On the issue of the unit's request for reexamination and appraisal after one year of work-related injury appraisal;

The premise of applying for re-examination and appraisal is that there is a labor relationship with the employer.

Legal analysis

First of all, from the perspective of legal application, workers may not apply for re-examination and appraisal if their labor relations have been terminated. Even if the laborer entrusts other appraisal institutions to re-evaluate his injury, he can't ask for adjustment of industrial injury insurance benefits. Therefore, if the employee and the employer have dissolved the labor relationship and received the corresponding work-related injury insurance benefits, they can no longer re-evaluate the labor ability according to the provisions of Article 28 of the Regulations on Work-related Injury Insurance in People's Republic of China (PRC) (hereinafter referred to as the Regulations). In addition, after the termination of the labor relationship between the laborer and the employer, the employer did not manage the labor, so it is uncertain whether there is a correlation between the change of the injury and the industrial accidents.

Secondly, if there is a labor relationship and no corresponding work-related injury treatment is obtained, the workers or their close relatives, their units or agencies can apply for re-examination and appraisal. Disability may change after a certain period of time. For example, after the recurrence of work-related injuries, new situations can be determined according to specific conditions to better protect the rights and interests of workers.

Finally, a one-year observation period can avoid frequent re-examination, ensure normal appraisal procedures and better safeguard the rights and interests of workers.

legal ground

Regulations of People's Republic of China (PRC) Municipality on Industrial Injury Insurance

Twenty-eighth from the date of the conclusion of the labor ability appraisal 1 year later, if the injured workers or their close relatives, their units or agencies think that the disability situation has changed, they can apply for the re-examination and appraisal of the labor ability.

Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:

(1) Being injured by an accident during working hours and in the workplace;

(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;

(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;

(4) Suffering from occupational diseases;

(five) during the business trip, injured or missing due to work reasons;

(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;

(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.