Legal analysis: injured workers prosthetic limbs, belonging to the auxiliary apparatus, replacement of the current national laws and regulations do not provide, by the provinces, municipalities directly under the Central Government, autonomous regions.
The injured worker is allowed to configure the prosthesis, the social insurance agency to issue the cost of payment notification, will also inform the minimum service life. After meeting the minimum service life, the injured worker can apply to the Labor Capacity Appraisal Committee for a replacement after confirmation.
Legal basis: "Measures for the Administration of Configuration of Auxiliary Appliances for Work-Related Injury Insurance"
Article 7: If an injured worker thinks that he needs to configure an auxiliary appliance, he can apply for confirmation of the configuration of the auxiliary appliance to the Labor Capacity Appraisal Committee and submit the following materials:
(1) the original and a copy of the Decision on Determination of Work-Related Injury or other documents confirming work-related injuries;
(2) resident's identity card and other documents confirming work-related injuries. p>(ii) the original and copy of the resident's identity card or social security card or other valid proof of identity;
(iii) valid diagnostic certificates, inspection and test reports and other complete medical records copied or reproduced in accordance with the relevant provisions on the management of medical records of medical institutions.
If the injured worker is unable to make the application himself due to physical reasons, his close relatives or the employer may apply on his behalf.
Article VIII of the Labor Capacity Appraisal Committee received the application for confirmation of the configuration of auxiliary aids, it shall promptly review; incomplete materials, it shall, within five working days from the date of receipt of the application, inform the applicant in writing within five days of the applicant needs to make corrections to all the materials; materials are complete, it shall, within 60 days from the date of receipt of the application for confirmation of the conclusions. Complex injuries, involving more medical and health care professionals, the deadline for making a confirmation of the conclusion can be extended for 30 days.
Article 12 After the injured worker receives the confirmation conclusion that he/she shall be configured, he/she shall register with the agency in a timely manner, and the agency shall issue a notification of payment of the configuration fee to the injured worker and inform him/her of the following:
(1) the injured worker shall be configured at the agency of the agreement;
(2) the confirmation of maximum payment limit of the configured auxiliary aids and the minimum life span of the aids;
(3) the confirmation of the maximum payment limit of the configured auxiliary aids; and p>
(3) The Work Injury Insurance Fund shall not pay for the expenses of the injured worker's configuration of auxiliary aids exceeding the catalog or exceeding the limit.
Article 16 If the auxiliary apparatus reaches the prescribed minimum service life, the injured worker may apply for replacement in accordance with the regulations of the administrative department of human resources and social security of the coordinating region.
If the injured worker needs to replace the main parts or configure new auxiliary apparatus due to the change of the injury condition, the configuration cost shall be paid by the Work Injury Insurance Fund after the application for reconfirmation is made to the Labor Capacity Appraisal Committee and confirmed.