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1. The employer shall pay the expenses for the appraisal of the degree of work-related injury or loss of working ability. 2. Where the appraisal fee for the degree of loss of working capacity due to illness or non-work-related injury is applied for by the unit to which the person being appraised belongs, the appraisal fee shall be paid by the unit to which the person being appraised belongs; Where the appraisal is made by the person being evaluated, the appraisal fee is to be paid in advance by the appraiser at the time of application, and if the appraisal concludes that he or she is partially incapacitated or above, the appraisal fee shall be borne by the unit to which the appraisee belongs. If there is no unit, the appraisal fee shall be borne by the individual.
3. The appraisal fee for re-appraisal shall be paid in advance by the applicant. The re-appraisal conclusion is consistent with the original appraisal conclusion, and the appraisal fee shall be borne by the applicant. If the re-appraisal conclusion is inconsistent with the appraisal conclusion, the appraisal fee shall be borne by the original appraisal institution.
4. The applicant shall bear the expenses required to apply for appraisal again due to changes in injury and condition.
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Legal analysis: China's work-related injury insurance regulations stipulate that according to the actual situation, it is decided who bears the cost of work-related injury appraisal: 1. The unit will pay the appraisal fee for work-related injury and loss of working ability; 2. The unit to which the appraisee belongs will pay the cost of appraising the degree of loss of working ability due to illness or non-work-related injury.
If the person being evaluated applies for work-related injury appraisal, the appraisal fee needs to be paid in advance at the time of application. If it is found that part of the person has lost the ability to work or above after the appraisal, the unit of the person being appraised will bear the appraisal fee.
Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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) 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: If the employer bears the liability for compensation for work-related accidents, it shall include the cost of disability appraisal of the injured employee, and the cost of the initial disability appraisal shall be borne by the employer, including appraisal fees, inspection fees, diagnosis fees, travel expenses of the appraiser, etc., and if the employer purchases work-related injury insurance for the employee and pays the insurance premiums in full, the expenses shall be paid by the work-related injury insurance**. If the application for the initial appraisal is made by the injured employee or his or her immediate family members, the appraisal fee shall be paid in advance by the employee or his or her immediate family members at the time of application, and shall be obtained from the insurance institution or the employer when collecting the work-related injury benefits in the future.
Legal basis: Regulations on Work-related Injury Insurance Article 20 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 and the employee's unit in writing. The social insurance administrative department shall, within 15 days, 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 obligations 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.
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If the employer has paid work-related injury insurance for the employee in accordance with the regulations, the work-related injury appraisal fee shall be borne by the social security agency, which may pay it from the work-related injury insurance**; However, if the employer fails to pay the contribution for the employee in accordance with the regulations, the employer shall bear the responsibility in accordance with the regulations.
Legal basis] Article 38 of the Social Insurance Law of the People's Republic of China.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Subsidies for meals for hospitalization and dusting;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) If you are unable to take care of yourself, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
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If the employer has paid the work-related injury insurance premium for the employee, the work-related injury appraisal fee shall be borne by the work-related injury insurance**; If the work-related injury insurance premium is not paid for the employee, the employer shall bear it; If the worker is not recognized as a work-related injury, the employer or worker who made the application shall bear the responsibility.
Legal basisArticle 38 of the Social Insurance Law of the People's Republic of China.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled; Qin Laoqing is suspicious.
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy that shall be enjoyed at the same time of termination or dissolution of labor and return;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Who bears the follow-up expenses for work-related injuries? If an employee suffers a work-related injury during the existence of the labor relationship, and the employee still needs to continue after the suspension, who will bear this cost after the termination of the labor relationship? During the period of employment, the medical expenses incurred by the employee due to work-related injury or work-related injury shall be paid from the work-related injury insurance** if the employer fails to handle the work-related injury insurance for the employee and causes economic losses to the employee due to its fault, all the expenses shall be borne by the employer according to law. >>>More
Elbow fracture injury identification criteria:
1. Grade 10 disability appraisal standard for work-related injuries. >>>More
The applicant shall submit an application to the labor ability appraisal committee of the city divided into districts where the work-related injury occurs. The labor ability appraisal committee at the districted city level is responsible for the initial appraisal and review appraisal of the labor ability within its jurisdiction. The Provincial Labor Ability Appraisal Committee is responsible for the re-appraisal of the initial appraisal or the re-appraisal conclusion submitted by dissatisfaction. >>>More
According to the procedures stipulated in the Regulations on Work-related Injury Insurance, there is no specific time limit for the time for work-related injury appraisal. The approximate stage is that the work-related injury can be applied for appraisal after the injury is relatively stable, of course, it can also be after the end of medical treatment, and it can also be after the work-related injury, but the maximum period cannot exceed 12 months (the suspension period shall generally not exceed 12 months).
If the employer does not apply for work-related injury recognition and labor ability appraisal, the injured employee may apply on his own. >>>More