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What to do next when the appraisal result of labor capacity is found

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What to do next when the appraisal result of labor capacity is found


        

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  • 2024-06-16 22:00:48

    1. After getting the conclusion of labor capacity appraisal, the next step is to apply for industrial injury insurance compensation.

    Compensation process of industrial injury insurance

    (1) The unit shall report the work-related injury to the Labor Bureau within 30 days after the accident, apply for labor capacity appraisal after the work-related injury certificate is available, and then the work-related injury insurance institution shall compensate.

    (2) If the unit fails to declare within 30 days: the injured employee shall apply to the local labor bureau for identification of work-related injury within one year after the accident, apply for identification of labor capacity after obtaining the identification of work-related injury, and apply for compensation to the work-related injury insurance institution according to the level of disability after the identification results are available.

    2. If the unit fails to pay work-related injury insurance for employees: the unit shall make compensation according to the standards specified in the Regulations on Work related Injury Insurance, and the procedures for applying for work-related injury identification and labor capacity appraisal are the same as above.

    3. Regarding the application for industrial injury determination and claim for industrial injury compensation: if consultation fails, it can be submitted to labor arbitration for settlement.

    Legal basis

    Article 37 of the Regulations on Work related Injury Insurance, if an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits:
    (1) A one-time disability subsidy will be paid from the industrial injury insurance fund according to the level of disability. The standard is: Level 7 disability is my salary for 13 months, Level 8 disability is my salary for 11 months, Level 9 disability is my salary for 9 months, and Level 10 disability is my salary for 7 months;
    (2) If the labor or employment contract expires or the employee himself proposes to terminate the labor or employment contract, the one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance fund, and the one-time employment subsidy for disability shall be paid by the employer. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disabled persons shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

    Wei***

    2024-06-16 22:00:48

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