1. Can a lawyer apply for an injury appraisal on my behalf?
It is possible for a lawyer to apply for an injury assessment on your behalf. You can apply for work-related injury identification and appraisal by yourself or entrust a lawyer to apply, but you still need to go there for disability appraisal. According to Article 21 of the "Regulations on Work-related Injury Insurance"
If an employee becomes disabled due to a work-related injury and his ability to work is affected after treatment, he must undergo a labor ability appraisal.
Article 25
After receiving the application for labor ability appraisal, the labor ability appraisal committee of the districted city shall randomly select 3 or more from the medical and health expert database established by it. An expert group composed of 5 relevant experts 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, the appraisal conclusion may be filed as of the date of receipt of the appraisal conclusion. 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. 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.
2. Work-related injury identification procedures
(1) Investigate the accident and secure relevant evidence. Some evidence that is easily lost or destroyed must be preserved in a timely manner, and investigation records must be kept in a timely manner for some witnesses who are highly mobile or have no fixed occupation.
(2) Make a "Work Injury Determination Application Form" and fill in the "Work Injury Determination Application Form".
(3) The applicant and the department where the work-related accident occurred in the past shall submit an application and provide the following materials:
1. Copy of the injured employee’s ID card and employment form λ industrial and commercial registration materials ;
2. A copy of the labor contract or materials that can prove the existence or de facto labor relationship;
3. Medical records, diagnosis certificates, court hearing records and other medical materials at the time of the accident ;
4. If it is a motor vehicle accident, the accident determination certificate or other valid certificates from the traffic police department shall be deducted.
(4) Contact the labor department promptly to see if additional materials are needed.
(5) Obtain a work-related injury certificate or a notice of rejection.
If the labor department does not support the application for work-related injury determination, the following circumstances should be considered:
1. Whether it belongs to other causes of action and follow other procedures;
2. Whether it is necessary Apply for re-appraisal or submit a written report to the labor authority;
3. Whether administrative reconsideration or administrative litigation is required.
An employee's work-related injury can be recognized as a work-related injury, and work-related injury applications must be handled strictly based on the actual consequences of the injury. The parties concerned can submit the required materials for work-related injury determination, or they can entrust an attorney to handle it, but the specific disability level determination needs to be done in person at the judicial appraisal department.