Work-related injury appraisal is the behavior of the labor appraisal committee at or above the county level to evaluate the disability level of employees who apply for work-related injury appraisal after the medical treatment of employees ends or expires.

In a broad sense, industrial injury appraisal includes labor ability appraisal and disability grade appraisal. In a narrow sense, industrial injury appraisal refers to disability grade appraisal.

Labor ability appraisal, also known as labor appraisal, refers to the appraisal and evaluation made by the relevant departments in medicine when the labor ability is damaged to varying degrees due to various reasons in production, resulting in partial, most or complete loss of labor ability. Under normal circumstances, China's labor ability appraisal work is only responsible for the labor ability appraisal caused by work-related injuries or illnesses.

Disability rating appraisal, also known as work-related injury disability assessment, is a judgment and assessment of the degree of work-related injury or occupational disease disability and the degree of dependence on nursing made by the labor appraisal committee based on the appraisal of the degree of disability of work-related injury and occupational disease employees, on the basis that the technical group of labor ability appraisal believes that workers with work-related injuries need assessment. A * * * has ten levels.

There are both connections and differences between labor appraisal and work-related injury identification. In essence, labor appraisal is the basis of industrial injury identification. Procedurally speaking, it is to identify first and then evaluate the disability. From the scope, labor appraisal is bigger, that is, in addition to the appraisal of work-related injuries (including occupational diseases), it also includes the appraisal of temporary or permanent loss of working ability due to illness or non-work-related injuries. Its main function is to identify the temporary or permanent loss of working ability of workers from medical aspects. The assessment of industrial injury and disability is relatively more professional and strict, and its role is to identify the permanent loss of labor ability of workers with industrial injury and occupational diseases. Their working procedures and judgment basis are also different. However, for obvious work-related injuries (including occupational diseases), work-related injury and disability assessment can be carried out at the same time as labor appraisal.

Second, the significance

First of all, work-related injury appraisal is the basis and premise of paying work-related injury benefits. Like the definition of work-related injury, work-related injury appraisal is also the basic work and important link of work-related injury insurance management;

Secondly, the identification of work-related injuries can provide a scientific basis for compensation for occupational injuries, reasonable job transfer and return to work. Different degrees of loss of ability to work may make workers unable to engage in their normal occupations or jobs, or may lead to inability to engage in any work, thus bringing occupational risks to wage earners. The identification of work-related injuries can provide a legal basis for workers who have suffered occupational injuries to safeguard their legitimate rights and interests, and provide a basis for ensuring that workers with work-related injuries and disabilities enjoy the right to material assistance and the basic employment rights stipulated in the Constitution of our country.

Third, the labor appraisal institution

The organization form of labor appraisal institutions is generally "labor appraisal committee", which is called "labor appraisal group" in some small and medium-sized enterprises. So far, all cities and counties in China have basically established labor appraisal committees, and more than 20 provinces, autonomous regions and municipalities directly under the Central Government have established provincial labor appraisal committees. The labor appraisal committee at or above the county level is generally composed of the competent leaders of labor, health, personnel and other administrative departments and trade unions. A few comrades from local price departments, civil affairs departments and directors of large hospitals also attended. The directors of labor appraisal committees are mostly the competent leaders of labor administrative departments or the heads of municipal and county governments.

The responsibilities of the labor appraisal committees at the provincial, city and county levels are different, which are roughly divided as follows:

1, responsibilities of labor appraisal committees at the provincial (autonomous regions and municipalities directly under the Central Government) level:

(1) Implement the national policies, regulations and rules on labor appraisal;

(two) to formulate the rules and regulations of labor appraisal in this area;

(3) to provide professional guidance to the work of labor appraisal institutions at all levels in the province;

(4) handling difficult and controversial labor appraisal cases reported by all provinces and municipalities.

2, the prefecture (city) level labor appraisal committee responsibilities:

(1) Implement the policies, regulations and rules of the higher authorities on labor appraisal;

(two) to formulate the work system of labor appraisal at the corresponding level;

(three) to provide business guidance for the work of labor appraisal at lower levels;

(4) If the retirement expenses of the prefecture (city) are co-ordinated, the employees who are completely disabled due to work shall be identified and approved;

(five) handling difficult and controversial labor appraisal cases reported by the county (county-level city) or the enterprise labor appraisal committee.

3, county (county-level city) labor appraisal committee responsibilities:

(1) Implement the policies, regulations and rules of the higher authorities on labor appraisal;

(two) to formulate the work system of labor appraisal at the corresponding level;

(three) to provide professional guidance to the labor appraisal work of the units directly under the county;

(4) According to relevant regulations, conduct labor appraisal for employees of county-owned units that need labor appraisal.

