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Regarding the relationships between concepts such as work-related injuries, disability grades, and the severity of injuries, etc

2009-02-19View Original

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In the event of a work-related injury, an injury assessment is required, and workers’ compensation payments are made based on the results of that assessment. Is the result of the work-related injury assessment equivalent to the disability grade? If it is only an injury without disability, is there a disability grade? All injury incidents must be reported; so how should the severity of injuries be determined when making such reports? Are minor and serious injuries related to the disability grade? Could you provide some evidence for the above questions? Welcome to the expert for clarifying the above relationships; thank you! Due to my limited knowledge, I may have misunderstood some of these concepts; please forgive me!
Reply #22009-02-19
New standards for work-related injury assessment: GB/T 16180-2006. There are too many details; please provide a link: http://www.labournet.com.cn/gongshangbao*an/gsyzy.htm
Reply #32009-02-19
Work-related injury recognition and disability assessment are two different concepts; work-related injury recognition is used to determine whether an employee was injured at work. Disability assessment, conducted after recovery, is used to determine the level of disability resulting from an injury; this assessment is not limited to work-related injuries.
Reply #42009-02-19
I. In the event of a work-related injury, it is necessary to conduct an injury assessment, and workers’ compensation payments are made based on the results of that assessment. Is the result of the work-related injury assessment equivalent to the disability grade? If it is only an injury without disability, is there a disability grade? Answer: In accordance with Article 17 of the Regulations on Work-related Injury Insurance, when an employee suffers an accident-induced injury or is diagnosed or identified as having an occupational disease in accordance with the Law on the Prevention and Control of Occupational Diseases, the employer shall, within 30 days from the date of the accident-induced injury or the date of diagnosis or identification as having an occupational disease, submit an application for work-related injury recognition to the labor security administrative department of the jurisdictional area. In case of special circumstances, with the approval of the labor and social security administrative department, the application deadline may be appropriately extended. If the employer fails to file an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured worker or his/her immediate relatives, or the trade union organization may, within 1 year from the date of the accident or the date on which the illness is diagnosed or identified as an occupational disease, directly file an application for work-related injury recognition with the labor security administrative department in the jurisdiction where the employer is located.   Matters that, in accordance with the first paragraph of this article, should be subject to work-related injury determination by provincial labor and social security administrative departments shall, in accordance with the principle of territorial jurisdiction, be handled by the municipal labor and social security administrative department in the location of the employer.   If the employer fails to submit an application for work-related injury recognition within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses related to work-related injury benefits that arise during that period and are in accordance with the provisions of these regulations.   In accordance with the \"Criteria for Assessing the Degree of Disability Caused by Work-related Injuries and Occupational Diseases among Employees\" (GB/T 16180-2006), this standard is applicable to determining the degree of disability resulting from work-related injuries or occupational diseases suffered by employees during their professional activities. This standard classifies the degree of disability from level 1 to level 10. Based on the above, I personally believe that unless no assessment is requested, as long as an assessment is sought, a grading will definitely be assigned; injuries that are less severe may simply not qualify for a grading. II. All injury incidents must be reported; then, how should the severity of injuries be determined when making such reports? Are minor and serious injuries related to the disability grade? Definition of severe injuries in the Classification of Work-related Injury and Illnesses of Enterprise Employees GB 6441-86 4.1 Minor injuries Refer to disabling injuries resulting in less than 105 lost working days.  4.2 Severe injury refers to an incapacitating injury for which the number of lost working days as specified in Table B of the appendix is equal to or exceeds 105 days. It is calculated based on the number of lost workdays. It is used by enterprises to calculate losses on their own; refer to the \"Statistical Standards for Economic Losses from Accidents Involving Enterprise Employees\". For the calculation of the value of work loss, see Equation (2): VW = DL·M/(S·D) ...................... (2) Where: VW – Value of work loss, in ten thousand yuan ; DL – The total number of workdays lost as a result of an accident. For each worker who dies, this is calculated as 6,000 workdays; for injured workers, the figure is determined based on the severity of the injury, in accordance with the appendix to GB6441-86, the “Classification Standard for Work-related Injuries and Deaths among Enterprise Workers”. Based on the above, any reports must be prepared in accordance with this classification standard, using the concept of lost workdays to determine whether the injury is minor or severe (based on the location of the injury). The above are merely my personal interpretations; please feel free to correct me if I’m wrong
Reply #52009-02-19
Under normal circumstances, the determination of work-related injury first involves assessing whether it is indeed a work-related injury; thereafter, the degree of disability is assessed, and insurance compensation for work-related injuries is calculated based on these findings! For those who suffer only minor injuries that do not result in disability, such injuries are not serious enough to prevent them from continuing to work or result in the loss of working days; therefore, no one will apply for an injury recognition ! Additionally, in 1990, the Ministry of Public Security issued three assessment standards: the \"Standards for Assessing Minor Injuries to the Human Body,\" the \"Standards for Assessing Minor Injuries to the Human Body,\" and the \"Standards for Assessing Serious Injuries to the Human Body,\" which can also serve as a reference!

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