Many of the workers who had an accident knew only that they were going to make an injury determination, mistakenly assuming that they would be paid for it, but that was the first step on which it was based. The key to determining how much money you can pay and whether you can lose is a job qualification. In reality, a large number of workers, who do not understand the criteria for identification, do not account for compensation, either lower the level of disability, or fail to account for compensation items and lose tens of thousands or even hundreds of thousands of dollars。
At present, there is a uniform nationwide assessment of the capacity to work. Today, the whole set of exercises has been completed, including the logic of the classification of disability at levels 1-10, a template for calculation of compensation, a list of declarations, and the main points of the pits, all of which are based on the official rules of the ministry of human welfare, so that ordinary people can check their injuries, estimate compensation and defend their legitimate labour rights and interests。
First, understand: what is the assessment of labour capacity
Many are in error: the larger the wound, the more bleeding, the higher the degree of disability. That's totally wrong。
The competency assessment only assesses two core dimensions, not directly related to the size of the trauma:
1. Loss of organs: irreversible organ damage, such as loss of limbs, removal of dirty organs, loss of teeth, loss of eyeballs, is the core basis for rating
2. Levels 1-10, 1st and 10th are classified by the degree of functional impairment of daily work: ability to work normally after injury, to bend over, to walk heavily, and to manage life。
Simple distinguishing gradient:
- levels 1-4: full/mostly incapacitated, unable to work normally, receiving a monthly disability allowance until retirement
- level 5-6: partial incapacity to work, inability to place a job, disability allowance or substantial lump-sum allowance for termination of contract
- levels 7-10: a small part of the disability, most of the injury is returned to work, and the main amount is one-time disability benefit and medical employment benefit。
Ii. Common comparison of core standards for the classification of occupational injuries at levels 1-10 version
Top 1
The body is severely disabled and life is completely inoperable, such as paralysis of the body, loss of light from the eyes and the inability to sustain basic activities with multiple organs。
Level ii
Most of their lives are not self-care, their limbs are severely disabled, their mental impairment is severe, and their daily food and drinking are in need of personal care。
Level iii
The part of life is not self-care, the single limb is completely missing, the internal organs are severely damaged, and only very simple and light activities are carried out。
Level four
There is a severe loss of working capacity, which requires no 24-hour support, but is unable to participate in any regular work。
Five
The absence of single limbs and the partial removal of dirty organs make it difficult for enterprises to arrange suitable work。
Level six
Moderate loss of organs, significant reduction of capacity to work and continued inability to handle units after their transfer。
Level 7
There is a slight loss of body parts and organs, a marked decline in labour capacity and a limitation on physical and fine work。
Level viii
Local organ damage and daily basic activities are unrestricted, but high intensity and fine work cannot be accomplished。
Level 9
Light functional impairments, when restored, are generally able to work normally, but leave a permanent legacy。
Ten's the lightest, the most common
Minor partial physical impairments, minor functional impairments, which do not affect normal work after recovery, such as a broken finger, a slight half-slab injury, a broken tooth of two or more, and a slight broken ribs, are the most common occupational injuries at the site and plant。
Iii. A full compensation package for work-related injuries with a direct hierarchy of calculations
The injury compensation is divided into three sections, all of which are available on a superseding basis, and there is no single option:
Block 1: treatment is available for all levels
1. Wages for the period of absence from work: in the period of rest and recuperation for injury, the unit is paid the average monthly wage for a maximum period of 12 months; serious injuries may be assessed and extended to 24 months. The fact that many enterprises pay a minimum wage and a local minimum wage is a clear violation。
2. Medical care, in-patient food supplement, transport, accommodation and accommodation: full reimbursement of the costs of treatment in accordance with the list of occupational injury insurance; fixed daily food allowance for hospitalization and reimbursement of transportation and accommodation expenses for travel abroad。
3. Care costs: during hospitalization, after discharge from hospital, if it is determined that care is required, care costs are paid on a monthly basis, with full care, most care and partial care in the third stage。
Block 2: fixed disability benefit will be awarded immediately and from the employment injury insurance fund
The base figure is the average monthly contribution wage of the person for the 12 months preceding the injury:
Level 1: 27 months'salary |2: 25 months |3: 23 months |4: 21 months
Level 5: 18 months | 6: 16 months | 7: 13 months | 8: 11 months
Level 9: 9 months | 10: 7 months
Block 3: dismissal/dismissal of a one-time allowance of 5-10 exclusive, not available on duty