4, enterprise labor appraisal committee (Group) responsibilities:

(1) Carry out the policies, regulations and rules of the higher authorities on labor appraisal;

(2) Collect, sort out and save information about employee casualty accidents and occupational diseases, and establish and improve employee health files and work-related injury files;

(3) Prepare the required materials for reporting, and do a good job in reporting labor appraisal cases;

(4) Assist enterprises to manage the injured, sick and disabled employees.

Fourth, the working principle

The working principles of the labor appraisal committee are as follows:

1, to deal with the relationship between medical labor appraisal and short disability grade. It is necessary to employ experienced medical experts with good medical ethics and medical labor appraisal qualifications to form an appraisal technical team, and resolutely put an end to the phenomenon of one-person appraisal;

2, to seriously implement the labor appraisal standards, in strict accordance with the policy, according to the prescribed procedures for identification;

3, establish and improve the labor appraisal files. Including the establishment of employee health files and work-related injury files, and the unified issuance of cards, forms, disability certificates, etc.

4, safeguard the legitimate rights and interests of workers. The work of labor appraisal is related to the workers' rights and interests such as work injury treatment, old-age insurance, medical treatment for diseases and employment. Labor appraisers shall safeguard the legitimate rights and interests of employees and shall not harm the interests of employees.

5. Adhere to the principle of serving enterprises. Labor appraisal should create conditions for enterprises to change their management mechanism, solve problems for enterprises, do everything possible to reduce the social burden borne by enterprises, create a good environment for enterprises to participate in competition and seek development, and enable enterprise leaders to concentrate on production and operation.

6. Adhere to the principle of objectivity and fairness. Labor appraisal should be based on facts and measured by policies and standards. The facts include location, time, reason, residual situation and past injury history. Policy refers to the relevant national policies, laws, regulations and rules. Standards refer to disability assessment standards and related medical technical standards. The appraisal conclusion should be determined by collective research and made public to employees in time. Only by adhering to this principle can we resist unhealthy tendencies, overcome subjective arbitrariness and ensure the objectivity, fairness and rationality of labor appraisal. Labor appraisers should implement the avoidance system.

The general requirements are: based on facts, measured by policies and standards; Qualitative correctness and quantitative accuracy; Timely, fair and reasonable; Effectively safeguard the legitimate rights and interests of employees; Really serve the enterprise.

Labor appraisers should be responsible for the interests of the state, enterprises and employees, serve the people wholeheartedly, do a good job in labor appraisal, and combine labor appraisal with employees' ideological work; It is necessary to carry out labor appraisal with scientific spirit and meticulous attitude, and establish and improve strict working systems and procedures; We must adhere to the work style of seeking truth from facts, respect the facts, distinguish the severity according to the policy provisions and disability assessment standards, reasonably classify them, properly handle them, and avoid subjectivity and randomness; Adhere to the style of impartiality, impartiality, collective summary and democratic supervision, and eliminate all kinds of unhealthy practices that interfere with labor appraisal work; We should provide warm and thoughtful service, solve problems for employees and enterprises, and provide on-site service when necessary. We should not only make correct and reasonable conclusions, but also do a good job in ideological work and interpretation.

Verb (abbreviation of verb) labor appraisal procedure

Workers with work-related injuries who are cured during medical treatment for work-related injuries or whose injuries are in a relatively stable state, or who are still unable to work after the expiration of medical treatment, shall be appraised for their ability to work, their disability levels shall be assessed, and their disability status shall be reviewed regularly. Labor appraisal procedures are as follows:

1. The unit where the injured worker works fills in the application form for labor appraisal and applies for labor appraisal. Under special circumstances, employees can apply directly;

2. Provide the original medical records of diseases, injuries and disabilities in previous hospitalizations. In case of work-related injuries, it is required to provide work-related accident investigation reports and related materials; If it is an occupational disease, it is necessary to hold the diagnostic data provided by the occupational disease prevention institute (hospital) authorized by the health department; If you are mentally ill, you need to hold the diagnostic data of a mental hospital; Other circumstances, need to hold a convincing proof, reported to the labor appraisal committee;

3, the labor appraisal committee should carefully examine and approve the application and the attachment materials, and will not accept the incomplete information or the unknown situation;

4, to meet the conditions, unified arrangements for identification, and will identify the time, place, personnel in advance to inform the enterprise and related personnel;

5. The labor appraisal committee shall entrust a qualified medical and health institution or employ a qualified doctor to form an expert group to make a medical diagnosis of the persons who have lost their ability to work;

6, the expert group of disabled and sick workers, write a qualitative and quantitative diagnosis, by the labor appraisal committee to determine the level of disability, and awarded a certificate. The labor appraisal committee shall promptly notify the appraised enterprises and employees of the appraisal results;

7. If an employee refuses to accept the appraisal conclusion made by the labor appraisal committee, he may apply to the office of the local labor appraisal committee for review; If you are dissatisfied with the conclusion of the review, you may apply to the labor appraisal committee at the next higher level for re-appraisal. The final conclusion of the review appraisal is made by the provincial labor appraisal institution.

