Whether the work related injury disability assessment is determined by the factory designated by the

There are laws and regulations on work-related injury assessment agencies, and factories do not have the right to designate them.

According to Articles 23 and 26 of the Regulations on Work-related Injury Insurance and Article 5 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work issued by the Ministry of Human Resources and Social Security and the National Health and Family Planning Commission, the labor ability appraisal committee of the city divided into districts shall be responsible for the initial appraisal of the labor ability appraisal (disability appraisal) of the injured employee, and the provincial labor ability appraisal committee shall be responsible for the re-appraisal. Appraisals made by other institutions do not have legal effect.

***。Regulations on Work-related Injury Insurance

Article 21 Where 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 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, 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. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Ministry of Human Resources and Social Security, National Health and Family Planning Commission.

Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work".

Article 5 The Labor Ability Appraisal Committee of the city divided into districts shall be responsible for the initial appraisal and review appraisal of the labor capacity within its jurisdiction.

The labor ability appraisal committees of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for re-appraisals submitted by those who are dissatisfied with the initial appraisal or the re-examination appraisal conclusions.

It is not designated by the factory, and there is a special organization to evaluate.

1. Whether there is a direct relationship.

The determination of work-related injuries is not the same thing as the determination of the level of disability in the assessment of work-related injuries, and there is no direct relationship.

Determination of work-related injury: refers to the injury of adverse factors and occupational disease injuries suffered by workers when they are engaged in occupational activities or activities related to occupational activities.

Disability appraisal: It is the act of appraisal of work-related injuries by the labor ability appraisal committee at or above the districted city level on the basis of the work-related injury appraisal of an employee who has applied for work-related injury appraisal on the basis of his or her work-related injury being recognized as a work-related injury, 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.

2. What is the difference between work-related injury identification and disability identification?

1. The subject of the application for appraisal is different.

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

2. The prerequisites for applying for appraisal are different.

The premise of work-related injury appraisal is that the work-related injury appraisal entity has obtained the employee's work-related injury determination decision issued by the social insurance administrative department, and the work-related injury appraisal committee will not accept the application of the work-related injury appraisal applicant without the work-related injury determination decision; The premise of disability identification is that the applicant needs to provide a traffic accident certificate issued by the public security traffic police department.

3. The basis, content and materials to be submitted for the application for appraisal are different.

The laws and regulations on the basis of the work-related injury appraisal are the Regulations on Work-related Injury Insurance and the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees, and the contents of the appraisal include: the termination period of medical treatment for work-related injuries, the confirmation of the period of suspension of work with pay, the degree of impairment of working ability, and the degree of impairment of self-care. The materials that need to be submitted at the same time when applying for work-related injury appraisal are:

Employee work-related injury determination decision, relevant information on the medical treatment of the employee's work-related injury (including the employee's personal information, the employee's work-related injury information, the diagnosis data of medical institutions, etc.); The content of the disability appraisal includes: the mental state, physiological function, abnormality of the street running structure and its impact on life, and the materials to be submitted for the disability appraisal include: traffic accident identification certificate, admission record, discharge record, discharge summary, medical record, disability diagnosis certificate, etc.

Legal analysis: The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts.

Legal basis: Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Legal analysis: work-related injury appraisal refers to the act of appraising work-related injuries by the Labor Ability Appraisal Committee of a districted city or above on the basis of an employee's determination of work-related injury on the basis of his or her work-related injury, 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.

Procedures for the 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 2The appraiser shall bring a certificate of diagnosis of injury, illness or disability issued by a 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" are published 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 Comma Office holds regular appraisal meetings every Thursday to make grades or conclusions and announce them.

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 results of the appraisal and all the materials received.

Legal basis: Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

The work-related injury and disability assessment department is the labor ability appraisal committee of the city divided into districts. The labor ability appraisal committees at the districted city level are composed of representatives of the social insurance administrative departments, health administrative departments, trade union organizations, handling agencies and representatives of employers at the provincial, autonomous regional, municipality, and districted city levels.

Legal basis] Article 23 of the Regulations on Work-related Injury Insurance, the labor ability appraisal of Jiyubo shall be submitted by the fictitious employer, 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.

After the occurrence of a work-related injury, the employee shall go to the Human Resources and Social Security Bureau to apply for a work-related injury determination, and the assessment and recognition of work-related injuries shall be determined by the labor administrative department to review the applicant's information.

Legal basis] Article 8 of the Measures for the Determination of Work-related InjuriesAfter receiving the application for determination of work-related injury, the social insurance administrative department shall review the materials submitted by the applicant within 15 days, and make a decision to accept or reject the application if the materials are completeIf the materials are incomplete, the applicant shall be informed in writing of all the materials that need to be supplemented and corrected at one time. After receiving all the supplementary and corrective materials submitted by the applicant, the social insurance administrative department shall make a decision to accept or not accept the application within 15 days.

If the social insurance administrative department decides to accept it, it shall issue a "Decision on the Acceptance of the Application for Work-related Injury Determination";Where a decision is made not to accept the application, a "Decision on the Inadmissibility of the Application for Determination of Work-related Injury" shall be issued.

Legal analysis: The work-related injury and disability assessment department is the labor ability appraisal committee of the city divided into districts, and after the work-related injury is identified, it can apply to the Nakai labor department for a rolling banquet, and the labor ability appraisal center is responsible for arranging the disability assessment in the future.

Legal basis: Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide the relevant materials for the determination of the work-related injury and the medical treatment of the employee's work-related injury.

Provisions on the criteria for the appraisal and assessment of work-related injuries: The disability level is assessed according to the organ damage, dysfunction and dependence on medical treatment and daily life care of the disabled person during the technical appraisal of the disability level in the spring, with the heaviest being the first level and the lightest being the tenth level.

[Legal basis].Employees' work-related injuries and occupational diseases cause disability grades".

The degree of disability is comprehensively determined and graded based on the degree of organ damage, dysfunction and dependence on medical treatment and daily life care of the disabled person at the time of technical appraisal of the disability grade of disability, and the influence of psychosocial factors caused by disability is appropriately considered.

Appendix A shows the criteria for determining the disability caused by various types of work-related injuries and occupational diseases.

Appendix B provides instructions for the proper use of this standard.

Organ damage. Organ damage is a direct consequence of work-related injuries, but occupational diseases do not necessarily involve organ defects.

Grading. According to the principle of item division and the degree of disability caused by work-related injuries, and comprehensively considering the balance of various categories, the disability level is divided into levels 1 to 10. The heaviest is the first and the lightest is the tenth level. For individual disability situations that are not listed, the rating shall be carried out in accordance with the corresponding grading principles in this standard.