In combination with the provisions of the Regulations on Industrial Injury Insurance, after being identified as an industrial injury and the injury is stable, you can apply to the labor capacity appraisal committee for labor capacity appraisal. The labor capacity appraisal committee shall make the conclusion of labor capacity appraisal within 60 days from the date of accepting the application; If necessary, it can be extended for 30 days. That is, it will take up to 90 days after the acceptance of labor capacity appraisal.
 List of contents of this article:
 1. How long is the general industrial injury appraisal? 2. Is the industrial injury not recognized for industrial injury appraisal? 3. What is the first level disability standard for migrant workers with industrial injury
 How long is the general industrial injury appraisal
 After being identified as work-related injury and the injury is stable, you can apply to the labor capacity appraisal committee for labor capacity appraisal. The labor capacity appraisal committee shall make the conclusion of labor capacity appraisal within 60 days from the date of accepting the application; If necessary, it can be extended for 30 days. That is, it will take up to 90 days after the acceptance of labor capacity appraisal.
 Legal basis: Regulations on Industrial Injury Insurance
 Article 25 After receiving the application for labor capability appraisal, the labor capability appraisal committee of a city divided into districts shall randomly select three or five relevant experts from its medical and health expert database to form an expert group, and the expert group shall put forward appraisal opinions. The labor capacity appraisal committee of the city divided into districts shall make the appraisal conclusion of the labor capacity of the injured workers according to the appraisal opinions of the expert group; When necessary, qualified medical institutions can be entrusted to assist in relevant diagnosis.
 The labor capacity appraisal committee of a city divided into districts shall make a conclusion on labor capacity appraisal within 60 days from the date of receiving the application for labor capacity appraisal. If necessary, the time limit for making a conclusion on labor capacity appraisal may be extended by 30 days. The conclusion of the appraisal of labor capacity shall be delivered to the unit and individual applying for appraisal in a timely manner.
 Did you not recognize that the industrial injury can be identified
 1. No. According to the provisions of Article 23 of the Regulations on Work related Injury Insurance, the employer, the injured worker or their close relatives shall apply to the labor capacity appraisal committee of the city divided into districts, and provide the decision on the identification of work-related injuries and the relevant information on the medical treatment of work-related injuries.
 2. The identification of work-related injury is a prerequisite for the identification of labor capacity (identification of the level of work-related injury and disability). If there is no identification of work-related injury, the Labor Capacity Appraisal Committee will not accept your application for identification.
 3. According to the provisions of Article 8 of the Administrative Measures for the Appraisal of the Workability of Workers Injured at Work, when applying for the appraisal of the workability, an application form for the appraisal of the workability shall be filled in and the following materials shall be submitted:
 （1） The original and photocopy of the Letter of Determination of Work Injury;
 （2） Complete medical records such as valid diagnosis certificates, inspection and inspection reports copied or copied according to the relevant regulations of medical records management of medical institutions;
 （3） The original and photocopy of the resident identity card or social security card and other valid identity certificates of the injured worker;
 （4） Other materials specified by the Labor Capacity Appraisal Committee.
 4. As there may be differences in specific operations in different regions, it is recommended to call 12333 for consultation before handling.
 What is the first level disability standard for migrant workers
 1) Extremely severe intellectual impairment;
 2) Muscle strength of quadriplegia ≤ grade 3 or three limb paralysis ≤ grade 2;
 3) Paraplegia above neck 4, muscle strength ≤ grade 2;
 4) Severe dyskinesia (non limb paralysis);
 5) Severe facial disfigurement accompanied by one of the secondary disabilities in Table B.2;
 6) Systemic severe scar formation, accounting for ≥ 90% of the body surface area, accompanied by basic loss of movement function of the spine and major joints of the limbs;
 7) Loss of both elbow joints or complete loss of function;
 8) High loss of both lower limbs and high loss of one upper limb;
 9) Severe scar deformity of both lower limbs and one upper limb, and loss of movement function;
 10) No light sense in both eyes or only light sense but inaccurate light positioning;
 11) Severe lung function injury and dyspnea grade IV require lifelong dependence on mechanical ventilation;
 12) Bilateral lung or heart lung transplantation;
 13) Small bowel resection ≥ 90%;
 14) Orthotopic liver transplantation after hepatectomy;
 15) Orthotopic liver transplantation with biliary tract injury;
 16) Total pancreatectomy;
 17) After bilateral nephrectomy or solitary nephrectomy, the uremic stage of renal insufficiency after dialysis maintenance or homologous kidney transplantation.
 18) Stage III pneumoconiosis with severe lung function injury and/or severe hypoxemia [po2<5.3 kPa (40 mmHg)];
 19) Other occupational lung diseases with severe lung function injury and/or severe hypoxemia (PO2<5.3 kPa (40 mmHg));
 20) After radiation pneumonia, more than two lobes of pulmonary fibrosis with severe hypoxemia (po2<5.3 kPa (40 mmHg));
 21) Occupational lung cancer with severe lung function injury;
 22) Occupational hepatic angiosarcoma, severe liver function damage;
 23) Liver cirrhosis with esophageal vein rupture and bleeding, severe liver function damage;
 24) In the uremic stage of renal insufficiency, the endogenous creatinine clearance rate continued to be<10 mL/min, or the plasma creatinine level continued to be>707} imal/L (8 mg/dL).
 Article 35 of the Regulations on Work related Injury Insurance: 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:
 （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 I disability is my salary of 27 months, Level II disability is my salary of 25 months, Level III disability is my salary of 23 months, and Level IV disability is my salary of 21 months;
 （2） The disability allowance is paid monthly from the industrial injury insurance fund. The standard is: 90% of my salary for Grade I disability, 85% for Grade II disability, 80% for Grade III disability, and 75% for Grade IV disability. 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 the injured workers reach retirement age and go through retirement procedures, they will stop paying disability allowance and enjoy basic pension insurance benefits in accordance with relevant national regulations. If the basic old-age insurance benefits are lower than the disability allowance, the difference shall be made up by the industrial injury insurance fund.
 If the work-related disability of an employee is identified as Grade I to Grade IV disability, the employer and individual employee shall pay basic medical insurance premiums based on disability allowance.
 The identification standard of work-related injury of migrant workers is divided into ten grades. From Grade 1 to Grade 10, the degree of disability is gradually reduced, but it is also unfortunate for migrant workers. If you need to, you can refer to the articles of the small editor to determine the level of disability, so as to prepare for the compensation for work-related injuries later. Of course, the final results should be subject to the identification of professional institutions. There are online lawyers. If you have any doubts, you are welcome to consult at any time.
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