[Direct answer]In the Beijing area, workers who refuse to cooperate with the labor capacity assessment will bear unfavorable legal consequences. According to Article 42 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010), if a worker refuses to accept the labor capacity assessment without a valid reason, the social insurance administrative department may suspend their entitlement to work-related injury insurance benefits. If the worker refuses to accept the labor capacity assessment, resulting in the inability to confirm the disability level and benefit standards, the relevant unfavorable consequences shall be borne by the worker himself. In practice, if workers evade the assessment on false grounds, not only may their benefits be suspended, but also it will affect the subsequent calculation of compensation. It is recommended to cooperate with the assessment in accordance with the law and make reference to it.Labor disputes and work-related injuriesColumn.

I. Problem background and typical scenarios

These types of questions are commonly encountered in several situations: First, workers who are dissatisfied with the initial assessment level intentionally refuse to cooperate with the review or reassessment; Second, workers who are worried about a low assessment level delay submitting materials; Third, employers or social security agencies require an assessment, but workers avoid it for various reasons; Fourth, workers have already sought compensation elsewhere and are unwilling to go through the work-related injury assessment process; Fifth, when relatives claim compensation on behalf of the workers, conflicts with the workers' own attitudes may lead to low cooperation. When handling such cases in the Beijing area, we usually first distinguish between refusing without a valid reason and being unable to assess due to objective reasons, and then determine whether the benefits should be suspended. The relevant procedures can be referred to for reference.Labor disputes and work-related injuriesColumn.

II. Key points of dispute

Focus One: The prerequisite for suspending benefits are refusing to accept a labor capacity assessment without a valid reason. Focus Two: Distinguishing between subjective malice and objective inability. Being unable to attend due to illness or injury is different from intentionally evading the assessment. Focus Three: The scope of suspension is to temporarily suspend relevant work injury insurance benefits, not all of them. Focus Four: Restoration after cooperation. When workers subsequently accept the assessment, their benefits will be restored, and the restoration period will start from when. Focus Five: Remedies for the suspension decision. Focus Six: The impact of refusing to cooperate on civil compensation litigation. The court may handle it as appropriate. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. For related personal injury disputes, please refer to the relevant provisions.Personal injury and medical disputesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, whether or not cooperation in the labor capacity appraisal process directly affects the implementation of benefits, while the labor relations and wage disputes parallel to the appraisal also require professional handling. Taking a labor dispute case handled by our firm as an example, in August 2025, A Company issued termination notices to unilaterally terminate contracts with twelve employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during inspections. During their employment, these employees provided labor, accepted management, and received wages normally. Some of them even renewed their labor contracts. The twelve employees entrusted our lawyers to jointly apply for arbitration, first-instance and second-instance litigation. The lawyers pointed out that the labor relationship is established from the date of employment, and the written contract becomes effective upon signing and stamping by both parties. Social security registration is not a prerequisite for effectiveness, and rectification of inspection and irregular recruitment are not statutory circumstances for unilateral termination. The arbitration, first-instance, and second-instance courts all adopted the lawyers' opinions, determining that the termination was illegal, revoking the termination, and ordering continued performance. This case shows that the protection of workers' various rights and interests requires accurate legal application and solid evidence; the case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action proposal: Firstly, injured workers should cooperate with the labor capacity appraisal in a timely and truthful manner, and avoid refusing it without a valid reason, which may lead to the suspension of their benefits. For more details, please refer to the relevant guidelines.Special services and other casesFirst, for those who are unable to attend the appraisal due to objective reasons, they should submit the hospital certificate in time and apply for an extension or on-site appraisal. Second, those who disagree with the initial conclusion should apply for a re-appraisal within 15 days, rather than refusing to cooperate or resisting. Third, after the benefits are suspended, they should actively undergo appraisal to restore the relevant benefits. Fourth, if there are labor relations and wage disputes at the same time, they should claim them in accordance with the law. In terms of legal basis, Article 42 of the "Regulations on Work-Related Injury Insurance" clearly stipulates that refusing to accept the work capacity appraisal may suspend the benefits; Article 26 of the "Regulations on Work-Related Injury Insurance" stipulates the remedy of applying for a re-appraisal within 15 days.

