Article 21 If an employee injured at work becomes disabled due to work and his ability to work is relatively stable after treatment, he shall undergo a labor ability appraisal.
Article 22: Labor ability appraisal refers to the graded appraisal of the degree of labor dysfunction and self-care impairment.
Labor dysfunction is divided into ten levels of disability, with level 1 being the most severe and level 10 being the lightest.
There are three levels of self-care disorders: inability to take care of oneself at all, inability to take care of oneself in most of life, and inability to take care of self in part of life.
The standards for labor ability appraisal shall be formulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council.
Article 23: The employer, the injured employee or his close relatives shall submit the labor ability appraisal to the Municipal Labor Ability Appraisal Committee, and provide the employees with relevant information on the work-related injury appraisal decision and medical treatment.
Article 24 The labor ability appraisal committees of provinces, autonomous regions, and municipalities directly under the Central Government and the labor capacity appraisal committees of cities divided into districts shall consist of the social insurance administrative departments and health administrative departments of provinces, autonomous regions, municipalities directly under the Central Government, and cities divided into districts respectively. , composed of representatives from trade union organizations, handling agencies and employers.
The Labor Ability Appraisal Committee establishes a database of medical and health experts. Medical and health professional and technical personnel included in the expert database should meet the following conditions:
(1) Have senior medical and health professional and technical positions;
(2) Master the relevant knowledge of labor ability appraisal;
(3) Have good professional ethics.
Article 25: After receiving the application for labor ability appraisal, the labor ability appraisal committee of the districted city shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group. , the expert group will provide appraisal opinions. The districted city's labor ability appraisal committee will make a labor ability appraisal conclusion for workers injured at work based on the appraisal opinions of the expert group; when necessary, qualified medical institutions can be entrusted to assist in relevant diagnosis.
The districted city labor ability appraisal committee shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application. If necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be delivered to the unit and individual applying for appraisal in a timely manner.
Article 26 If the unit or individual applying for appraisal is dissatisfied with the appraisal conclusion made by the district-level municipal labor ability appraisal committee, it may file a complaint with the provincial or municipal government within 5 days from the date of receipt of the appraisal conclusion. The labor ability appraisal committee of the autonomous region or municipality applies for re-appraisal. The labor ability appraisal conclusion made by the labor ability appraisal committee of the province, autonomous region, or municipality directly under the Central Government is the final conclusion.
Article 27 The labor capacity appraisal work shall be objective and fair. Members of the Labor Capacity Appraisal Committee or experts participating in the appraisal who have an interest in the parties shall recuse themselves.
Article 28 After one year from the date of the conclusion of the labor ability appraisal, if an employee injured at work or his close relatives, employer or handling agency believes that the disability situation has changed, he or she may apply for labor ability. Review identification.
Article 29 The time limit for the Labor Capacity Appraisal Committee to apply for re-appraisal and re-appraisal in accordance with the provisions of Articles 26 and 28 of these Regulations shall be in accordance with Article 25 of these Regulations. The provisions of paragraph 2 shall be implemented.