新《劳动能力鉴定职工工伤与职业病致残等级》及其相关问题的探讨

The New Standard for Identifying Work Ability, Grading of Disability Caused by Work-related Injuries and Occupational Diseases and the Related Issues

通过新、旧《劳动能力鉴定职工工伤与职业病致残等级》比较,新标准较旧标准有了许多进步。目前道路交通事故、人身保险等不同行业伤残鉴定标准普遍存在的问题是对于伤残的基本概念与伤残等级医学鉴定原则认识不足,不同学科伤残等级制定者只注重本学科或本专业的伤残等级的划分,不能很好地平衡不同学科之间的伤残等级。因此,建议制定统一的人体伤残鉴定医学标准,并在此标准基础上根据相关法律法规确定不同行业的赔偿标准和赔偿原则,以期实现司法鉴定与伤残赔偿更加公平和公正。

Compared to the old one, the new ＂Standard for Identifying Work Ability, Grading of Disability Caused by Work-related Injuries and Occupational Diseases＂ has a lot of progress. There is a common problem in different disability evaluation criteria, e.g. assessment for body impairment of the injured in road traffic accident, China insurance disability standard, etc., that the basic concepts of disability and grading principles are not fully understood, and the different standard writers only pay attention to the subject or the division of their own professional scope of disability, which has caused different opinions on the disability grade between different disciplines. Therefore, it is suggested that a unified medical assessment standard for human disability ought to be established. On this basis, the compensation standards and principles would be made in each specific industry, according to the relevant laws and regulations, in order to realize the fairness and justice in judicial appraisal and disability compensation.