Application for labor capacity appraisal needs to be submitted to the certificate of injury, that is, should be the case of work-related injuries, before applying for labor capacity appraisal of labor capacity appraisal to the Labor Capacity Appraisal Committee. Does not belong to the case of work injury, can not apply to apply for labor appraisal, but you can apply to the judicial appraisal institution for disability appraisal.
Legal basis: "Regulations on Work-Related Injury Insurance"
Article 14 Employees shall be recognized as injured at work if one of the following circumstances exists:
(a) In the workplace during working hours and in the workplace, the employee suffers from accidental injuries due to work reasons;
(b) Before and after the working hours, the employee suffers from accidental injuries at workplace while engaging in work-related preparatory or finishing work;
(c) The employee suffers from accidental injuries at work when engaging in work related preparatory or finishing work;
The employee suffers from accidental injuries at work when engaging in work related preparatory work. (c) Injured by violence or other accidental injury during working hours or in the workplace while performing work duties;
(d) Suffering from occupational disease;
(e) Injured at work or unaccounted for in an accident while away from home;
(f) Suffering injury in a traffic accident for which the employee is not primarily responsible while commuting to and from work; or in a passenger ferry or urban railroad accident. (f) On the way to and from work, injured in a traffic accident for which he or she is not primarily responsible, or in an accident on urban rail transit, passenger ferry or train;
(g) Other cases stipulated by laws and administrative regulations that should be recognized as work-related injuries.
Article 21: If an employee is injured at work, and the injury is relatively stabilized after treatment, and there is a disability that affects his or her ability to work, he or she shall have his or her ability to work appraised.
Article 22 The labor capacity appraisal refers to the degree of functional impairment of labor and the degree of self-care obstacles to the level of appraisal.
Labor functional impairment is divided into ten levels of disability, with the heaviest being level one and the lightest being level 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.
Labor capacity assessment standards are 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.
Article 23 of the labor capacity appraisal by the employer, the injured employee or his close relatives to the municipal labor capacity appraisal committee to apply, and provide the decision on the recognition of work injuries and the employee's medical treatment of work injuries and related information.
How to deal with the loss of labor capacity due to illness or non-work-related disability
The appraisal standard of the degree of loss of labor capacity due to non-work-related disability or illness is the guideline and basis for the determination of the degree of disability and incapacity of the worker through medical examination at the end of the medical treatment period or medical treatment as stipulated in the national social security regulations.
Notes on the correct use of the standard
1. This standard entry only lists the starting conditions for the attainment of total incapacity for work, and any disability or illness that is more serious than this condition is considered total incapacity for work.
2. The "long-term" referred to in the relevant entries of the standard is more than 12 months (including 12 months) after systematic treatment.
3. The "systematic treatment" referred to in the standard refers to inpatient treatment, or more than twice a month (including twice) to the hospital outpatient treatment and adhere to the medication for more than a course of treatment, as well as malignant tumors in the outpatient radiation or chemotherapy.
4. For other injuries and illnesses not listed in the degree of incapacity for work, you can refer to the national standard "Employee Injuries and Occupational Diseases Disability Determination" (GB/T16180-1996) the corresponding entry to the implementation.
What information is needed for the identification of non-work-related disability or loss of labor capacity due to illnessEnterprise workers due to illness and non-work-related injuries after the expiration of the medical period, is the loss of labor capacity and disability, the request for labor appraisal committee to identify the degree of loss of labor capacity and disability, the appraisal program is as follows (Taizhou City, it should be the same): First of all, it is necessary to apply by the person himself. Second, the unit labor appraisal organization based on the employee's own application and provide the original medical diagnosis, medical history information for strict examination, against the Chinese people **** and the State Ministry of Labor and Social Security "on the issuance of" the degree of disability or loss of labor capacity of the worker due to illness identification standards? Trial? The Circular of the Ministry of Labor and Social Security of the People's Republic of China"? Ministry of Labor and Social Security issued No. 8 [2002]. As well as the "Identification of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees? Criteria? Basically meet the conditions of total loss of labor capacity or disability 1-4, the unit to fill out the "employee loss of labor capacity due to illness appraisal approval form" in triplicate, the unit stamped, together with the application materials? Reported by the unit of the Municipal Labor Appraisal Committee Office. Third, the city (county) Labor Appraisal Committee Office audited all the materials reported to meet the conditions of acceptance, acceptance of the employee's labor capacity appraisal of the city (county) Labor Appraisal Committee Office of the relevant hospitals designated to be appraised by the medical examination of the employee, and by the city of the medical technology appraisal team of the appraised employee to make a medical technology appraisal of the written conclusions.
