The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days.
If the unit or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within 15 days from the date of receiving the appraisal conclusion. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final.
Zongheng Law Network-Guangdong Tangji Law Firm-Lawyer Feng Wei
Why can't finger fracture at work be rated as 1 in labor ability appraisal? It is difficult to define whether a single finger fracture can reach the disability level. According to the stipulation of "Disability Grade of Workers with Work Injury and Occupational Diseases Appraised by Labor Ability" (GB/T16180-2014), the disability grade is "those with no or mild dysfunction after fracture healing in all parts of the body".
2. However, the labor ability appraisal committees in many areas now believe that simple finger and toe fractures cannot be considered as grade 10 disability;
I can only say that there are regional differences, but according to my personal work experience, I prefer to be recognized as level 10 disability. .
Why can't work ability appraisal be evaluated according to the grade of finger fracture at work? It is suggested to apply for work-related injury identification and labor ability appraisal, and finally claim compensation. If it does not constitute a disability level, you can ask for payment of medical expenses, nursing expenses, transportation expenses, wages during paid downtime, and so on.
There is information about finger fracture:
1. It is difficult to define whether a single finger fracture can reach the disability level. If there is no dysfunction or mild dysfunction in all parts of the body after fracture healing, the disability level should be assessed as 10 disability.
2. However, the labor ability appraisal committees in many areas now believe that simple finger and toe fractures cannot be considered as grade 10 disability.
I can only say that there are regional differences, but according to my personal work experience, I prefer to be recognized as level 10 disability.
Appraisal of work-related injury level and labor ability is a comprehensive evaluation system to determine the degree of workers' labor dysfunction, and it is the premise for workers to enjoy work-related injury insurance benefits. After treatment of work-related injuries, employees are disabled after the injuries are in a relatively stable state, which affects their working ability. In this case, workers with work-related injuries should apply for labor ability appraisal.
This is not the same thing. This is necessary. Go to the labor department.
The same meaning
Work-related injury and labor ability appraisal grade Your injury is a work-related injury. Only according to the industrial injury disability appraisal standard. As long as you apply. It is up to the appraiser of the appraisal institution to decide which one is not yours.
Grade of labor ability appraisal and disability grade In order to adapt the labor ability appraisal to the requirements of China's current social and economic development, ensure that workers injured at work or suffering from occupational diseases receive medical treatment and economic compensation, and make a more objective and scientific technical appraisal of the degree of disability of workers injured at work or suffering from occupational diseases. Therefore, the labor ability appraisal grade and disability grade have been formulated. Limited to words, only one to five levels are listed:
A) level 1
1) extremely severe mental disorder;
2) Muscle strength of limbs ≤3 or quadriplegia ≤2;
3) Paraplegia above neck 4, muscle strength ≤ 2;
4) Severe dyskinesia (non-limb paralysis);
5) Severe facial disfigurement accompanied by one of the secondary disabilities in Table B. 2;
6) Severe scar formation of the whole body, accounting for more than 90% of the body surface area, accompanied by the basic loss of motor function of the main joints of the spine and limbs;
7) Loss or complete loss of function above elbow joint;
8) High loss of both lower limbs and high loss of one upper limb;
9) Severe scar deformity of both lower limbs and one upper limb, loss of activity function;
10) Both eyes have no light perception or only light perception, but the light positioning is not accurate;
1 1) The lung function is seriously damaged, and the breathing difficulty is Grade IV, which requires lifelong dependence on mechanical ventilation;
12) bilateral lung or heart-lung transplantation,
13) small bowel resection ≥ 90%;
14) orthotopic liver transplantation after hepatectomy;
15) orthotopic liver transplantation for biliary tract injury;
16) total pancreatectomy;
17) uremia stage of renal insufficiency after bilateral nephrectomy or solitary nephrectomy, dialysis maintenance or renal transplantation,
18) pneumoconiosis stage Ⅲ with severe lung function injury and/or severe hypoxemia [PO2
Kpa (40 mm Hg)];
19) Other occupational lung diseases, accompanied by severe lung function damage and/or severe hypoxemia [PO2
mmHg)]；
20) After radiation pneumonia, pulmonary fibrosis with severe hypoxemia [PO2
2 1) Occupational lung cancer with severe lung function injury;
22) Occupational hepatic angiosarcoma with severe liver function damage;
23) Liver cirrhosis with esophageal vein rupture and bleeding, with severe liver function damage;
24) In uremia stage of renal insufficiency, the clearance rate of endogenous creatinine increased continuously; 707 ml/L (8 mg/dl).
