Industrial accidents are personal injury accidents that often happen to workers at work. After the industrial accident, the laborer needs to go to the labor and social security department for judicial appraisal, and then ask the employer to make compensation. But after the accident, many people want to know which one pays more: industrial injury appraisal, industrial injury appraisal and judicial appraisal. Let me sort out the relevant knowledge for you.
1. Which is better, industrial injury appraisal or judicial appraisal?
1. There are essential differences between industrial injury appraisal and judicial appraisal. Work-related injury identification is aimed at work-related accidents, which belong to accidental personal injury accidents. Judicial expertise is the identification of injuries in civil or criminal cases.
2. Under special circumstances, choose work-related injury appraisal or judicial appraisal, and the lawyer will make a plan. It is inconclusive which appraisal has a high salary.
Second, how to identify work-related injuries
1. If an employee is injured at work, and after treatment, the injury is relatively stable and disabled, which affects his working ability, he shall be appraised for his working ability.
2, labor ability appraisal refers to the level of labor dysfunction and self-care disorders. Labor dysfunction is divided into 10 disability grade, the heaviest is 1 grade, and the lightest is1grade. Self-care obstacles are divided into three levels: life can't take care of itself at all, most life can't take care of itself, and some life can't take care of itself.
3, labor ability appraisal by the employer, workers or their immediate family members to apply to the Municipal Committee of labor ability appraisal, and provide workers with relevant information on work-related injury appraisal decisions and medical treatment.
4. The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time.
5. If the unit or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within 15 days from the date of receiving the appraisal conclusion.
6. After 1 year from the date of conclusion of labor ability appraisal, if the injured worker or his immediate family members, the unit where he works or the agency thinks that the disability situation has changed, he may apply for reexamination and appraisal of labor ability.
Third, who should pay for the work-related injury appraisal?
Of course, the employer's liability for compensation for work-related injuries should include the cost of disability appraisal for workers with work-related injuries. The expenses for initial disability appraisal shall be borne by the employer, including appraisal fees, inspection fees, diagnosis fees, travel expenses of appraisers, etc. If the employer has purchased work-related injury insurance for employees and paid the insurance premium in full, the expenses shall be paid by the work-related injury insurance fund. If the application for initial appraisal is made by an employee with a work-related injury or his immediate family members, the appraisal fee shall be paid in advance by the employee or his immediate family members when the application is made, and then charged to the insurance institution or the employer when the work-related injury treatment fee is charged.
Employers, workers with work-related injuries or their immediate family members have objections to the initial appraisal and apply for re-appraisal to the Provincial Labor Ability Appraisal Committee, and they also need to pay appraisal fees according to the above-mentioned charging standards. The appraisal fee for re-appraisal shall be paid in advance by the applicant. If the re-appraisal conclusion is consistent with the preliminary appraisal conclusion, the appraisal fee shall be borne by the applicant. If the application for re-appraisal is made by the injured worker or his immediate family members, the appraisal fee shall be borne by the injured worker or his immediate family members and shall not be passed on to the employer. If the re-appraisal conclusion is inconsistent with the preliminary appraisal conclusion, the appraisal fee shall be borne by the municipal labor ability appraisal committee with districts that made the preliminary appraisal conclusion.
If the injury of an injured worker changes, which may affect the level of disability, and the injured worker or his immediate family member or the employer applies for the review and appraisal of the level of disability, the applicant shall pay the appraisal fee in advance. If the reexamination conclusion is consistent with the conclusion of the first appraisal, the reexamination appraisal fee shall be borne by the applicant; If the conclusions are inconsistent, the examination and appraisal fee paid by the applicant shall be refunded.
Fourth, the best time to apply for work-related injury identification
If the employees are still disabled after treatment, and their injuries are relatively stable, which affects their ability to work, disability appraisal shall be carried out. Generally speaking, the appraisal of disability grade is carried out when the medical treatment for work-related injuries expires. However, if the medical treatment period is not yet full, but the condition of the injured workers is relatively stable, the disability grade can also be identified. The harm and outcome of work-related injuries to the human body vary widely. Due to the different nature of injury, health recovery status, actual conditions of units and individuals, the medical treatment period determined for different individuals and different disability situations is different, so the best time for identification is also different. It is impossible to make a specific introduction here, but only to make a general introduction to various disabilities in different categories. In practice, it is necessary to make specific judgments according to the actual situation of individuals.
To sum up, industrial injury appraisal and judicial appraisal are aimed at different types of accidents, and their procedures are different. Work-related injury identification is carried out by medical institutions, and judicial identification is carried out by forensic organs. Judicial expertise is more specific and detailed in identification. Which treatment is higher, industrial injury appraisal or judicial appraisal? It depends on what kind of accident it belongs to and what kind of identification procedure it conforms to.