I was injured four years ago, and I have just recovered from my work, can I apply for a disability a

If a work-related injury determination is made at that time, you can apply for a disability evaluation. The application for work-related injury determination shall be made within one year, and the disability appraisal shall be made after the stabilization, and there is no specified time.

Regulations on Work-related Injury Insurance.

Article 17 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 unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. 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.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

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.

Article 21If 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 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.

You can choose a qualified appraisal agency that has filed with the people's court to do it, so as to avoid the appraisal results not being recognized by the court due to the issue of appraisal qualifications after arriving at the court.

According to the second paragraph of Article 17 of the Regulations on Work-related Injury Insurance, the statute of limitations for the application for work-related injury determination shall be calculated from the date of occurrence of the accident injury.

Where the injury result has not actually occurred at the time of the work-related accident, and the injured employee submits an application for work-related injury determination within one year after the actual occurrence of the injury, it is not a circumstance where the statute of limitations for applying for work-related injury determination has expired.

The Regulations on Work-related Injury Insurance stipulate that a work-related injury determination must be filed within 30 days of the work-related injury, and if the application for work-related injury appraisal is more than one year from the date of the work-related injury, the work-related injury appraisal cannot be applied for for the injury of one year ago.

Yes, as long as the work-related injury is determined, there is no time limit for the appraisal of the labor ability level, and if the work-related injury is not identified, the statute of limitations for labor rights protection has expired, and it is recommended that the court sue for personal injury compensation.

Hello, the company, and the Labor Bureau, did not ask clearly, is it possible to still want to do it?

1. Can work-related injury still be identified after four years? According to the provisions of Article 26 of the Regulations on Work-related Injury Insurance, the company's re-appraisal after four years of work-related injury appraisal results has exceeded the specified time, and the Labor Ability Appraisal Committee will not accept it. Therefore, the question of whether the work-related injury can still be identified after four years is not possible.

2. Can I re-apply for work-related injury appraisal? According to Article 28 of the "Regulations on Work-related Injury Insurance," one year after the conclusion of the work-related ability appraisal is made, if the injured employee or his immediate family members, his or her work unit or handling agency believes that his or her disability has changed, he or she may apply for a review and appraisal of his or her working ability. In any of the following circumstances, an application for re-appraisal of labor capacity may be made:

1) One year after the previous appraisal of the person entitled to disability allowance and nursing allowance, when the injury situation changes, he or she may submit a review and appraisal of his or her working ability; The handling agency may also propose to arrange a review every two years so that the treatment can be adjusted according to the change of disability; (2) If the person being evaluated or the employer has doubts or dissatisfaction with the appraisal conclusion made by the labor ability appraisal institution, he or she may apply for a re-evaluation to the labor ability appraisal institution at the next higher level within 15 days of receiving the appraisal conclusion. The appraisal conclusion of the provincial labor ability appraisal agency is the final conclusion; (3) Disability level: After the reassessment, other benefits other than the one-time subsidy will be adjusted accordingly. Related Knowledge:

The content of labor ability appraisal is divided into labor dysfunction level appraisal and self-care obstacle grade appraisal, and these two parts are called labor ability appraisal together. There are two levels of labor ability appraisal institutions: The first level of labor ability appraisal institutions is the labor ability appraisal committee of the city divided into districts.

After receiving the 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 pool to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make a conclusion on the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group. If necessary, the Appraisal Committee may entrust a qualified medical institution to assist in the diagnosis.

The appraisal committee's appraisal conclusion shall be made within the legally-prescribed time limit. The labor ability appraisal committee at the city level divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application. If necessary, the time limit for making a working capacity assessment 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. In our country, the conclusion of work-related injury is nothing more than two kinds, one is a work-related injury, and the other is not a work-related injury, if it is identified that Qinmujian does not belong to the work-related injury, he must be dissatisfied with this result, and he can submit a re-appraisal within the specified time.

Summary. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that an employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or the trade union organization shall submit a work-related injury determination to the local human resources and social security bureau within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. Except for the suspension of the statutory time limit, the work-related injury cannot be recognized after the time limit for determining work-related injuries is exceeded, and work-related injury insurance benefits cannot be claimed through legal channels.

Hello <>

I'm glad to answer for you: It's been four years since the injury was made, and I can't do an appraisal. From the legal angle of the analysis of the degree of disturbance, the remainder of the manuscript:

If the work-related injury cannot be identified after four years, according to the provisions of Article 26 of the Regulations on Work-related Injury Insurance, the company will not accept the re-appraisal after four years of the work-related injury appraisal results.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that an employer shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region within 30 days from the date of occurrence of the accident or the date of diagnosis or appraisal of an occupational disease. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or the trade union organization shall submit a determination of the injury to the local human resources and social security bureau within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Except for the suspension of the statutory time limit, the work-related injury cannot be recognized after the time limit for determining work-related injuries is exceeded, and work-related injury insurance benefits cannot be claimed through legal channels.

Legal analysis: An employee, his or her close relatives or a trade union organization may directly apply for recognition of work-related injury to the social insurance administrative department of the local co-ordination area where the employer sells the company within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases.

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 who apply for work-related injury recognition and the unit to which the employee belongs. 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 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.