Note: 2 in PO2 is the lower corner.
B) level 2
1) severe mental disorder;
2) Triplegia muscle strength grade 3;
3) Hemiplegia muscle strength ≤ Grade 2;
4) Paraplegia muscle strength ≤ Grade 2;
5) Muscle strength of hands with total paralysis ≤ 3;
6) Complete sensory or mixed aphasia;
7) Severe scar formation of the whole body, accounting for more than 80% of the body surface area, accompanied by limited movement of more than three joints of limbs;
8) Full face scar or skin graft with severe disfigurement;
9) bilateral forearm loss or complete loss of hands function;
10) loss of both lower limbs height;
1 1) scar deformity of both lower limbs, complete loss of function; '
12) Stiffness of knees and ankles in non-functional position;
13) above the knee;
14) complete loss of knee and ankle function;
15) The ipsilateral upper and lower limbs are scarred and deformed, and their functions are completely lost;
16) Four or more joints of limbs (shoulder, hip, knee and elbow) completely lose their functions;
17) One eye has or does not have light perception, and the corrected vision of the other eye is ≤0.02, or the visual field is ≤8% (or the radius is ≤ 5);
18) has no swallowing function and relies entirely on the stomach tube to eat;
19) bilateral complete clavicle defect;
20) Complete defect of bilateral inferior clavicle;
2 1) One side of the maxilla and the opposite side of the clavicle are completely defective with facial soft tissue defect >: 30 cm2 (note: 2 is square);
22) Unilateral pneumonectomy combined with thoracoplasty, dyspnea grade III;
23) cardiac insufficiency grade 3;
24) Esophageal reconstruction cannot be carried out after esophageal atresia or injury, and people eat by gastrostomy or jejunostomy;
25) 3/4 small bowel resection with short bowel syndrome;
26) 3/4 hepatectomy with severe liver function damage;
27) Portal hypertension triad or Budd-Chiari syndrome after liver trauma;
28) Severe liver function damage caused by biliary tract injury;
29) After subtotal pancreatectomy and pancreas transplantation;
30) After partial nephrectomy, renal insufficiency is decompensated;
3 1) Severe lung function injury and/or severe hypoxemia;
32) pneumoconiosis stage III with moderate lung function injury and/or moderate hypoxemia;
33) Pneumoconiosis stage II with severe lung function injury and/or severe hypoxemia [PO2 < 5.3 kPa (40 mmHg)]; (Note: 2 in PO2 is a subscript)
34) pneumoconiosis stage Ⅲ with active pulmonary tuberculosis;
35) Occupational lung cancer or pleural mesothelioma;
36) Occupational acute leukemia;
37) Acute severe aplastic anemia;
38) Chronic severe toxic liver disease;
39) Hepatic angiosarcoma;
40) In uremia stage of renal insufficiency, the clearance rate of endogenous creatinine is < 25ml/min or the plasma creatinine level is continuously > 450μ mol/l,
(5 mg/dl);
4 1) occupational bladder cancer;
42) Radiation tumor.
