When is the work related injury appraisal and when is the work related injury appraisal identified

It is not called work-related injury appraisal, it is called labor ability appraisal, there is no specific time, you can see it below.

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, he or she shall be appraised for his or her ability to work.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

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.

Typing is not easy, such as satisfaction, hope.

1.The current Regulations on Work-related Injury Insurance and the Administrative Measures for the Appraisal of the Working Ability of Employees Injured at Work do not have clear provisions on the time for the appraisal of the working ability (appraisal of the level of work-related injury and disability).

2.According to 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, he or she shall be assessed for his or her ability to work.

3.Employees who are injured at work need to wait for the injury to stabilize and can apply for a labor ability appraisal to determine the level of work-related injury. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).

4.According to Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

5.Due to the differences in the specific operation of different places, it is recommended to call 12333 for consultation before processing.

How to determine the time for work-related injury identification?

According to the Regulations on Work-related Injury Insurance, the employer shall apply for work-related injury appraisal within one month from the date of the accident, and if the employer fails to submit an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may directly submit an application for work-related injury recognition to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

In accordance with Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as a work-related injury:

1) During working hours and in the workplace, they are injured or injured in an accident 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries". In order to apply for work-related injury determination, it is necessary to apply for work-related injury recognition within 30 days after the occurrence of the accident and within one year after the occurrence of the accident by the injured person or his family member by the labor and social security administrative department of the coordinating region where the employer is located. and when the injury is relatively stable, apply for a labor ability appraisal (i.e., disability appraisal), and then enjoy the corresponding work-related injury benefits according to the identification and appraisal results.

Disputes arising from work-related injuries are labor disputes, and labor arbitration is a precondition for resolving labor disputes, that is, labor dispute cases that have not been subject to labor arbitration will not be accepted by the people's courts.

The statute of limitations for labor arbitration is 60 days after the dispute occurs, and your brother can file an arbitration application with the labor dispute arbitration commission at the place where the employer is domiciled within 60 days after the incident, requesting the ruling unit to make a work-related injury determination and disability appraisal for him; You can also file an arbitration application with the Arbitration Commission within 60 days after obtaining the work-related injury certificate from the Labor and Social Security Bureau, requesting a ruling to enjoy the corresponding work-related injury benefits according to the work-related injury determination and labor ability appraisal results.

How long does it take for a work-related death to be determined.

1. If the application conditions are met, the administrative department shall accept it. If the application materials for work-related injury determination are incomplete, inform them to complete them within 15 days.

If the initial diagnosis of the work-related injury by the designated medical institution, the proof of the existence of the injured employee and the unit, and the supporting materials required for the determination of the work-related injury must be bent, the labor and social security administrative department shall not accept the application for the determination of the work-related injury.

2. If the labor and social security administrative department has complete materials and reliable evidence, it shall make a decision on whether to work at work within 30 days.

3. The decision on the determination of work-related injuries made by the administrative department of labor and social security shall be notified in writing to the unit, the injured employee or his relatives, and the handling agency.

4. If there is any doubt or dissatisfaction with the notice of determination made by the labor and social security administrative department, he or she may apply to the administrative organ at a higher level for reconsideration within 60 days from the date of receipt of the notice, or file an administrative lawsuit with the people's court within three months.

Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal 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 at or above the districted city shall conduct an appraisal of his or her work-related injury-related matters. 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 the configuration of assistive devices for injury and disability, etc.

Legal analysis: work-related injury appraisal 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 the employee who applies for work-related injury appraisal 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. The appraisal of work-related injuries in a broad sense includes the appraisal of working ability and the appraisal of the disability level, and the appraisal of work-related injury in the narrow sense refers to the appraisal of the disability grade. 1. The prerequisites for the identification of work-related injuries and the appraisal of the working ability of the injured employees are that those who have been identified for work-related injuries may apply for the appraisal of their working ability.

2. If the work-related injury has not been recognized, it shall not exceed one year from the date of the accident, or although it has exceeded one year, but the statutory statute of limitations has been suspended, and it is less than one year after the deduction, the applicant may apply for the determination of work-related injury and then apply for labor ability appraisal.

Routine materials and requirements required for the declaration of the appraisal:

1) Fill in the "Application Form for Labor Ability Appraisal", and affix my recent one-inch bareheaded ** on **, and if the unit is responsible, stamp the official seal of the unit on **; Individual applications should provide the name, full address, name, and ** of the contact person and notify the contact person on the spot.

2) The original and copy of the work-related injury determination decision.

3) Bring a copy of the original ID card of the person being appraised.

4) Provide complete and continuous medical records, of which the original medical records should be provided for hospitalization (the original medical records should be copied in the hospital medical record room with the patient's ID card, and stamped with the special seal of the hospital medical record management).

Legal basis: According to 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 Treatment of Occupational Diseases, the employer shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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 coordinating area where the employer is located.

A work-related injury assessment is appropriate to do within one year of the accident. The law stipulates that within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, the unit to which the accident belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the overall region. If the employer fails to apply, the worker and his or her relatives may apply within one year.

Article 20 of the Regulations on Work-related Injury Insurance The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives who apply for work-related injury determination and the worker's unit in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and postures are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.