5. Henglu Law Firm's Reminder

Risk warning: Firstly, refusing to undergo an appraisal without a valid reason will directly suspend the workers' compensation insurance benefits, which is not worth the candle; Secondly, if you are dissatisfied with the appraisal result, you should resolve the issue through a re-appraisal rather than evading the appraisal; Thirdly, if you are objectively unable to attend the appraisal, you must actively provide evidence and apply for alternative arrangements, otherwise you may be deemed to have no valid reason; Fourthly, there is no conflict between cooperating with the appraisal and claiming other labor rights, and you can proceed with both simultaneously. For matters involving termination and compensation, you can refer to the relevant provisions.Business and contract disputes in enterprisesThe column. It is recommended to entrust a professional lawyer as soon as possible to clarify the obligations of cooperation and the path of remedies.

VI. Frequently Asked Questions

Q1: What are the consequences of refusing to cooperate with the appraisal?

According to Article 42 of the "Regulations on Work-Related Injury Insurance", if a worker with a work-related injury refuses to accept the labor capacity assessment without a valid reason, the social insurance administrative department may suspend their eligibility to receive work-related injury insurance benefits; if they refuse to accept the assessment and this results in the inability to confirm the injury level and benefits, they shall bear the adverse consequences themselves. In practice, this may lead to the suspension of relevant benefits and affect the calculation of compensation. However, if the worker is objectively unable to attend the assessment due to injury or illness and submits proof, this does not constitute a refusal without a valid reason, and the suspension of benefits should not be imposed.

Q2: What evidence do I need to prepare if I refuse to cooperate?

If the employer or social security agency claims that the employee refuses to cooperate, the following documents should be prepared: the notice and delivery certificate from the Labor Capacity Appraisal Committee; records of the employee's refusal to attend without a valid reason, such as text messages and receipts; materials proving that the employee has been identified as having suffered a work-related injury; and, if the employee claims that it is objectively impossible to attend, they should submit hospital certificates, medical records, and applications for extensions. These documents are used to distinguish between malicious evasion and objective inability, which is the key to determining whether to suspend the process. The evidence should reflect the entire process of notification and response.

Q3: How much does it cost if I don't cooperate with the appraisal?

The assessment of work capacity is subject to fees charged in accordance with regulations, which are typically borne by the work-related injury insurance fund or the employing unit. Refusing to cooperate does not incur additional fines. If a dispute arises over the termination of benefits and an arbitration or lawsuit is initiated, the arbitration is free of charge, and the litigation fees are charged at a low standard. If a lawyer is hired to assist, the lawyer's fees will be negotiated based on the complexity of the case. The specific fees will depend on whether there is a dispute, so it is recommended to first assess the obligation to cooperate.

Q4: Are there any time limits for cooperation in appraisal?

The appraisal notice will specify the time to attend, and employees should cooperate on time. If they disagree with the initial conclusion, they must apply for a re-appraisal within 15 days from the date of receipt. If their benefits are suspended due to non-cooperation, the benefits will be restored after the subsequent appraisal, and the starting date of the restoration will be determined in accordance with local regulations. The key is to take action within the time limit. Delays will not only suspend benefits but also may affect the compensation deadlines.

Q5: What should I do if I'm asked to provide an appraisal but don't want to do it?

Firstly, injured workers should cooperate with the appraisal in a timely and truthful manner; Secondly, those who are objectively unable to attend the appraisal should submit a hospital certificate and apply for an extension or on-site appraisal; Thirdly, if they are not satisfied with the appraisal result, they should apply for a re-appraisal within 15 days instead of evading it; Fourthly, after the benefits are suspended, they should take the initiative to make up for the deficiencies to restore them; Fifthly, if there are concurrent labor disputes, they should claim them in accordance with the law. For reference onlyBeijing Henglu Law FirmAn explanation of similar work capacity assessment experiences on the official website.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.