three-level
1) shows psychotic symptoms of dangerous or impulsive actors,
2) Persons who lack the ability to take care of themselves due to psychiatric symptoms;
3) Severe epilepsy;
4) Hemiplegia muscle strength level 3;
5) Paraplegia muscle strength level 3;
6) The muscle strength of bipedal paralysis is ≤ Grade 2;
7) Moderate dyskinesia (non-limb paralysis);
8) There are two or more complete apraxia, agraphia, agraphia and agnosia;
9) Severe scar formation of the whole body, accounting for more than 70% of the body surface area, accompanied by limited movement of more than two joints of limbs;
10) facial scar or skin graft ≥2/3 with moderate disfigurement;
1 1) One hand is missing and the other thumb is missing;
12) loss of thumb and forefinger or complete loss of function;
13) is missing an elbow;
14) The function of one hand is completely lost, and the function of thumb opposition of the other hand is lost;
15) One joint of hip and knee joint is missing or nonfunctional, and the flexion and extension of the other joint is less than 0 ~ 9;
16) One hip and knee joint is deformed and completely loses its function;
17) non-ipsilateral wrist and ankle deletion;
1s) scar deformity of upper and lower limbs on different sides, with complete loss of function;
19) One eye has or does not have light perception, and the other eye has corrected visual acuity ≤0.05 or visual field ≤ 16% (radius ≤10);
20) binocular corrected vision < 0.05 or visual field ≤ 16% (radius ≤10);
2 1) eyeball removal or orbital contents removal in one eye, and corrected vision in the other eye < 0. 1 or visual field ≤24% (or radius ≤15);
22) Breathing depends entirely on tracheal intubation or stoma;
23) dyspnea at rest or with only slight activity (laryngeal);
24) Complete defect of ipsilateral maxilla and mandible;
25) complete maxillary defect with facial soft tissue defect >: 30 cm2 (note: 2 is square);
26) complete mandibular defect with facial soft tissue defect >: 30 cm2 (note: same as above);
27) The defect of tongue exceeds 2/3 of the total tongue;
28) Unilateral pneumonectomy with thoracoplasty;
29) unilateral thoracoplasty, removing more than 6 ribs;
30) Unilateral pneumonectomy plus carina resection and plasty;
3 1) Unilateral pneumonectomy and reconstruction of great vessels with vascular substitutes;
32) Ⅲ degree atrioventricular block;
33) 2/3 hepatectomy with moderate liver function damage;
34) subtotal pancreatectomy, insulin dependence;
35) Unilateral nephrectomy, contralateral renal insufficiency in decompensated period;
36) Bilateral ureteral stricture and decompensated renal insufficiency;
37) Permanent ureterostomy;
38) Total cystectomy;
39) pneumoconiosis stage ⅲ;
40) pneumoconiosis stage II with moderate lung function injury and/or moderate hypoxemia;
4 1) pneumoconiosis stage Ⅱ complicated with active pulmonary tuberculosis;
42) Pulmonary fibrosis, moderate lung function damage and/or moderate hypoxemia after radiation pneumonia;
43) agranulocytosis;
44) Aplastic anemia;
45) Occupational chronic leukemia;
46) toxic hematopathy and myelodysplastic syndrome;
47) Toxic hematopathy, severe bleeding or platelet content ≤2× 10 10 (note: 10 to the power of 10)/l;
48) arsenic-induced facial cancer;
49) Radioactive panel cancer.
D) level 4
1) moderate mental retardation;
2) People who lack social skills due to psychotic symptoms;
3) Muscle strength of single limb paralysis ≤ Grade 2;
4) The muscle strength of partial muscle paralysis in both hands is ≤ Grade 2,
5) Muscle strength of one-handed paraplegia ≤ 2;
6) cerebrospinal fluid leakage with skull base bone defect can not be repaired or repeated operation failure;
7) Moderate facial disfigurement;
8) The scar area of the whole body is ≥60%, and the motor function of the main joints of limbs 1 joints is limited;
9) Facial scar or skin graft ≥ 1/2 with slight disfigurement;
10) Both thumbs are completely missing or have no function;
1 1) The function of one hand is completely lost and the function of the other hand is partially lost;
12) one side below the knee is missing, and the other side is missing the forefoot;
13) one side above the knee is missing;
14) One ankle is missing and the other foot is deformed, making it difficult to walk;
15) missing or no function below the knee;
16) One eye has or does not have light perception, and the other eye has corrected visual acuity < 0.2 or visual field ≤32% (or radius ≤ 20);
17) The corrected visual acuity of one eye is less than 0.05, and that of the other eye is less than or equal to 0. 1.
18) binocular corrected vision < 0. 1 or visual field ≤32% (or radius ≤ 20);
19) Binaural hearing loss ≥ 91db;
20) closed teeth or only liquid food due to esophageal stenosis;
2 1) unilateral maxillary defect 1/2 with facial soft tissue defect >: 20
Cm2 (Note: 2 is a square);
22) The length of subclavian defect is more than 6cm, accompanied by oral and facial soft tissue defects >: 20.
