What Should an Employee Do If They Disagree with the Labor Capacity Assessment Conclusion?

When an employee suffers a work-related injury and, after treatment, their condition is relatively stable but results in a disability that affects their labor capacity, or when their period of suspension of work with pay expires (including any extended period confirmed by the Labor Capacity Assessment Committee), the injured employee or their employer should promptly apply for a labor capacity assessment to the municipal-level Labor Capacity Assessment Committee in the districted city.

For those applying for a labor capacity assessment to receive disability allowances due to illness or non-work-related injuries, the disabled individual or their employer should submit the application to the municipal-level Labor Capacity Assessment Committee in the districted city where the benefits are received or where they were last insured.

What Materials Are Required to Apply for a Labor Capacity Assessment? To apply for a labor capacity assessment, one must fill out the Labor Capacity Assessment Application Form and submit the following materials:

Valid medical diagnosis certificates.

Complete medical records, such as examination and test reports, copied or reproduced in accordance with the relevant regulations on medical record management of medical institutions.

The original Resident Identity Card, Social Security Card, or other valid identity documents of the person to be assessed.

Note: Application materials that can be obtained through government information sharing shall not be requested for duplicate submission. Areas with the necessary conditions may accept labor capacity assessment applications online.

Does a Personal Application Require the Employer's Stamp? According to the Regulations on Work-Related Injury Insurance and the Measures for the Administration of Labor Capacity Assessment, an employee can independently submit a labor capacity assessment application by filling out the form and providing the relevant documents.

Therefore, if an individual applies, obtaining the employer's official stamp is not a mandatory procedure.

How Long After Applying Can the Assessment Be Conducted? After receiving the application, the Labor Capacity Assessment Committee will promptly review the submitted materials:

Incomplete Materials: The Committee shall, within 5 working days of receiving the application, inform the applicant in writing or electronically—all at once—of all the materials that need to be supplemented and corrected, along with a reasonable deadline. If the applicant fails to provide the supplementary materials within the deadline without a justifiable reason, they will be deemed to have abandoned the current application.

Complete Materials: The Committee shall promptly organize the assessment and issue a labor capacity assessment conclusion within 60 days from the date of receiving the application. If the injury or medical condition is complex and involves multiple medical and health specialties, the deadline for issuing the conclusion can be extended by up to 30 days.

What Is Included in the Assessment Conclusion? The Labor Capacity Assessment Committee issues the conclusion based on the assessment opinions of an expert group. The Labor Capacity Assessment Conclusion Document shall specify the following items:

Basic information of the person being assessed and their employer.

Introduction to the injury or illness, including the location of the injury/illness/disability, the degree of organ dysfunction, and diagnosis details.

The basis for making the assessment.

The final assessment conclusion.

Notification of the applicant's rights and interests.

How to Check the Labor Capacity Assessment Results? The Labor Capacity Assessment Committee shall promptly deliver the assessment conclusion to the assessed person and their employer within 15 days from the date the conclusion is made. The conclusion will also be copied to the local human resources and social security administrative department and the social insurance agency.

What Should an Employee Do If They Disagree with the Conclusion? If the injured employee, their employer, the person disabled due to illness or non-work-related injury, or their employer disagrees with the initial assessment conclusion:

They may apply for a re-assessment to the Labor Capacity Assessment Committee at the provincial, autonomous region, or centrally administered municipality level within 15 days from the date of receiving the initial assessment conclusion.