Ten common diseases of non-work-related injuries of employees labor capacity appraisal
Notice on the issuance of "the degree of identification of the degree of disability or loss of labor capacity of employees not due to work-related injuries or illnesses (for trial implementation)" (Ministry of Labor and Social Security issued [2002] No. 8)
(a) Coronary heart disease (coronary arteriosclerotic heart disease, including angina pectoris, myocardial infarction, and arrhythmia, etc.). Organic heart disease (including hypertensive heart disease, cardiomyopathy, rheumatic heart disease mitral valve narrowing, leakage)
1, the duration of the disease requirements: must be 12 months or more than 12 months.
2. Provide an "inpatient medical record" or a "complete and systematic outpatient medical record".
(1) Inpatient hospitalization record requirements: to have "hospitalization home page", the first hospitalization records,
hospitalization course records, discharge summary. If surgery, there should be surgical records;
If the pathology has been made, there should be a pathology diagnosis report.
(2) complete, systematic outpatient medical record requirements: more than 3 times per year in the municipal or municipal hospital outpatient visit (including 3 times); not in the same hospital outpatient visit all the medical records must be complete (must be more than 3 outpatient visits).
3, electrocardiogram, dynamic electrocardiogram, cardiac fan scan and other auxiliary examination materials.
Relevant physical and chemical tests or functional tests:
(1) laboratory tests: such as coronary heart attack to be myocardial enzyme profiling;
(2) functional tests: exercise platelet test, etc.;
(3) imaging tests. Such as cardiac fan scanning (left ventricular ejection fraction is a component of fan scanning).
(B) hypertension
1, the course of the disease requirements: the same as before.
2, inpatient medical records or complete and systematic outpatient medical records, the requirements of the same as before.
3, hypertension combined with heart disease to have an electrocardiogram or cardiac Doppler,
cardiac fan scan (including left ventricular ejection fraction).
4, hypertension combined with renal disease, must be renal function tests.
5, fundus examination and CT film (head CT).
(C) tuberculosis (or a variety of chronic lung diseases, pulmonary resection) 1, the course of the disease requires the same as before. 2, hospitalization records must be "tuberculosis hospital inpatient records", pulmonary resection
to have surgical records and pathological diagnosis report. 3, the previous lung X-ray or lung CT film.
4, sputum test and blood sedimentation.
(D) Cirrhosis (including severe liver damage caused by various reasons) 1, the disease course requirements as before.
2, hospitalized medical records or complete systematic outpatient medical records, the same requirements.
3, the liver function tests: (1) aminotransferase value; (2) total protein value; (3) albumin value; (4) globulin value; albumin to globulin ratio; (5) prothrombin time
4, liver and spleen ultrasound.
(E) chronic nephritis (chronic glomerulonephritis and other causes of chronic kidney disease) 1, the course of the disease requires the same as before. 2, hospitalization medical records or complete systematic outpatient medical records, the requirements of the same as before. 3, electrolyte disorders: to be the "Blood Ionization Laboratory". 4, to be the renal function laboratory tests.
5, renal ultrasound.
(F) diabetes (including a variety of metabolic, connective tissue disease, endocrine disease, autoimmune disease)
1, the course of the disease requires the same as before.
2, hospitalized medical records or a complete system of outpatient medical records, the same requirements.
3, to the patient's previous blood glucose testing labs.
4, diabetic comorbidity affected organ laboratory tests, function test results:
(1) heart disease: electrocardiogram, cardiac ultrasound and other test reports.
(2) brain disease: brain CT film and report card.
(3) lung disease: chest X-ray or lung CT film and report card.
(4) Liver disease: liver function tests, liver ultrasound or CT and report card.
(5) Kidney disease: kidney function tests, kidney ultrasound.
(6) eye disease: fundoscopy.
(7) Malignant tumors
1, the course of the disease requires variable.
2, submit the hospitalization medical records. 3, must be submitted to the "pathology diagnostic report card". The report of "bone penetration" is required for hematologic malignant tumors.
4, surgical records (refers to the operator).
