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1. The materials required to re-apply for disability level appraisal are as follows:
Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work shall fill in the application form for labor ability appraisal and submit the following materials:
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) Application for re-evaluation of disability.
2. The application for re-evaluation of disability is also submitted to the labor department.
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Measures for the Implementation of Work-related Injury Insurance in Shanghai
Article 28 (Re-evaluation).
If the employer, the injured person or his or her immediate family members who apply for the labor ability appraisal are not satisfied with the labor ability appraisal conclusion or the occupational disease appraisal conclusion, they may submit an application for re-appraisal to the Municipal Appraisal Committee within 15 days from the date of receipt of the appraisal conclusion.
For the application for re-appraisal of those who are not satisfied with the conclusion of the appraisal of occupational diseases, the Municipal Appraisal Committee shall separately organize an expert group to conduct a re-appraisal.
The re-appraisal conclusion made by the Municipal Appraisal Committee is final.
Article 29: (Review and Appraisal).
One year after the conclusion of the labor ability appraisal, if the injured person or his immediate family members, the employer or the handling agency believe that the disability has changed, he or she may submit an application for the review and appraisal of the work ability.
Article 30 (Appraisal Fees).
The cost of the initial labor ability appraisal of the injured person shall be paid by the work-related injury insurance**.
Where the employer, the injured person or his or her immediate family members submit an application for re-appraisal or re-appraisal, and the re-appraisal conclusion maintains the original appraisal conclusion, or there is no change in the re-appraisal conclusion, the appraisal fee shall be borne by the employer, the injured person or his or her immediate family members who submitted the application for re-appraisal or re-appraisal; If there is a change in the re-appraisal conclusion or the re-examination appraisal conclusion, the appraisal fee shall be borne by the work-related injury insurance**.
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Legal analysis: 1. Apply to the public security organ.
If the party involved in the traffic accident is disabled due to injury, he may apply to the public security organ for a disability assessment within 15 days after the end of the accident.
The public security organs shall, on the basis of the hospital certificate and the Ministry of Public Security's standards for assessing disability in road traffic accidents, assess the level of disability within 30 days of receiving the application for disability assessment, or recommend an evaluation institution to the parties, to be chosen by the parties themselves.
2. Self-identification.
Generally, large hospitals or medical universities have appraisal centers, and you can contact the appraisal agency by yourself, but if you do your own appraisal, the other party may request for re-appraisal.
Legal basis: According to Article 92 of the "Provisions on Procedures for Handling Traffic Accidents", if it is necessary to carry out disability assessment and property loss assessment due to the determination of the amount of damages, it shall be carried out by a qualified institution determined by the parties through consultation, but if the amount of property loss is huge and suspected of a criminal offense, it shall be entrusted by the traffic management department of the public security organ.
The costs of disability assessment and property damage assessment entrusted by the parties shall be borne by the parties.
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The process of applying for disability level appraisal is as follows: first, the party concerned should apply for a work-related injury determination and obtain a work-related injury certificate. Secondly, the person concerned should bring the relevant materials to the local social security agency to apply for disability level appraisal.
Then, it is necessary to collect the appraisal materials after 15 days, and if the parties are not satisfied with the appraisal results, they can apply to the appraisal agency at the next higher level for another review. Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:
1) Application form for determination of work-related injury; (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.
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Within 15 days after the end of the **, the victim may apply to the public security organ for a disability assessment. Generally, large hospitals or medical universities have appraisal centers, but He did not contact the appraisal agency by himself, but if he did his own appraisal, the other party may submit a request for re-appraisal.
[Legal basis].
Article 49 of the Provisions on Procedures for Handling Road Traffic Accidents requires inspection and appraisal, and the traffic management department of the public security organ shall, in accordance with the relevant provisions, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the conclusion of the investigation at the scene of the accident. The autopsy shall be commissioned within 3 days of the date of death. The inspection and appraisal of the vehicle of the traffic hit-and-run person shall be entrusted within three days from the date of seizure of the vehicle suspected of causing the accident.
If it is necessary to inspect and identify after three days from the date of the end of the on-site investigation, it shall be reported to the traffic management department of the public security organ at the next higher level for approval. The evaluation of mental illness is to be conducted by an evaluation institution with psychiatric evaluation qualifications.
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Legal Analysis: Disability Appraisal Application Process: 1. Submit an Application for Disability Appraisal:
After the suspect was discharged from the hospital, he brought all the medical bills, the certificate of diagnosis and photographing, and the case to be entrusted to a special disability appraisal agency for evaluation; 2. After accepting the party's application, the appraisal body shall bring the person's case, diagnosis certificate and other materials, and the appraiser shall conduct an on-site evaluation; 3. The degree of disability is divided into grades 1 to 10 from severe to mild, and the appraisal agency will issue an appraisal opinion on whether it constitutes a disability and the degree of disability within a certain period of time according to the injury of the parties; 4. There will be three periods and the degree of disability in the appraisal opinion, which will be used as a reference basis for the amount of claim.
Legal basis: 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 evaluated for his or her ability to work.
Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work》 Article 8 To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted: (1) Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant provisions of the medical institution's medical record management; (2) The original of the worker's resident ID card or social security card and other valid identification.
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Disability appraisal application process: 1. Submit an application for disability appraisal: After the party is discharged from the hospital, bring all the medical bills, Fenghui diagnosis certificate and case case to a special disability appraisal agency for identification; 2. After accepting the party's application, the appraisal body shall bring the person's case, diagnosis certificate and other materials, and the appraiser shall conduct an on-site evaluation; 3. The degree of disability is divided into grades 1 to 10 from severe to mild, and the appraisal agency will issue an appraisal opinion on whether it constitutes a disability and the degree of disability within a certain period of time according to the injury of the parties; 4. In the appraisal opinion, there will be three periods of knowledge and the degree of disability of Yin Meng, which will be used as a reference basis for the amount of claim.
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 evaluated for his or her ability to work. Article 8 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work Article 8 The application form for the appraisal of the working ability shall be filled in and the following materials shall be submitted: (1) complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical record management of medical institutions; (2) The original of the worker's resident ID card or social security card and other valid identification.
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Legal Analysis: Disability Appraisal Application Process: 1. Submit an Application for Disability Appraisal:
After the person is discharged from the hospital, bring all the medical bills, diagnosis certificates and cases to a special residual photograph identification agency for identification; 2. After accepting the party's application, the appraisal institution shall bring the person's case, diagnosis and repentance certificate and other materials, and the appraisal personnel shall conduct an on-site appraisal; 3. The degree of disability is divided into grades 1 to 10 from severe to mild, and the appraisal agency will issue an appraisal opinion on whether it constitutes a disability and the degree of disability within a certain period of time according to the injury of the parties; 4. There will be three periods and the degree of disability in the appraisal opinion, which will be used as a reference basis for the amount of claim.
Legal basis: Regulations on Work-related Injury Insurance
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.
Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall submit an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis. The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days.
The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
No, the nature of the disability level appraisal and the personal injury grade appraisal are different, and the appraisal standards are also different. The disability appraisal committee is composed of the labor department and the medical department to identify the disability caused by the work-related injury. The identification of personal injury level is composed of public security organs and forensic doctors, and is used to identify personal injuries caused by infringement, traffic accidents, etc. >>>More
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