Can traffic accident disability identification and work related injury disability identification be

It must be unreasonable, a work-related injury is a work-related injury, a traffic accident is a traffic accident, and the legal provisions applied are different. Did you do internal fixation?? There is a level 9 work-related injury.

The legal basis for the appraisal of traffic accident disability and the appraisal of work-related injury disability is different, the former is based on the traffic accident disability appraisal standard, and the latter is based on the labor ability appraisal standard. Your dad can do both of the above tests and claim double damages.

Disability assessment has nothing to do with the cause of disability.

The essential differences between them are:

1. The laws and regulations are different.

Work-related injuries are based on the Regulations on Work-related Injury Insurance, and the appraisal standard is the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees, which is based on the Labor Law.

The evaluation of traffic accident disability is based on the Traffic Law, and his appraisal standard is the "Disability Assessment of Persons Injured in Road Traffic Accidents".

2. The objects they target are different.

The object of work-related injury is the labor contract and work-related injury insurance, as well as the laborer, the employer and social insurance, he fully protects the rights and interests of the worker, if the employer pays the work-related injury insurance normally, but also reduces the economic loss of the work-related accident for the enterprise, and the traffic accident is different from 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, The working status meets 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 traffic accidents, and it includes 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.

3. Their meanings are different from those of insurance.

Work-related injuries are mainly aimed at production accidents that are difficult to avoid in the enterprise, which will bring large accidental losses to the injured and the enterprise, so he mainly protects both sides of the labor relationship, and has a certain amount of protection in the event of an accident. The core is labor security, which belongs to social insurance.

The core of traffic accidents is mainly basic personal life protection, and the insurance category belongs to commercial insurance.

In a comprehensive comparison, the disability benefits of work-related accidents are easier to assess and higher than those of traffic accidents.

1.The subject of the application for work-related injury appraisal is the employee himself/herself, close relatives, or the employing unit who has been identified as a work-related injury, and the subject of the application for disability appraisal can only be the injured person;

2.The premise of the work-related injury appraisal is that the subject of the work-related injury appraisal has obtained the employee work-related injury identification decision issued by the social insurance administrative department, and the premise of the disability appraisal is that the applicant needs to provide the traffic liability accident identification certificate issued by the public security traffic police department.

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.

The social insurance agency (hereinafter referred to as the agency) established by the social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.

The ability to work test is not the same as the disability test. The appraisal of working ability and the appraisal of disability level are both related and different. In terms of nature, the appraisal of working ability is the basis for the appraisal of disability grades.

In terms of scope, the scope of labor ability appraisal is larger, that is, in addition to the appraisal of work-related injuries (including occupational diseases), it also includes the appraisal of temporary or permanent loss of working capacity caused by illness or non-work-related injury, and its main function is to identify the temporary or permanent loss of working ability of workers from the medical aspect. The appraisal of disability grades is relatively more professional and strict, and its function is to identify the status of work-related injuries and permanent incapacity of employees suffering from occupational diseases. The working procedures and basis for judging between the two are also different.

However, for obvious work-related injuries (including occupational diseases), the disability level appraisal can be carried out at the same time as the labor ability appraisal. The application time for the appraisal of the two is also different, and the application time for the appraisal of working ability is that the injured person can apply after the condition is relatively stable; The application for disability assessment is after the medical treatment has been terminated.

Disability appraisal is to determine the level of disability, and work-related injury appraisal (which should be work-related injury determination) is to confirm whether the injury is a work-related injury. A work-related injury determination should be made first, and then a disability assessment should be made.

Hello is different, one is applicable to personal damage appraisal, and one is labor ability appraisal.

Guangdong lawyer Hu:

Job appraisal is the appraisal of the level of labor ability used to deal with work-related injuries; Disability appraisal, on the other hand, is the disability level appraisal that deals with personal injury compensation. The requirements are not the same.

Disability identification is used to calculate the level of disability, while work-related injury identification is used to confirm whether it is a work-related injury.

The institutional procedures of the two accreditations are different, and the roles and purposes are even more different.

If the injured person is injured at work, the work-related injury appraisal must be applied, and the state has a special agency to organize the work-related injury appraisal, which is unique in each city, and other judicial appraisal institutions cannot do work-related injury appraisal.

It's not the same.

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation. Responsibility is carried out according to the proportion of the division of responsibilities of the traffic police force. If you have insurance, contact the insurance company as soon as possible.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Legal Analysis: 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 standard of traffic accident disability level appraisal, 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 field are higher than the disability level of traffic accidents, or at least not lower than the disability level of judicial appraisal.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 54 The appraisal institution shall complete the inspection and appraisal within the prescribed time limit, and issue a written inspection report and appraisal opinion, which shall be signed by the appraiser, and the appraisal opinion shall also be stamped with the seal of the institution. The inspection report and appraisal opinion shall contain the following matters: 1. The client; 2. The date and matters of the commission; 3. Relevant materials to be submitted; Fourth, the time of inspection and identification; 5. Basis and concluding opinions, where a concluding opinion is reached through analysis, there shall be a process of analysis and proof.

The inspection report or appraisal opinion shall be accompanied by the qualification certificate or other supporting documents of the appraisal body or evaluator.

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.

It's not the same. The following materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 54 The appraisal institution shall complete the inspection and appraisal within the prescribed time limit, and issue a written inspection report and appraisal opinion, which shall be signed by the appraiser, and the appraisal opinion shall also be stamped with the seal of the institution. The inspection report and appraisal opinion shall indicate the following matters:

1) the client;

2) The date and matter of the entrustment;

3. Relevant materials to be submitted;

Fourth, the time of inspection and identification;

5) Based on and conclusive opinions, where conclusions are reached through analysis, there shall be a process of analysis and proof.

The inspection report and the appraisal opinion shall be accompanied by the qualification certificate or other supporting documents of the appraisal body or appraiser.