable objects are different. Traffic accident disability appraisal is applicable to personal injury compensation, and work-related injury disability appraisal is applicable to work-related injury treatment;

2) The basis is different. Work-related injuries shall be subject to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases, and the disability assessment of persons injured in road traffic accidents shall be applied to traffic accidents.

2. 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.

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 area where the employer is located.

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 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.

2. What are the application materials for work-related injury appraisal?

1. A copy of the text of the labor and employment contract or the material of the bridge and tunnel of the de facto labor relationship;

2. Diagnosis certificate or appraisal issued by a medical institution;

3. The original and photocopy of the Decision on Determination of Work-related Injury;

4. Accident materials of employees or employers;

5. Original and photocopy of the employee's resident ID card and other valid identity certificates;

6. Other materials specified by the Labor Ability Appraisal Committee.

If a traffic accident occurs in a road traffic accident involving an insured motor vehicle and the insured or victim notifies the insurance company, the insurance company shall immediately give a reply and inform the insured or victim of the specific compensation procedures and other relevant matters.

Article 27 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability If a road traffic accident occurs in a hungry motor vehicle in the insured section, and the insured or victim notifies the insurance company, the insurance company shall immediately give a reply and inform the insured or victim of the specific compensation procedures and other relevant matters. Article 29 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability stipulates that the insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured holding the car, verify whether it is an insurance liability and notify the insured of the result; If it does not belong to the insurance liability, the reasons shall be explained in writing; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.