Workers with work-related injuries and their families who have disputes with the employing unit due to the declaration of work-related injuries shall be handled in accordance with the relevant provisions of labor disputes; Disputes with the labor administrative department or the industrial injury insurance agency shall be handled in accordance with the relevant laws and regulations of administrative reconsideration and administrative litigation.

Six, disability assessment criteria

The Appraisal of Workers' Injuries and Occupational Diseases (GB/T16180-1996) is the national standard for appraising disability levels.

Those who meet the disability assessment standards of Grade 1 to Grade 4 will lose their ability to work; Grade five to grade six means that most of them lose their ability to work; Grade seven to ten is partial loss of working ability.

Grade I: those who lose their organs or functions completely, other organs can't be replaced, have special medical dependence, and can't take care of themselves completely or mostly;

Grade II: those who have serious organ defects or deformities, serious dysfunction or complications, special medical dependence, or most of them can't take care of themselves;

Grade III: those who have serious organ defects or deformities, serious dysfunction or complications, special medical dependence, or some of them can't take care of themselves;

Grade 4: those with serious organ defects or deformities, serious dysfunction or complications, special medical dependence and self-care;

Grade five: most organs are defective or obviously deformed, with serious dysfunction or complications, generally dependent on medical treatment and taking care of themselves;

Grade 6: most of the organs are defective or obviously deformed, with moderate dysfunction or complications, generally dependent on medical treatment and taking care of themselves;

Grade 7: most organs are defective or deformed, with mild dysfunction or complications, general medical dependence and self-care;

Grade 8: partial organ defect, abnormal morphology, mild dysfunction, medical dependence, self-care;

Grade 9: those with partial organ defects, abnormal morphology, mild functional impairment, no medical dependence and self-care;

10: partial organ defects, abnormal morphology, no dysfunction, no medical dependence, and self-care. At the same time, according to the fact that work-related injuries and occupational diseases can affect every system and organ, and the disability assessment criteria should cover all major clinical disciplines, the clinical sciences similar or related to human organ systems are divided into five parts, namely:

One: neurology, neurosurgery and psychiatry;

Two: orthopedics, plastic surgery, burn department;

Three: ophthalmology, otolaryngology, stomatology;

Four: general surgery, thoracic surgery, urogenital department (including gynecology);

Part V: Internal medicine of occupational diseases.

The "standard" classification of residual emotions is determined according to organ defects, dysfunction, and dependence on medical care and nursing, and appropriate consideration is given to psychological obstacles or loss of quality of life caused by some special residual emotions.

Organ defect is the direct result of industrial injury, and it is also an important basis for the classification of disability standards, such as limb loss and organ removal. Skull defect, even if there is no dysfunction, is also a disability. Occupational diseases do not necessarily have organ defects.

The degree of dysfunction after industrial injury is related to the location and severity of organ defects, and the organ dysfunction caused by occupational diseases is related to the severity of diseases, which is an indispensable basis for the classification of disability standards. The judgment of dysfunction should be based on the physical examination results after the expiration of medical treatment. As for how to identify each kind of disability as the end of medical treatment, it needs to be determined one by one according to the disabled.

Medical dependence refers to people who can't be treated without drugs or other medical means after injury or illness. This is a problem that cannot be ignored in the classification of disability assessment standards. For example, epilepsy after trauma can not be separated from antiepileptic drugs, and diabetes after trauma can not be separated from insulin treatment.

Nursing dependence refers to people who are disabled due to injury, unable to take care of themselves, and need to rely on others to take care of them. It is a necessary content in the classification of disability assessment standards. The self-care scope of this Standard mainly includes the following five items:

(1) Eat; Turn over; Urine and urine; Dress and wash; Self-moving

(2) Nursing dependence is divided into three levels:

(3) Complete nursing dependence refers to those who can't take care of themselves, and all the above five items need nursing.

(4) Most nursing dependence refers to most people who can't take care of themselves, and three of the above five items need nursing.

(5) Partial nursing dependence refers to the person who cannot take care of himself in life and needs one of the above five items.

Psychological disorder refers to a special residual emotion that does not cause medical dependence on the basis of organ defect or dysfunction, but leads to psychological disorder or damages the quality of life of the disabled. This is a problem that cannot be ignored in the classification of disability assessment standards. Such as facial injury, scar disfigurement and sexual dysfunction after trauma. These consequences should be considered when evaluating residual feelings.

A certificate will be issued after the disability level is assessed. Disability rating does not implement the "lifelong system", and the labor appraisal committee must regularly review the disabled workers at work. If the disability changes, the level will also change accordingly. The labor appraisal committee shall, at any time, appraise disabled persons injured at work.

The level of disability is the main basis for determining the disability treatment and arranging the injured workers.