First, the procedure of labor ability appraisal:
1, the employer, injured workers or their immediate family members shall apply to the Municipal Labor Ability Appraisal Committee for labor ability appraisal;
2. Provide relevant information on the determination of work-related injuries and the medical treatment of employees;
3. 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;
4. 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. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final;
5. After 1 year since the conclusion of labor ability appraisal is made, 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 labor ability re-appraisal.
Second, the labor ability appraisal level:
The labor ability appraisal is divided into three levels: labor function 10 (the heaviest 1 0, the lightest 10) and self-care disorder (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).
Third, the avoidance of labor ability appraisal:
If the staff of the office of the Labor Appraisal Committee and the labor appraisal experts are under any of the following circumstances, the employer and the appraiser have the right to apply for withdrawal orally or in writing:
(1) is the legal representative or principal responsible person of the employing unit and a close relative of the appraiser;
(2) Having an interest in the appraiser and the employing unit;
(3) Having other relations with the appraised person and the employing unit, which may affect the fair conclusion of the appraisal.
The withdrawal of the office staff of the Labor Appraisal Committee shall be decided by the director of the Labor Appraisal Committee; The withdrawal of labor appraisal experts is decided by the person in charge of the office of the labor appraisal Committee.
The director of the labor appraisal committee and the person in charge of the office shall make a decision on the application for withdrawal within seven days, and notify the employer and the appraiser orally or in writing.
Four, the conclusion of labor ability appraisal:
(1) The labor appraisal committee makes appraisal conclusions according to national standards, labor laws and regulations and appraisal opinions.
(2) If the employer or appraiser refuses to accept the appraisal conclusion made by the labor appraisal committee, he may apply to the local labor appraisal committee for review; If you are dissatisfied with the conclusion of re-appraisal, you may apply to the labor appraisal committee at the next higher level for re-appraisal. The final conclusion of the review appraisal is made by the Provincial Labor Appraisal Committee.
(three) the director of the labor appraisal committee at all levels found that the appraisal conclusion made by the committee was wrong and needed to be re-appraised, and should be submitted to the appraisal committee to decide whether to re-appraise.
If it decides to re-appraise, the appraisal committee shall decide to revoke the original appraisal conclusion.
The appraisal decision shall be signed by the director of the appraisal committee and stamped with the seal of the appraisal committee.
After the appraisal committee declares the original appraisal conclusion invalid, it shall form an expert group to conduct appraisal again within seven days from the date of invalidation, and the new appraisal conclusion shall be made within thirty days from the date of the composition of the expert group. After the appraisal conclusion is made, it shall be served in accordance with the provisions, and the addressee shall indicate the date of receipt, signature or seal on the service receipt.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Regulations on Industrial Injury Insurance
Twenty-third employers, employees with work-related injuries or their close relatives shall apply to the municipal labor ability appraisal committee with districts, and provide relevant information on the determination of work-related injuries and the medical treatment of employees with work-related injuries.
Twenty-fifth districts of the city labor ability appraisal committee after receiving the application for labor ability appraisal, it shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward the appraisal opinions. According to the expert group's appraisal opinions, the municipal labor ability appraisal committee with districts makes a conclusion on the labor ability appraisal of workers with work-related injuries; When necessary, a qualified medical institution may be entrusted to assist in the relevant diagnosis.
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.