It consists of two amounts: lump-sum medical benefits for injury at work and lump-sum employment benefits for disability, the standard of which is updated annually by the provincial social offices, and the amount varies widely。
For a general reference logic, most of the benefits at level 10 are in the 4-8 month average; at level 9 6-10 months, the higher the benefits。
It is important to remind that, as long as the employment contract is not actively terminated, the money is not released for the time being; it is still available for a one-time claim upon separation and retirement, without expiry。
Supplement: additional long-term entitlements at level 1-4
A disabled employee of level 1-4 who retains a working relationship and receives a monthly disability allowance at the rate of 75 to 90 per cent of his/her salary until retirement age; if he/she is unable to support himself/herself, he/she receives monthly maintenance for life。
Iv. A complete filing process, one step at a time
1. First step: to declare within 30 days of an accident at work and not to declare an individual within one year
Preparation of documents: application form for the determination of an injury at work, contract for proof of labour relationship, work card, salary flow, testimony of a worker, medical records of a hospital, description of the accident, identity card。
Department responsible: local people's social institute, industrial injury section. It was only by obtaining a decision on the determination of an injury that it was established that it fell within the scope of the injury。
2. Step 2: identification of injuries at work; application after treatment
The only legal basis for the accounting of compensation is to carry a certificate of identification, a full medical file ct and a report of the examination, to submit an application to the municipal commission for the identification of work capacity, to organize a uniform expert examination and to issue a conclusion on the determination of work capacity。
3. Step 3: application for compensation for injury at work
- occupational injury insurance is paid by the employer: medical expenses, disability benefits and medical benefits are paid by the employment injury insurance fund; the wages for work stoppage and employment benefits are paid by the employer。
- non-payment of work-related injury insurance: the full amount of the compensation is paid in full by the enterprise。
4. Step 4: unit refusals, denials of access to compensation
The consultation did not lead directly to a certificate of injury at work, the findings of the determination and the application for labour arbitration; the outcome of the arbitration was contested by the court, and the 12333-person social hotline was able to file a simultaneous complaint of an enterprise's violation。
Five of the deadliest faults a worker can step on
Mistake 1: privately sign a “one-time settlement agreement” with the boss at a low price
Many employers sign thousands of dollars for workers when they are injured, and the agreement says “follow up all costs”. As long as there is no determination of work injury or capacity, such agreements are manifestly unfair and can be followed up by arbitration and settlement of the difference, but will be time-consuming and will not recommend private settlement。
Mistake 2: no work injury, no compensation for failure to pay social security
The payment of work injury insurance is a statutory obligation of the enterprise, and it is only the issue of the money that has not been covered that has changed. All legal compensation is not less than one cent, and the company bears all the costs and does not lose its work injury treatment because of the absence of social security。
Misdirection 3: illnesses and injuries only, and no competency assessment
Without a degree of disability certification, arbitration, courts are unable to account for lump-sum disability benefits, medical employment benefits, up to reimbursement of medical expenses, rest and recuperation wages, and substantial disability compensation is not available, resulting in losses of tens to hundreds of thousands。
Mistake 4: no work injuries reported for more than a year
As of the day of the accident, the individual's declaration of the injury is strictly limited to one year, the swd is directly inadmissible, the means of compensation for the injury have been completely lost, and the process must be expedited。
Error area 5: basic pay only for the period of absence from work
The salary rate for the period of absence from work is the total average income for the 12 months preceding the injury, which includes overtime, performance, unitization and cannot be paid only the base salary, and the difference can be arbitrated to require the enterprise to make up。
Vi. At the end
The determination of an injury at work is only a starting point for the defence of rights, and the determination of the level of capacity for work is central to determining the amount of compensation. There was no change in the national disability classification criteria for 2026, and clear legal provisions were used to support compensation items at each of the levels 1 to 10。
Whether it is a site construction worker, a factory water line worker or an office employee, they can check their treatment against this standard, provided they meet the conditions of the injury. It is recommended that this document be transmitted to the working relatives and relatives around them, in the event of an injury at work, and that a step-by-step approach be taken in the event of a work injury, without the enterprise being forced to pay compensation, without losing any statutory benefit, and that the full amount of the work injury compensation be legally paid。
