Industry standard disability assessment and industrial injury standard disability assessment

The disability assessment standards for work-related injuries are divided into one to ten levels, and those who meet the disability assessment standards from one to four are all incapable of working; 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. Work standards are evaluated by social security work injury standards, and work standards are evaluated by insurance industry standards.

1. What's the difference between work-related injury identification and disability assessment identification?

1. The applicants for work-related injury identification are different: the applicants for work-related injury identification can be the employees themselves, close relatives or employers who are identified as work-related injuries; The subject of disability appraisal application can only be the injured person himself.

2. The preconditions for applying for appraisal are different: the premise of work-related injury appraisal is that the subject of work-related injury appraisal has obtained the work-related injury identification decision issued by the social insurance administrative department, that is, if there is no work-related injury identification decision, the work-related injury appraisal committee will not accept the application of the applicant for work-related injury appraisal; The premise of disability appraisal is that the applicant needs to provide a traffic accident certificate issued by the public security traffic police department.

3. The basis, contents and materials to be submitted for appraisal are different: the laws and regulations on which the appraisal of work-related injuries is based are the Regulations on Work-related Injury Insurance and the Regulations on the Disability Degree of Workers in Work-related Injuries and Occupational Diseases, and the contents of appraisal include: the end of the medical treatment period of work-related injuries, the confirmation of the paid period of work stoppage, the disability degree of working ability and the disability degree of self-care. When applying for work-related injury identification, the materials to be submitted at the same time include: the decision on work-related injury identification of employees, relevant materials for work-related injury medical treatment of employees (including personal information of employees, work-related injury information of employees, diagnosis information of medical institutions, etc.). ); The laws and regulations on which traffic accident disability appraisal is based are the injury appraisal of the injured in traffic accidents. The contents of disability appraisal include: mental state, physiological function, abnormal street running structure and its influence on life. The materials to be submitted for disability appraisal include: traffic accident certificate, admission record, discharge record, discharge summary, medical record, disability diagnosis certificate, etc.

Legal basis: labor dispute mediation and arbitration law

This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts.

(3) Disputes arising from delisting, dismissal, resignation and resignation.

(four) disputes arising from working hours, rest and vacation, social insurance, welfare, training, labor protection, etc.

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.

(six) other labor disputes as prescribed by laws and regulations.