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Legal provisions on labor ability appraisal
Legal subjectivity:
Relevant regulations on labor ability appraisal: "Regulations on Work-related Injury Insurance" Article 21 An employee who suffers a work-related injury will have a disability and affect his ability to work after treatment and the injury is relatively stable. , a labor ability appraisal should be carried out. Article 22 Labor ability appraisal refers to the graded appraisal of the degree of labor dysfunction and the degree of self-care impairment. Labor dysfunction is divided into ten disability levels, with the most severe being Level 1 and the lightest being Level 10. Impairments in self-care are divided into three levels: inability to take care of oneself at all, inability to take care of self in most of life, and inability to take care of self in part of life. Labor ability appraisal standards are formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council and other departments. Article 23 For labor ability appraisal, the employer, the injured employee or his or her immediate family member shall submit an application to the labor ability appraisal committee at the districted municipal level, and provide relevant information on the work injury identification decision and the employee's work injury medical treatment. Article 24 The labor ability appraisal committees of provinces, autonomous regions, and municipalities directly under the Central Government and the labor capacity appraisal committees of municipalities divided into districts shall consist of the labor and social security administrative departments, personnel administrative departments, and health administrative departments, It is composed of representatives of trade union organizations, handling agencies and employers. Article 25 After receiving the application for labor ability appraisal, the labor ability appraisal committee at the districted municipal level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall propose an appraisal Opinion. The district-level municipal labor capacity appraisal committee shall make a conclusion on the labor capacity appraisal of workers injured at work based on the appraisal opinions of the expert group; when necessary, it may entrust a qualified medical institution to assist in relevant diagnosis. The labor ability appraisal committee at the districted municipal level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application. If necessary, the period for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be delivered to the unit and individual applying for appraisal in a timely manner. Article 26 If the unit or individual applying for appraisal is dissatisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted municipal level, it may file a complaint with the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. Submit an application for re-appraisal. The labor ability appraisal conclusion made by the labor ability appraisal committee of the province, autonomous region, or municipality directly under the Central Government is the final conclusion. The above is the knowledge in this area compiled by the editor of the website for you. Our country’s laws have relevant regulations specifically for labor ability appraisal. I hope everyone can learn more about the laws and regulations related to their own interests. If you still have any legal questions, you can go to the Internet to find a lawyer for professional guidance. Legal objectivity:
Working ability appraisal refers to a worker’s work-related injuries or non-work-related injuries, diseases and other reasons that have varying degrees of impact on his or her ability to work and live. At the request of the unit, employee or relative, medical experts will be organized to assess labor ability and determine the degree of labor dysfunction and self-care impairment of the worker in accordance with the standards set by the state, the relevant policies of labor security, and the methods and means of medical science and technology. a comprehensive assessment system. According to the provisions of Article 21 of the "Regulations on Work-related Injury Insurance", if an employee suffers a work-related injury and becomes disabled and affects his ability to work after treatment and the injury is relatively stable, he must undergo a work ability appraisal. According to the provisions of Article 23 of the "Regulations on Work-related Injury Insurance", the employer, the injured employee or his close relatives shall submit an application to the district-level municipal labor ability appraisal committee and provide the work-related injury identification decision and the employee's work-related injury medical treatment. Relevant information. The standard for labor ability appraisal is the standard for labor ability appraisal and the standard for determining the disability level of workers injured at work. According to the relevant provisions of the "Regulations on Work-related Injury Insurance", the labor ability appraisal standard is determined by the social insurance administration department of the State Council in conjunction with the health administration of the State Council. Departments and other departments formulated.
During the suspension period, the original wages and benefits will remain unchanged and will be paid monthly by the employer. After an employee injured at work is assessed as having a disability level, the original benefits will be suspended and he will enjoy disability benefits in accordance with the relevant provisions of the "Regulations on Work-related Injury Insurance". If an employee injured at work still needs treatment after the expiration of the period of suspension of work and salary retention, he or she will continue to enjoy medical treatment for work-related injuries. If a work-injured employee who cannot take care of himself needs care during the period of suspension of work and salary retention, the employer shall be responsible for it. 6. What is the daily care fee? What is the standard of the daily nursing fee? The daily nursing fee refers to the work-related injury insurance agency that pays the fee from the work-related injury insurance fund if the employee who is injured at work has been assessed as disabled and confirmed by the labor ability appraisal committee as needing daily care. Monthly payment for living care assistance.
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