Do I need to perform labor capacity identification after work injury?

Can workers injured employees not identify without labor capacity?

Go to work directly if you do not perform labor ability

Will it affect work injury treatment?

About labor ability appraisal

You must know these knowledge points

What is labor ability appraisal?

Labor ability appraisal refers to the level appraisal of the degree of labor dysfunction and the degree of self -care disorder.

Labor dysfunction is divided into ten disability levels, the heaviest is first, the lightest is the ten levels.

The obstacles to self -care are divided into three levels: life cannot be taken care of at all, most of life cannot take care of themselves, and the life part cannot be taken care of.

The municipal -level labor capacity appraisal committee of the district shall make a labor capacity appraisal conclusion within 60 days from the date of receiving the application of labor capacity appraisal. If necessary, the term of the labor ability appraisal conclusion can be extended for 30 days. The conclusion of labor ability appraisal shall be delivered to units and individuals who apply for appraisal in a timely manner.

If the worker or its close relatives, the unit or the agency believes that the disability changes, the labor ability can be reviewed and approved by one year from the date of the laborer appraisal conclusion.

Do employees need to perform labor capacity identification?

According to the provisions of Article 21 of the "Work Injury Insurance Regulations":

If an employee occurs in work injury, if there is a disability and affecting the labor ability after the treatment of the injury, the labor ability shall be performed.

In other words, only when employees have disabled and affecting labor capabilities, they should be appraised for labor capacity.

If employees are only damaged by minor and do not affect the ability of labor, they do not need to be identified by labor capacity.

Refuse to perform labor ability identification

What are the consequences?

After the employee has a relatively stable injury, the labor ability should be identified.

Some workers' injured workers refused to conduct labor ability appraisal on the grounds that they had not cured and needed to continue treatment. This approach was wrong.

The laborership appraisal is the prerequisite for working injury employees to enjoy relevant treatment. Only by evaluating the disability level, the social insurance agency can issue a one -time disability subsidy, and the disability allowance.

According to Article 42 of the "Regulations on Work Injury Insurance": If you refuse to accept the laborer ability appraisal, stop enjoying the treatment of work injury.

In other words, the direct consequence of refusing to accept the appraisal of labor ability is that the workers who are injured cannot enjoy the benefits of work injury insurance, which is not conducive to protecting the legitimate rights and interests of the workers' own employees.

Employees' laborers appraisal results

What should I do if I have any objections?

The labor ability appraisal conclusion was made by the Labor Capacity Appraisal Committee based on the appraisal opinions determined by experts in related fields.

If employees do not recognize the conclusion of labor capacity appraisal, they can submit a re -appraisal application to the province, autonomous region, and municipalities within 15 days from the date of receiving the appraisal conclusion. The conclusion of the labor ability appraisal again is the final conclusion.

Source: Ministry of Human Resources and Social Security

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