1. Definition of physical disability
Physical disability refers to motor dysfunction caused by physical disability, deformity, and paralysis.
Physical disabilities include:
Cerebral palsy: quadriplegia, tripleglegia, diplegia, and monoplegia.
Hemiplegia:
Spinal cord diseases and injuries: quadriplegia, paraplegia.
Sequelae of polio
Acquired amputation
Congenital amputation
Congenital limb defects, short limbs, limb deformities, dwarfism
Unequal length of the two lower limbs
Spinal deformities: kyphosis, scoliosis and stiffness.
Severe diseases and injuries of bones, joints and muscles
Peripheral nerve diseases and injuries
2. Classification of physical disabilities
In Evaluate and score the ability to live in daily life without the help of assistive devices for people with disabilities. Activities of daily living are divided into eight items: sitting, standing, walking, dressing, washing, eating, going to the toilet, and writing. It can reach 1 point, it is difficult to reach 0.5 points, and it cannot reach 0 points. It is divided into three levels accordingly.
(1) Severity (Level 1): Propaganda is unable or basically unable to complete activities of daily living (0-4 points).
1. Quadriplegia or severe quadriplegia.
2. Paraplegia, no active movement of both hip joints.
3. Severe hemiplegia, complete loss of limb function in one foot.
4. All limbs are amputated or congenitally missing limbs.
5. Amputation or loss of three limbs (above the wrist and ankle).
6. Amputation or loss of both thighs or upper arms.
7. Severe functional impairment of both upper limbs or three limbs.
(2) Moderate (Level 2): ??Able to partially complete activities of daily living (4.5-6 points).
1. Paraplegia, quadriplegia or hemiplegia, the residual limb has certain functions.
2. Amputation or limb loss of both lower limbs below the knee joint or both upper limbs below the elbow joint.
3. Amputation or missing limbs of one upper limb above the elbow joint or one lower limb above the knee joint.
4. Both thumbs are accompanied by index finger (or middle finger) defects.
5. Severe dysfunction in one limb, severe dysfunction in two limbs, and moderate dysfunction in three limbs.
(3) Mild (level 3): basically able to complete activities of daily living (6.5-7.5 points).
1. Amputation or missing limb of one upper limb below the elbow joint or one lower limb below the knee joint.
2. Moderate dysfunction in one limb and mild dysfunction in both limbs.
3. Spinal ankylosis: kyphosis deformity greater than 70 degrees; scoliosis greater than 45 degrees.
4. The length of both lower limbs is unequal by more than 5cm.
5. Unilateral thumb with index finger (or middle finger) defect; one side retains the thumb, and the remaining four fingers are amputated or defective.
6. Dwarfism (adult height not exceeding 130cm)
The list is as follows:
Grade and degree scores
Level A
(Severe) Completely or basically unable to complete activities of daily living of levels 0-4
Deputy
(Moderate) Ability to partially complete activities of daily living 4.5-6.
Three levels
(Mild) Basic ability to complete activities of daily living 6.5-7.5.
Note:
1. Keep the thumb and index finger (or middle finger), and use force on the other three fingers.
2. Keep the heel but lose the front half of the foot.
3. Both lower limbs are unequal in length, less than 5cm.
4. Hunchback less than 70 degrees or scoliosis less than 45 degrees.
Netizen: If a work-related injury accident occurs, which employers can apply for work-related injury recognition?
Le Yinguo Lawyer: Enterprises, institutions, state agencies, social groups, private non-enterprise units, individual industrial and commercial households with employees, and informal employment labor organizations (hereinafter referred to as employers) within the administrative area of ??this city If an employee of a unit (unit) is injured in an accident or suffers from an occupational disease,
Netizen: Who has the right to apply for a work-related injury?
Le Yinguo Lawyer: Employers, employees or their immediate family members, and trade unions have the right to apply for work-related injury recognition.
Netizen: What is the time limit for applying for work-related injury certification?
Lawyer Le Yinguo: 1. The employer shall, within 30 days from the date when an employee is injured in an accident or is diagnosed with an occupational disease, submit an application for work-related injury determination to the district or county labor and social security administrative department where the industrial and commercial registration employer is located.
2. If the employer fails to submit an application within the prescribed time, the employee or his immediate family members or the labor union shall register with the industry and commerce within 1 year from the date of the accident injury or the date of diagnosis or identification of an occupational disease. The district and county labor and social security administrative department where the employer is located shall submit an application for work-related injury recognition.
Netizen: What is the scope of identification of work-related injuries?
