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How to apply for disability appraisal

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How to apply for disability appraisal


        

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  • 2024-06-14 12:00:49

    After the injury is stable, you can apply for disability appraisal. Generally speaking, disability appraisal can be issued within three months to half a year. This depends on the degree of damage. If the function recovers, the time will be delayed; If the damage is serious and cannot be recovered, the identification can be issued after three months. The labor disability grade is divided into one to ten grades according to the Appraisal of Labor Capacity - Classification of Disabilities Caused by Work related Injuries and Occupational Diseases. To assess the degree of injury, we must adhere to the principle of seeking truth from facts, and analyze the specific injury situation. The degree of injury includes the primary lesion at the time of injury, the complications directly related to the injury and the sequelae caused by the injury. During identification, comprehensive analysis and assessment shall be carried out according to the current condition of human injury and its consequences or outcomes. Employees who suffer from accidents or occupational diseases at work and receive medical treatment for work-related injuries shall be paid monthly by the unit to which they belong. The downtime leave with salary period is generally not more than 12 months. If the injury is serious or the situation is special, it can be extended appropriately after being confirmed by the municipal labor capacity appraisal committee of the community, but the extension shall not exceed 12 months. If an employee is identified as a Class I to Class IV disability due to work-related disability, he/she shall retain the labor relationship, quit his/her job, and enjoy the following benefits: First, pay a one-time disability subsidy. The standard is: Class I disability is 24 months' salary, Class II disability is 22 months' salary, Class III disability is 20 months' salary, and Class IV disability is 18 months' salary. 2、 The disability allowance shall be paid according to the following standards: 90% of my salary for Grade I disability, 85% of my salary for Grade II disability, 80% of my salary for Grade III disability, and 75% of my salary for Grade IV. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by the industrial injury insurance fund. 3、 After reaching the retirement age and going through retirement procedures, the disability allowance will be stopped and the basic pension insurance benefits will be enjoyed. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. Then we will extend this issue to the following: industrial injury is generally assessed by the labor appraisal committee above the county level after the medical treatment ends or the medical treatment expires. If an application for appraisal of labor capacity is made due to work-related injury, the employer, the injured worker or his close relatives or his entrusted attorney shall submit an application to the Municipal Labor Capacity Appraisal Committee within the following time limit: (1) If the identification of work-related injury has been made before the end of medical treatment, the application shall be submitted within 30 days after the end of medical treatment; (2) If the determination of work-related injury is made after the end of medical treatment, an application shall be submitted within 30 days after the determination of work-related injury; (3) An application for an appraisal of the recurrence of an old injury shall be submitted after the occurrence of the disease and before the end of treatment. In case of applying for the grade assessment and other appraisal of disability caused by illness or non work related disability, the application shall be submitted within the time limit specified by relevant regulations. One year after the conclusion of the labor capacity appraisal is made, if the injured worker or his close relatives, his unit or the social insurance agency believes that the disability situation has changed, they can apply to the Municipal Labor Capacity Appraisal Committee for reexamination and appraisal of labor capacity. If the appraised person or his close relatives file an application, the appraised person shall have completed the shortest medical treatment period for work-related injuries and his condition is relatively stable; If the employer applies separately, the appraised person shall have completed the longest medical treatment period for work-related injuries and the condition is relatively stable.

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    2024-06-14 12:00:49

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