Square centimeter (note: 2 is a square)
23) bilateral temporomandibular joint ossification, completely unable to open mouth;
24) Buccal perforation defect > 20 cm2 (note: 2 is square);
25) Bilateral complete facial paralysis;
26) Unilateral pneumonectomy;
27) Bilateral lobectomy;
28) After lobectomy and thoracoplasty;
29) after lobectomy and carina plasty;
30) Unilateral lung transplantation;
3 1) after heart valve replacement;
32) cardiac insufficiency grade Ⅱ;
33) Patients with anastomotic stenosis after esophageal reconstruction can only eat liquid food;
34) Total gastrectomy;
35) pancreatectomy and duodenectomy;
36) 3/4 small bowel resection;
37) 2/3 small bowel resection, including ileocecal resection;
38) Total colectomy, rectal excision and ileostomy;
39) Severe defecation disorder or incontinence after trauma;
40) hepatectomy 2/3;
4 1) Hepatectomy12, liver function was slightly damaged;
42) Biliary tract injury leads to moderate damage to liver function;
43) Severe damage to thyroid function;
44) After renal repair, renal insufficiency is decompensated,
45) Decompensation of renal insufficiency after ureteral repair;
46) Permanent cystostomy;
47) Severe dysuria;
48) Neurogenic bladder with residual urine ≥50 ml;
49) Urethral stricture needs regular expansion;
50) bilateral adrenal defects;
5 1) bilateral ovariectomy for infertile women;
52) Pneumoconiosis Phase II;
53) pneumoconiosis stage I with moderate lung function injury or moderate hypoxemia;
54) pneumoconiosis stage I with active pulmonary tuberculosis;
55) Sick sinus syndrome (those who need to install pacemakers);
56) The function of adrenal cortex decreased obviously;
57) The immune function decreased obviously.
E) level 5
1) moderate epileptic pain;
2) quadriplegia muscle strength grade 4;
3) Muscle strength of single limb paralysis is grade 3;
4) The muscle strength of partial muscle paralysis in both hands is level 3;
5) One-handed paraplegia muscle strength level 3;
6) The muscle strength of bipedal paralysis is Grade 3;
7) Complete motor aphasia;
8) Complete apraxia, agraphia, agraphia and agnosia;
9) Incomplete apraxia, agraphia, agraphia, agnosia, etc. ;
10) the total body scar accounts for more than 50% of the body surface area, and the joint movement function is limited;
1 1) facial scar or skin graft ≥ 1/3 is one of the criteria for disfigurement;
12) Spinal fracture with scoliosis or kyphosis exceeding 30 degrees, accompanied by severe radicular neuralgia (based on electrophysiological examination);
13) One forearm is missing;
14) complete loss of primary function;
15) complete loss of function of one of the shoulder, elbow and wrist joints;
16) One hand is missing the thumb, and the other hand is missing three fingers except the thumb;
17) One hand has no thumb function, and the other hand has no three-finger function except thumb;
18) the forefoot is missing or scarred, and the function is completely lost;
19) double calcaneus plantar soft tissue defect scar formation, repeated rupture;
20) complete loss of function of one hip joint (or one knee joint);
2 1) lose points below one knee;
22) paralysis of the third pair of cranial nerves;
23. Patients who need drugs to maintain intraocular pressure after bilateral traumatic glaucoma surgery;
24) One eye has or does not have light perception, and the other eye has corrected visual acuity ≤0.3 or visual field ≤40% (or radius ≤ 25);
25) The corrected visual acuity of one eye is less than 0.05, and that of the other eye is less than or equal to 0.2 ~ 0.25;
26) The corrected visual acuity of one eye is less than 0. 1, and that of the other eye is equal to 0.1;
27) Binocular visual field ≤40% (or radius ≤ 25);
28) unilateral enucleation;
29) Binaural hearing loss ≥ 81db;
30) Difficulty in breathing during general activities and light work;
3 1) dysphagia, only semi-liquid food;
32) Bilateral recurrent laryngeal nerve injury and loss of laryngeal protection function lead to diet choking and aspiration;
33) unilateral maxillary defect > 1/4, but < 1/2 with soft tissue defect >; 10 cm2 (note: 2 is square), but less than 20cm2 (note: 2 is square);
34) The length of mandibular defect is more than 4 cm, accompanied by oral and facial soft tissue defect >: 10.
