1, corresponding to different applicants, the disability appraisal can only be applied by the injured person himself, while the work injury appraisal is the employee himself, his close relatives or his unit, etc. ;
2. The preconditions for applying for appraisal are different. The prerequisite for disability identification is to provide traffic accident responsibility confirmation of the transportation department; The premise of applying for work-related injury identification is that a work-related injury identification decision issued by the social insurance administrative department has been obtained;
3. The legal basis, relevant contents and application materials to be submitted are different. The legal basis of disability appraisal is the injury appraisal of people injured in traffic accidents, and the legal basis of work-related injury appraisal is the Regulations on Work-related Injury Insurance and the Degree of Disability and Occupational Diseases of Workers Injured at Work.
legal ground
Regulations of People's Republic of China (PRC) Municipality on Industrial Injury Insurance
Article 1 These Regulations are formulated in order to ensure that employees who suffer from accidents or occupational diseases at work receive medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the risk of work-related injuries of employers. Work injury identification
Work-related injury identification is a qualitative administrative confirmation by the labor administrative department according to the authorization of law whether the injury (or occupational disease) to employees belongs to work-related injury or is regarded as work-related injury.
Qualitative process to identify the behavior of the infringing subject caused by improper operation or other reasons during work or deemed work. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.
Work-related injury identification only determines whether the injured person belongs to work-related injury, and can be handled by the provisions of work-related injury insurance. The specific compensation standard is uncertain.
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Prison labor ability
Labor ability appraisal is to determine the degree of labor ability loss through the appraisal of a person's ability to engage in physical labor.
Loss of working ability is divided into: (1) partial loss of working ability. Although such people are weak, have organ dysfunction or physical disability due to injuries, they can still do some light or hard work. (2) completely losing the ability to work. Because of injuries, such people can no longer engage in any high-intensity work, and even need to be taken care of by others in their daily lives. Labor ability appraisal is a complex and arduous work, involving medical and ethical knowledge. It is made on the basis of clear appraisal standards and comprehensive analysis of patients' illness according to relevant national policies and regulations.
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Disabled person identification
Disability appraisal refers to the appraisal of the degree of disability after injury.
The scope of disability appraisal includes traffic accident disability, industrial accident disability, accidental injury disability and combat disability. Generally, the judicial department (such as traffic police force, police station and court) conducts corresponding disability appraisal according to the relevant admission records provided by the hospital or entrusts a disability appraisal institution.
The final result of evaluation is to calculate and determine the compensation amount of personal injury compensation cases. It is common in traffic accident disputes and disputes over the right to life, health and body.
What's the difference
After the accident, many parties did not know that industrial injury compensation and personal injury compensation are two completely different compensation items and legal relationships. Failure to distinguish the two and determine the corresponding ones in time led to failure to claim some reasonable compensation in time.
Because both labor ability appraisal and disability assessment need to be carried out at the right time, if the time is missed, it may cause unrecognizable situations.