How long does it take to get an appraisal after a work related injury is identified How long does it

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 recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an 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.

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. Indemnity: The time is not fixed.

First of all, clarify whether the employer has paid work-related injury insurance for me, if so, the work-related injury compensation fee will be paid from the work-related injury insurance**, and contact the local social security department as soon as possible; If the payment is not made, the compensation fee will be paid by the unit, please negotiate with the unit in time.

After the work-related injury certificate and work-related injury appraisal level are made, if you have participated in work-related injury insurance, you can apply directly to the work-related injury insurance department of the Social Security Bureau, and the approval time is about 30 working days; If you do not participate in work-related injury insurance, you must apply to the labor dispute arbitration commission for labor arbitration, commonly known as a labor lawsuit, which is generally 45 days after the case is filed.

Typing is not easy, such as satisfaction, hope.

Legal analysis: After the work-related injury is identified, you can apply for labor ability appraisal after the injury is relatively stable.

Legal basis: anterior foci.

Regulations on Work-related Injury Insurance

Article 21 In the event of a work-related injury, if an employee has a disability or 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 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, and provide the relevant materials of the work-related injury determination decision and the medical treatment of the work-related injury.

The time for the determination of work-related injury appraisal: The worker shall receive the determined time after the work-related injury is identified, and when the condition is stable or discharged, he shall apply to the districted city appearance appraisal committee for labor ability appraisal. Normally, the materials for applying for appraisal should be submitted to the work-related injury department of the local labor bureau, and the work-related injury department will apply for you.

According to Article 14 of the Regulations on Work-related Injury Insurance, an employee is injured by an accident during working hours and at the place of work due to work-related reasons; Where work-related accidents occur before or after working hours during work-related preparations and finishes, they shall be recognized as work-related injuries.

After the work-related injury determination is issued, if the condition is stable, the work-related injury determination certificate, medical records and labor relations information can be confirmed, and the appraisal committee can apply for appraisal to the local labor ability. This time interval should not be delayed for too long, as there will be recognition and compensation after a period of time. Major accident express filing:

Once an employee dies due to work, he or she should inform the employer for the first time, and the employer needs to file the record within 24 hours. If the number of injured people exceeds 3 (including 3 people), it should be reported within 24 hours as a major accident. Deemed work-related injury:

During working hours and at work, if a person dies of sudden illness or dies within 48 hours of being rescued, it may be regarded as a work-related injury. Filing of multiple work-related injuries: After the occurrence of work-related injuries, the social insurance administrative department of the place where the insurance is insured shall be filed within three days.

Time limit for the employer to submit a work-related injury determination: If an employee is injured or diagnosed in an accident in accordance with the laws on the prevention and treatment of occupational diseases, and the employee is identified as an occupational disease, the unit to which he belongs 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 or the date of diagnosis. Time limit for work-related injuries to be determined by injured employees, their close relatives and trade unions:

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 the trade union organization shall directly submit an application for recognition of work-related injury to the social insurance administrative department where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis as the date of occupational disease evaluation.

Labor ability appraisal conclusion: The municipal labor ability appraisal agency shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and may be extended by 30 days if necessary. I would like to apply for labor ability appraisal:

If the city, the applicant unit or the person being appraised does not agree with the appraisal conclusion, it may submit another appraisal application to the Shandong Provincial Labor Ability Appraisal Committee within 15 days from the date of receipt of the appraisal conclusion. Period for review and appraisal: 1 year from the date of making a valid appraisal conclusion.

If the disability status is considered to have changed, it may apply to the Office of the Labor Ability Assessment Committee in charge of the preliminary assessment for a review and appraisal.

There is no specific time limit, but it is required that the fixation equipment in the body needs to be removed before the finch can be identified; It can be quickly dissolved in the work-related injury insurance regulations, which stipulates that the labor ability appraisal needs to be carried out after the injury is stabilized.

Within three months, you can apply for labor ability appraisal, which has a certain legal basis for legal repentance; Because the work-related injury department will consider that the employer is not satisfied with the determination of work-related injury, Yuangai can file a lawsuit with the court within three months.

Generally, after three months, if the work-related injury department and the employer disagree with the work-related injury determination, they can file a lawsuit with the court within these three months.

The work-related injury appraisal result shall be issued within 60 days after the employee applies for the labor ability appraisal, and the issuance may be delayed by 30 days in case of dispute by the expert group. If the employer or the injured employee himself is not satisfied with the appraisal result, Zheng Wei 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.

Legal basis] Article 26 of the Regulations on Work-related Injury Insurance, if the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee of the city divided into districts, 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.

The results of work-related injury appraisal are generally issued within 60 days from the date of application for appraisal, and can be extended by 30 days for complex ones.

Legal basis] According to the second paragraph of Article 25 of the Regulations on Work-related Injury Insurance, the labor ability appraisal committee at the level of a city divided into districts 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.

How long does it take to pay compensation after the work-related injury appraisal result is out? The work-related injury identification takes 60 days to complete. After the completion of the work-related disability assessment, the compensation can be paid within about 30 days.

According to Article 25 of the Regulations on Work-related Injury Insurance, after receiving the application for labor ability appraisal, the labor ability appraisal committee of a city divided into districts 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 and expert judgment group shall put forward the 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 improvement 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. The above is the lawyer's collation of relevant content for Qingoak, do you understand?