Legal analysis: 1. Comprehensive determination: Based on the organ damage, dysfunction and the degree of dependence on medical treatment and daily life care at the time of technical appraisal of the disability grade of the person who was injured at work, with due consideration to the impact of psychosocial factors caused by the disability, the degree of disability will be comprehensively determined and graded.
2. Organ damage: organ damage is the direct consequence of work injury, but occupational diseases do not necessarily have organ defects.
3. Functional disorders: the degree of functional disorders after work injury is related to the location and severity of organ defects, and the functional disorders of organs caused by occupational diseases are related to the severity of the diseases. The determination of functional impairment shall be based on the results of the medical examination at the time of the technical appraisal of the grade of disability, and shall be determined on a case-by-case basis in accordance with the object of the assessment of disability.
4. Medical dependence
Medical dependence determination classification
a) special medical dependence refers to the necessity of receiving special medication, special medical equipment or devices for treatment for life after the work injury has resulted in disability;
b) general medical dependence refers to the necessity of receiving long term or lifelong medication even after the work injury has resulted in disability.
5. Self-care Disorders
The scope of self-care mainly includes the following five items
a) eating: completely unable to eat on their own, and need to rely on the help of others;
b) turning over: not able to turn over on their own;
c) urination: not able to move on their own, and need to rely on the help of others for defecating and urinating;
d) dressing, washing and washing up : unable to dress and wash by himself, totally dependent on others for help;
e)Autonomous movement: unable to walk around on his own.
There are three levels of dependence on nursing care
a) total self-care disorder: completely unable to take care of themselves, and need nursing care for all the five items mentioned above;
b) most of the self-care disorder: mostly unable to take care of themselves, and need nursing care for three or four out of the five items mentioned above;
c) partial self-care disorder: partially unable to take care of themselves, and needing nursing care for one or two out of the five items mentioned above. or two require nursing care.
Legal basis: "Regulations of the People's Republic of China on Work-Related Injury Insurance"
Article 14 Employees shall be recognized as having sustained a work-related injury if one of the following circumstances exists:
(a) they suffer an accidental injury due to work-related reasons during working hours and in the workplace;
(b) they suffer an accidental injury while engaged in preparatory or final work related to work, before or after working hours, at the workplace; (c) they suffer an accidental injury when engaged in preparatory or final work related to work. (c) Injured in an accident during working hours and in the workplace as a result of violence in the performance of work duties;
(d) Suffering from an occupational disease;
(e) Injured in a work-related accident or unaccounted for in an accident while away from home for work;
(f) Suffered a traffic accident or urban railroad accident while traveling to or from work for reasons for which the employee is not primarily responsible;
(g) Suffered an accident in a traffic accident or urban railroad accident in which the employee is not primarily responsible for the accident; and (f) Injured in a traffic accident or an accident in urban rail transit, passenger ferry or train for which he or she is not primarily responsible;
(g) In other cases which shall be regarded as work-related injuries as stipulated by laws and administrative regulations.
Article 22: The appraisal of labor capacity refers to the grade appraisal of the degree of impairment of labor function and the degree of impairment of self-care in life.
Labor function impairment is divided into ten disability grades, with the heaviest being grade one and the lightest being grade ten.
There are three levels of impairment of self-care: totally unable to take care of oneself, mostly unable to take care of oneself and partially unable to take care of oneself.
The standard of labor capacity appraisal is formulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council and other departments.