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Can work-related injuries be identified as disability? Relevant laws and regulations

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Can work-related injuries be identified as disability? Relevant laws and regulations


        

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  • 2024-06-10 09:00:04

    In order to better deal with the legal problems that may occur in life, we need to learn some relevant legal knowledge. In order to help you better understand some relevant legal knowledge, this website has sorted out some of the legal contents related to employment injuries, such as whether disability identification can be done, and relevant legal provisions. Let's take a look at them together.

    List of contents of this article:

    1. Can disability appraisal be conducted for employment relationship injuries? 2. What appraisal should be conducted for industrial injuries? 3. How long is the appraisal time for industrial injuries

    Can employment injury be identified as disability

    Yes, if an employee is disabled due to employment activities, he/she can apply for disability appraisal. After determining the level of disability, he/she can determine how to make compensation.

    What appraisal should be carried out in case of industrial injury

    According to the Regulation on Industrial Injury Insurance, if an employee suffers from an industrial injury and is disabled and affects his/her ability to work after being treated for relatively stable injury, he/she shall be appraised for his/her ability to work.

    The appraisal of labor capacity refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disability.

    Labor dysfunction is divided into 10 levels of disability, the most serious is level 1, and the least serious is level 10.

    There are three levels of self-care barriers: completely unable to take care of themselves in life, mostly unable to take care of themselves in life, and partially unable to take care of themselves in life.

    The employing unit, injured workers or their close relatives shall submit an application to the labor capacity appraisal committee of a city divided into districts, and provide the decision on the identification of work-related injuries and relevant information on medical treatment for work-related injuries.

    How long is the identification time of work-related injury and disability

    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 apply to the Municipal Labor Capacity Appraisal Committee within the following time limit:

    (1) If the determination of work-related injury has been made before the end of medical treatment, an 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 labor capacity appraisal is made, the injured worker or his close relatives, his unit or the social insurance agency believe that the disability situation has changed.

    You 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.

    If an employee still has a disability after treatment and the condition is relatively stable, which affects his/her ability to work, an appraisal of disability should be carried out. Generally, the appraisal of disability grade is carried out when the medical treatment period for work-related injuries expires. However, if the medical treatment period has not expired, but the condition of the injured employee is relatively stable, the appraisal of disability grade can also be carried out. The situation and outcome of disability caused by industrial injury vary greatly. Due to the different nature of disability, health recovery status, and actual conditions of units and individuals, the medical treatment period determined for different individuals and different disabilities is different, so the best time for identification is also different. It is impossible to make specific introductions here, We can only give a general introduction to various kinds of disability situations. In practice, we need to make specific judgments according to the actual situation of individuals.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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