Lawyer Le Yinguo: 1. If an employee has any of the following circumstances, it shall be deemed a work-related injury:
(1) Injured by an accident during working hours and in the workplace;
(2) Before and after working hours Injured by an accident while engaged in work-related preparation work or finishing work in the workplace;
(3) Injured by violence or other accidents while performing work duties during working hours and in the workplace;
(4) Suffering from occupational diseases;
(5) Being injured or missing due to work reasons when going out to work;
(6) Being injured on the way to and from get off work Injuries caused by motor vehicle accidents;
(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations.
2. If an employee has one of the following circumstances, it will be deemed as a work-related injury:
(1) Death of sudden illness or death within 48 hours after rescue fails;
(2) Those who were injured in activities to safeguard national interests and public interests such as emergency rescue and disaster relief;
(3) Employees who were originally serving in the army and became disabled due to war or duty have obtained revolutionary injuries Disabled soldier certificate, old injury relapses after arriving at the employer.
Netizen: What materials need to be submitted to apply for work-related injury determination?
Le Yinguo Lawyer: To apply for work-related injury recognition, you need to submit the following materials:
1. Necessary materials
(1) Work-related injury recognition application form;
(2) Proof of the existence of a labor relationship (including a de facto labor relationship) between the casualty and the employer;
(3) Medical diagnosis certificate (including initial diagnosis) or occupational disease diagnosis certificate (or occupational disease diagnosis certificate) Book).
2. Relevant materials
(1) If someone is violently injured while performing his duties, submit certification materials issued by the public security administrative department or the People’s Court;
( 2) If the employee is injured at work or an accident occurs while away from work and the whereabouts are unknown, the employer shall issue a certificate of migrant work;
(3) If it is a motor vehicle traffic accident, a certificate of responsibility for the accident issued by the public security administrative department shall be submitted. Evidence for the conclusion;
(4) If you are injured in activities to protect national interests and public interests such as emergency rescue and disaster relief, submit certification materials issued by relevant departments;
(5) On official duty If a demobilized soldier who is disabled or disabled due to war relapses from an old injury, he must submit a "Revolutionary Disabled Soldier Certificate" and proof of diagnosis of recurrence of the old injury in a designated hospital;
(6) If the application is entrusted to others, The identity certificate of the client should be submitted at the same time;
(7) Other supporting materials that need to be submitted under special circumstances.
Netizen: What is the procedure for identifying work-related injuries?
Lawyer Le Yinguo: 1. Employers, employees or their immediate family members, and trade union organizations must bring the above-mentioned relevant materials to the district or county labor and social security administrative department where the employer has industrial and commercial registration within the prescribed period.
2. The district and county labor and social security administrative departments shall make a work-related injury determination decision within 60 days from the date of accepting the work-related injury determination application, and send the work-related injury determination decision to the employee who applied for work-related injury determination or his immediate family members and employees The unit where you work shall be informed of the application procedures for labor ability certification.
3. If the relevant units and employees or their immediate family members are dissatisfied with the work-related injury determination decision, they may, within 60 days from the date of receipt of the work-related injury determination decision, submit a complaint to the superior administrative department of the administrative agency that made the work-related injury determination decision or The people's government at the same level applies for administrative reconsideration.
Processing basis:
1. "Regulations on Work-related Injury Insurance" (Order No. 375 of the State Council);
2. Shanghai Work-related Injury Insurance Implementation Measures (Shanghai Municipal People's Government Order No. 29)
3. Measures for identification of work-related injuries (Order No. 17 of the Ministry of Labor and Social Security).
Netizen: Which places and institutions accept work-related injury certification?
