Question: Hello, lawyer, I was injured at the construction site, 7 ribs were broken, left front 3, 4, 5, left rear 8, 9, 10, 11, can I do disability appraisal? How many grades can you rate?
Generally speaking, disability appraisal institutions do not accept individual entrustment. If you entrust an appraisal institution to make a disability appraisal, and the appraisal is submitted to the court, the other party will generally not accept it. If an employee is cured or in a relatively stable condition during the medical treatment period for work-related injuries, or is still unable to work after the medical treatment period expires, he/she shall carry out an appraisal of his/her ability to work, assess the level of disability, and regularly review the disability status. The labor appraisal procedure is as follows: 1. The unit where the injured employee works shall fill in the Application Form for Labor Appraisal and apply for labor appraisal. Under special circumstances, employees can apply directly; 2. Provide the original medical records of previous hospital treatment of diseases, injuries and disabilities. If the disability is due to work, it is necessary to hold the investigation report of work injury accidents and relevant materials; If it is an occupational disease, it is necessary to hold the diagnostic data provided by the occupational disease prevention and control institute (hospital) authorized by the health department; If the patient is mentally ill, the diagnostic data of the mental hospital shall be presented; In other cases, a persuasive certificate shall be submitted to the labor appraisal committee; 3. The labor appraisal committee shall carefully examine and approve the application and attachment materials, and reject those with incomplete materials or unclear conditions; 4. If the conditions are met, the identification shall be arranged uniformly, and the time, place and personnel of the identification shall be notified to the enterprise and relevant personnel in advance; 5. The labor appraisal committee shall entrust a qualified medical and health institution or employ a qualified doctor to form an expert group to make a medical diagnosis of the incapacity of the appraised person; 6. The expert group shall write qualitative and quantitative diagnosis opinions on the condition of disabled and sick workers, and the labor appraisal committee shall determine the level of the injury, disease or disability and issue a grade certificate. The labor appraisal committee shall timely notify the enterprise and the appraised employees of the appraisal results; 7. If the employee is not satisfied with the appraisal conclusion made by the labor appraisal committee, he or she can apply to the local labor appraisal committee office for reexamination; If they are not satisfied with the review conclusion, they can apply to the labor appraisal committee at the next higher level for re appraisal. The final conclusion of the reexamination appraisal shall be made by the provincial labor appraisal institution. In case of a dispute between the injured worker and his/her family members and the employer due to the declaration of industrial injury, the relevant provisions on labor disputes shall apply; In case of any dispute with the labor administrative department or the industrial injury insurance agency, it shall be handled in accordance with the relevant laws and regulations on administrative reconsideration and administrative litigation.
