Work-related injury identification process
(1) filing an application
Workers injured at work, disabled after treatment affect the labor force, or stop work with pay expires (including the extended time confirmed by the labor ability appraisal committee), the injured workers or their employers shall apply for labor ability appraisal to the municipal labor ability appraisal committee with districts.
(2) Submit relevant materials.
To apply for labor ability appraisal, an application form for labor ability appraisal shall be filled in and the following materials shall be submitted:
1, the original and photocopy of the work-related injury determination decision;
2. A valid diagnosis certificate, a copy in line with the relevant provisions of medical record management or complete medical records such as re-inspection and inspection reports;
3. The original and photocopy of the valid identity certificate such as the resident ID card or social security card of the injured worker;
4, other materials stipulated by the labor ability appraisal committee.
(three) the labor ability appraisal committee audit
After receiving the application for labor ability appraisal, the labor ability appraisal committee shall examine the materials submitted by the applicant; If the materials provided by the applicant are incomplete, the labor ability appraisal committee shall, within five working days from the date of receiving the application for labor ability appraisal, inform the applicant in writing of all the materials that need to be corrected.
If the information provided by the applicant is complete, the labor ability appraisal committee shall organize the appraisal in time, and make the conclusion of labor ability appraisal within 60 working days from the date of receiving the application for labor ability appraisal. If the injury is complex and involves multiple medical and health professions, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days.
(4) Expert appraisal
According to the injury, the labor ability appraisal committee randomly selects 3 or 5 experts from the expert database of medical and health institutions to form an expert group for appraisal.
The labor ability appraisal committee shall, within 20 days from the date of making the appraisal conclusion, timely deliver the appraisal conclusion to the injured workers and employers, and send a copy to the social insurance agency.
Workers or employers who are injured at work are dissatisfied with the initial appraisal conclusion, and 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 cost of work-related injury appraisal shall be paid in advance by the workers who apply for disability grade appraisal. It should be noted that the appraisal institution of work-related injury disability grade appraisal must be an authoritative judicial appraisal institution. After the professional appraiser completes the appraisal, he must issue an appraisal opinion, which must be signed by the appraiser himself and stamped with the official seal of the appraisal institution.
Legal basis:
According to Article 37 of the Regulations on Work-related Injury Insurance, employees who are disabled due to work are identified as seven to ten levels of disability and enjoy the following benefits:
(1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.