Lawyer Le Yinguo: The address and phone number of the work-related injury certification agency are as follows:
Unit location phone number
Changning District Labor and Social Security Bureau 1320 Yuyuan Road No. 3, Building 32201374
Huangpu District Labor and Social Security Bureau, 4th Floor, No. 300 Yan'an East Road 33134800
×20435×20436
Jing'an District Labor and Social Security Security Bureau 241 Wuning South Road 62312161
Zhabei District Labor and Social Security Bureau 291 Liuying Road 56906517
Labor and Social Security Bureau No. 468 Xiangde Road, Hongkou District 65753466
Labor and Social Security Bureau, No. 432 Hongqiao Road, Xuhui District 64473891
Building 5, No. 35 Puxiong Road, Putuo District Labor and Social Security Bureau 32130062
Luwan District Labor and Social Security Bureau Security Bureau 100 Chongqing South Road 63310336
Labor and Social Security Bureau, No. 363 Jining Road, Yangpu District 55214449
Pudong New Area Labor and Social Security Bureau No. 3995 Pudong South Road 58744281
No. 168, Shenbei Road, Minhang District Labor and Social Security Bureau 54958582
No. 61 Youyi Branch Road, Baoshan District Labor and Social Security Bureau 56109853
No. 28 Jinsha Road, Jiading District Labor and Social Security Bureau 59521934
Labor and Social Security Bureau, No. 90 Renmin North Road, Songjiang District 57811419
Labor and Social Security Bureau, No. 275 Renmin Road, Zhujing Town, Jinshan District 57312274
Number Labor and Social Security Bureau, District A, No. 200 Gongyuan Road, Qingpu District 69717592
Labor and Social Security Bureau, No. 63 Keji Road, Nanqiao Town, Fengxian District 57420271
Nanhui District Labor and Social Security No. 14 Yuejin Road, Bureau Huinan Town 58021175
Chongming County Labor and Social Security Bureau No. 178 Dongmen Road, Chengqiao Town 59628469
Netizen: How to conduct labor ability appraisal?
Le Yinguo Lawyer: If an employer, an injured employee or his immediate family member becomes disabled due to a work-related injury and his ability to work is affected after treatment, he or she may apply to the municipal, district or county labor ability appraisal agency for appraisal.
Netizen: How about the labor ability appraisal procedure?
Lawyer Le Yinguo: 1. If an employee is injured on the job and the injury is relatively stable after treatment and affects the ability to work, the employer, the injured person or his or her immediate family member shall apply to the district or county labor ability appraisal agency in the place where the employer is registered. Among them, the labor ability appraisal of persons with occupational diseases should apply to the municipal labor ability appraisal agency and submit the following materials:
(1) Complete the labor ability appraisal application form (the application form is available at the labor and social security administrative departments of each district and county Free of charge);
(2) Work-related injury identification decision letter issued by the labor administration department;
(3) Medical insurance designated contract medical institution for work-related injury diagnosis and treatment.
2. Municipal, district and county labor ability appraisal agencies shall make a conclusion on the labor ability appraisal of work-related injuries within 60 days from the date of acceptance of the 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 by the labor ability appraisal agency to the employer, the injured person or his immediate family members, and at the same time, they shall be informed of the procedures for enjoying work-related injury insurance benefits.
Re-evaluation:
If the employer, the injured person or his or her immediate family member who applies for labor ability appraisal is dissatisfied with the appraisal conclusion, he or she may file a complaint with the city within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal agency applies for re-appraisal, and the re-appraisal procedures are the same as before. Among them, if the applicant is not satisfied with the conclusion of the occupational disease labor ability appraisal when applying for re-appraisal, the municipal labor ability appraisal agency will organize an expert group to conduct the re-appraisal.
Review and evaluation:
One year after the labor ability appraisal conclusion is made, if the work-injured person or his immediate family, the employer or the handling agency believes that the disability situation has changed, he or she can apply Work ability review and appraisal.
Netizen: How much does it cost to assess labor ability?
Lawyer Le Yinguo: 1. The cost of the initial appraisal shall be paid in advance by the employer or the injured person and borne by the work-related injury insurance fund.
2. If the applicant applies for re-appraisal and the re-appraisal conclusion maintains the original appraisal conclusion, the appraisal fee shall be borne by the applicant. The appraisal costs for changing the conclusion shall be borne by the work-related injury insurance fund.
3. If the applicant applies for a reexamination of the appraisal, and the reexamination appraisal conclusion has not changed, the appraisal fee shall be borne by the applicant; if the appraisal conclusion is changed, the appraisal fee shall be borne by the work-related injury insurance fund.
4. The labor ability appraisal fee is 350 yuan/time, and the physical examination fee will be collected by the physical examination hospital according to the actual situation.
Basis for processing:
1. "Regulations on Work-related Injury Insurance" (Order No. 375 of the State Council);
2. "About the Appraisal of Employees' Labor Ability Appraisal Fees" Reply on the Charge Standards" (Shanghai Price Fee [1994] No. 237).
Netizen: How to calculate compensation for work-related accidents?
Lawyer Le Yinguo: The calculation of work-related injury claims is complicated. If the work injury is serious, it is recommended to hire a lawyer to claim compensation. For specific claims calculations, please refer to the "Shanghai One-time Payment Table for Work-related Injury Insurance Benefits for Employees Working in Other Places" and the "Summary Table of Work-related Injury Insurance Benefits".
Article input: Yu Yinguo Editor: Yu Yinguo