5. Imaging materials include: X-ray film, color ultrasound, CT, MRI film and report.
6, advanced cancer, radiotherapy, chemotherapy, and immunotherapy or traditional Chinese medicine treatment medical record materials; to do targeted therapy to have a medical record materials.
(H) cerebrovascular disease (cerebral hemorrhage, subarachnoid hemorrhage and cerebral infarction)
1, the course of the disease requirements: must be the end of the medical period or the end of medical treatment.
2. Must provide inpatient medical records or outpatient medical records.
3, must provide the onset and recent head CT film or MRI (magnetic *** vibration) film and report card.
(IX) Psychosis (various types of psychosis and chronic organic mental disorders)
1, the course of the disease requirements:
(1) Chronic organic mental disorders: treatment for more than 2 years, still have one of the following symptoms, and seriously affect the occupational function: dementia (moderate diminished intelligence); persistent or frequent delusions or hallucinations; persistent or frequent emotional instability and uncontrollable impulsive aggressive behavior.
Neurology inpatient records from hospitals at or above the municipal level (including municipal) are required.
(2) Various types of mental illness: the duration of the disease should be more than 5 years (including 5 years). Schizophrenia; paranoid mental disorder, delusion firm; refractory affective disorder; refractory obsessive-compulsive disorder with obvious obsessive-compulsive personality pathogenesis basis. 2, must provide more than municipal (including municipal) psychiatric hospital inpatient medical records (our city's Fifth Hospital, or Fuming Brain Hospital's medical records). (J) epilepsy 1, the course of the disease requirements: must be more than 2 years (including 2 years). 2, provide more than municipal (including municipal) hospital neurology hospitalization records, to have a seizure record during hospitalization.
3. Must provide EEG, brain CT film or MRI (magnetic **** vibration) film and report card.
(XI) Surgery, gynecology, Pentacenter (eye, ear, nose and throat, oral) disease
1, the course of the disease requirements: need to reach the expiration of the medical period or the end of medical treatment.
2. Inpatient or outpatient medical records of hospitals above or including the municipal level are required.
3. Surgical records are required for those who have undergone surgery.
4, need to provide auxiliary examination materials of related diseases.
Why is the content of the identification of non-work-related disability or illness and the identification of work-related injuries not the same
Of course it is not the same, for example, traffic accidents and injuries and work-related identification standards are a lot of difference, the same injury in the workplace may be a very high level of standards, but in traffic accidents standards may not be counted as a disability, this is because of the national focus on the protection of laborers.
How to fill in the "major injury and disease history" in the "Worker's ability to determine the degree of disability due to illness (non-work-related injuries)"
Take out your original annual medical examination form, and find out the name of the most serious illnesses to fill in the
Annexes of the criteria for the identification of the degree of disability or loss of labor capacity of employees due to work-related injuries or illnesses
Annexes
Correct Note on the use of the standard
1. The entry of this standard only lists the starting point of the conditions to reach the total loss of working capacity, more serious than this condition of disability
or disease are total loss of working capacity.
2. The "long-term" referred to in the relevant entry in the standard is more than 12 months (including 12 months) after systematic treatment.
3. The "systematic treatment" referred to in the standard refers to inpatient treatment, or more than twice a month (including twice) to the hospital for outpatient treatment and adherence to more than one course of medication, as well as malignant tumors in the outpatient radiation or chemotherapy
treatment.
4. For entries on the degree of loss of labor capacity for other injuries and illnesses not listed, refer to the national standard "Employee Injuries and Occupational Diseases Disability Determination" (GB/T16180-1996) for the corresponding entries to be carried out.
Information source: gov./gongbao/content/2003/content_62585.htm
How to fill out the application form for the identification of the labor capacity of workers disabled at workFill out the first part of the first, personal information options, including name, identity card number, social security number and other information; the second step to find the company to sign the opinion of the seal, and the third step to go to the identification agency designated hospital to write the identification diagnosis. The first step is to find a way to identify the best way to get the most out of the program.
How to view the "workers are not due to work-related disability or illness loss of labor capacity degree of appraisal standards
The provisions of this law and the current labor contract law, social insurance law, some conflict, the current provisions of the medical period, can not be engaged in the normal staff can not be engaged in the work of the other arrangements can be terminated.
Labor capacity is to be identified through the appraisal, the appraisal of all the prescribed standards. Without the conclusion of the appraisal of the court will not be recognized.