Re-examination and appraisal of labor ability

Legal analysis: the re-examination and appraisal of labor ability refers to the injured workers who have been appraised by the labor ability appraisal Committee. 1 year later, they think that the disability situation has changed and apply to the labor ability appraisal Committee for re-appraisal. The labor ability appraisal committee conducts appraisal according to the national standards, and makes the conclusion of labor ability appraisal.

Legal basis: Article 28 of the Regulations on Work-related Injury Insurance, the applicants who have the right to put forward the re-examination and appraisal of labor ability mainly include: 1. Workers with work-related injuries or their immediate family members. Workers who are injured by accidents at work are recognized as work-related injuries, and after their labor ability appraisal, they begin to enjoy work-related injury insurance benefits. After 1 year, if the employee thinks that the labor ability is lower than the conclusion of labor ability appraisal, and it brings great inconvenience to work and life, he can apply for re-examination and appraisal of labor ability. In addition, the change of laborers' labor ability will have a direct or indirect impact on the lives of their immediate family members. The weakening or loss of workers' labor ability may lead to their immediate family members having no source of livelihood, and at the same time increase the nursing burden of workers with work-related injuries. Changing the level of labor ability appraisal through re-examination and appraisal can reduce the economic burden of supporting immediate family members of injured workers, so immediate family members of injured workers also have the right to apply for re-examination and appraisal of labor ability.

2. The unit where the injured worker works. After the work-related injury is identified, the employer can arrange suitable jobs for the workers who can continue to work. However, after a period of time, the employer thinks that the degree of disability of the injured employee has changed, and its labor ability is no longer competent for the original job, or for other reasons, it can apply for re-examination and appraisal of the labor ability of the injured employee.

3. Agency. After the work-related injury worker's labor ability appraisal is qualified, the agency shall pay the work-related injury insurance benefits to the work-related injury worker according to the conclusion of the work-related injury appraisal. The change of work ability of workers with work-related injuries directly affects the payment of benefits, and workers with work-related injuries should enjoy work-related injury insurance benefits commensurate with their work ability. Especially for employees whose working ability has been greatly improved, it is unfair to the industrial injury insurance fund and other insured persons if they still enjoy the treatment of industrial injury insurance according to the previous conclusions of industrial injury appraisal. Therefore, the Regulations on Work-related Injury Insurance gives the agency the right to apply for re-examination and appraisal of labor ability.