Cm2 (Note: 2 is a square);
35) tongue defect > 1/3, but less than 2/3;
36) Complete facial paralysis on one side and incomplete facial paralysis on the other side;
37) Bilateral lobectomy;
38) Lobectomy combined with vascular replacement to reconstruct great vessels;
39) carina resection and plasty;
40) Patients with anastomotic stenosis after esophageal reconstruction can only eat semi-liquid food;
4 1) esophagotracheal (or bronchial) fistula;
42) Esophageal pleural fistula;
43) gastrectomy 3/4;
44) Duodenal diverticulum;
45) 2/3 small intestine resection, including most ileum;
46) Rectal and * * * resection, partial colectomy and colostomy;
47) Hepatectomy1/2;
48) Pancreatectomy 2/3;
49) Severe damage to thyroid function;
50) Unilateral nephrectomy, compensatory period of contralateral renal insufficiency;
5 1) Unilateral ureteral stricture, compensatory stage of renal insufficiency;
52) Urinary fistula cannot be repaired;
53) bilateral testicular and accessory testicular defects;
54) Severe impairment of reproductive function;
55) Bilateral vas deferens defect cannot be repaired;
56) *** total defects;
57) Hysterectomy or partial hysterectomy for infertile women;
58) Bilateral oophorectomy for women of childbearing age;
59) Bilateral salpingectomy for infertile women;
60) *** atresia;
6 1) will * * scar twins with * * or urethral stricture;
62) Bilateral mastectomy for infertile women;
63) Moderate damage to lung function;
64) Moderate hypoxemia;
65) Mohs Ⅱ Ⅱ Ⅱ atrioventricular block;
66) Sick sinus syndrome (no pacemaker);
67) Toxic hematological diseases, thrombocytopenia (≤4 × 10 10 (note: 10 10 is 10) /L) and bleeding tendency; ;
68) Toxic hematopathy, where the white blood cell content is continuously lower than 3× 109 (note: 109 is the 9th power of 10) /L (< 3 000/mm3 (note: 3 is cubic)) or the granulocyte content is continuously lower than1.5.
69) chronic moderate toxic liver disease;
70) In the decompensated stage of renal insufficiency, the clearance rate of endogenous creatinine increased continuously.
& gt 177 μm ol/L(& gt； 2 mg/dl);
7 1) testicular atrophy caused by radioactive damage;
72) chronic severe phosphorus poisoning;
73) Severe arm vibration.
Is labor ability appraisal a disability grade appraisal? Work-related injury identification refers to the behavior that employees who apply for work-related injury identification are identified as work-related injuries, and the labor appraisal committee at or above the county level evaluates the disability level after their medical treatment ends or expires. In a broad sense, industrial injury appraisal includes labor ability appraisal and disability grade appraisal. In a narrow sense, industrial injury appraisal refers to disability grade appraisal. Labor ability appraisal, also known as labor appraisal, refers to the appraisal and evaluation made by the relevant departments in medicine when the labor ability is damaged to varying degrees due to various reasons in production, resulting in partial, most or complete loss of labor ability. Under normal circumstances, China's labor ability appraisal work is only responsible for the labor ability appraisal caused by work-related injuries or illnesses. Disability rating appraisal, also known as work-related injury disability assessment, is a judgment and assessment made by the Labor Appraisal Committee on the degree of loss of labor ability and nursing dependence of workers with work-related injuries or occupational diseases on the basis of Labor Ability Appraisal.
Appraisal of work ability of work-related injury and disability level (identification) 1) If an employee suffers from work-related injury and is affected by treatment, it shall be appraised.
2) Labor ability appraisal refers to the level appraisal of the degree of labor dysfunction and self-care dysfunction. Labor dysfunction is divided into 10 disability grade, the heaviest is 1 grade, and the lightest is1grade. Self-care obstacles are divided into three levels: life can't take care of itself at all, most life can't take care of itself, and some life can't take care of itself.
3) The employing unit, employees with work-related injuries or their immediate family members shall apply to the municipal labor ability appraisal committee with districts to provide relevant information on work-related injury identification and medical treatment for employees with work-related injuries.
4) The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time.
5) If the unit or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within 15 days from the date of receiving the appraisal conclusion.
6) After 1 year from the date of conclusion of labor ability appraisal, if the injured employee or his immediate family, the unit where he works or the agency thinks that the disability situation has changed, he may apply for re-appraisal of labor ability.
That's all. Are you satisfied?
Work-related hysteria labor ability appraisal grade? I suggest you go to the labor bureau where your unit is located to apply for appraisal. The reference basis is the Regulations on Industrial Injury Insurance, which has detailed provisions. If you don't understand, you can leave a message again.
If the labor ability appraisal fails to assess the superior, it is recommended to resume for half a year. How to find factory compensation 1 The employer who has not made the appraisal result of work-related injury shall still pay the medical expenses, the lost time and the appraisal fee.
2. Social Insurance Law
Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;
(2) Hospitalization food subsidies;
(three) transportation and accommodation expenses for medical treatment outside the overall planning area;
(four) the cost of installing and configuring assistive devices for the disabled;
(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;
(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;
(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;
(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;
(nine) labor ability appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries;
(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.