[Direct answer]In the Beijing area, the assessment of work capacity (including the assessment of work capacity for workers injured in work-related accidents) needs to be initiated when the injury condition is relatively stable, the worker has a disability that affects their work capacity, and it is generally carried out after the conclusion of the work-related injury identification and the termination of medical treatment. According to Article 21 of the "Regulations on Work-related Injury Insurance", if a worker suffers a work-related injury and their condition is relatively stable after treatment, but they still have a disability that affects their work capacity, a work capacity assessment should be conducted. The municipal-level labor capacity assessment committee shall make a conclusion within 60 days from the date of receipt of the application, and may extend the time limit by 30 days if necessary. It is recommended to first obtain the decision on work-related injury identification, and then apply for the assessment in a timely manner after the condition of the injury is stable and the medical treatment is completed, to avoid affecting the pace of claiming work-related injury benefits. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

One of the most concerned issues for workers injured on the job is "when can they get a labor capacity assessment". Typical scenarios include: the work-related injury has been identified, but the injured person is still under treatment and the internal fixation has not been removed, so they worry that applying too early might cause problems; after the injury condition stabilizes, the employer urges them to finish the assessment as soon as possible, but is vague about the timing of the assessment; and due to not understanding the procedures, they mistake "work-related injury identification" for "labor capacity assessment", resulting in delayed calculation of benefits. The labor capacity assessment directly relates to the starting point of core benefits such as disability allowances and one-time disability compensation. Improper timing may lead to reduced benefits. Related personal injury benefits can be combined withPersonal injury and medical dispute servicesComprehensive judgment.

II. Key points of contention

The controversy over the timing of appraisal focuses on three points. Firstly, whether the "injury situation is relatively stable": in practice, it is often taken as the standard that the clinical treatment is completed and the doctor's orders are stable. Internal fixation that has not been removed may not be prohibited from applying for appraisal in all cases, and it needs to be judged based on the injury situation. Secondly, whether there is "disability or impairment of working capacity": for simple minor injuries that do not reach the level of functional impairment, the appraisal may not be granted, and it is easy for both parties to disagree on the degree of functional impairment. Thirdly, the connection with the conclusion of work-related injury identification: the appraisal committee must first receive a valid work-related injury identification before accepting the application. If the procedural order is incorrect, the application will be returned. For disputes involving benefit calculation, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesAdvance the follow-up claims.

III. Professional analysis by Hengluo Lawyers

Take the mass labor disputes handled by our firm as an example to illustrate the importance of procedural milestones. In August 2025, A Company issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during inspections. The 12 employees entrusted Attorney Feng Na of Beijing Henglu Law Firm to jointly apply for arbitration, first-instance litigation, and second-instance litigation. Timeline: Termination in August 2025, followed by arbitration, first-instance litigation, and second-instance litigation, with the lawyer representing the clients throughout, achieving consecutive victories. The claims of both parties were as follows: The employees requested the rescission of the termination, the restoration of labor relations, the improvement of employment registration, and the company's assumption of legal fees for defending their rights; A Company argued that the contract was not registered, the renewal of the contract violated regulations, and the termination was lawful based on the requirements of the inspection and rectification. The court's reasoning: According to Article 16 of the Labor Contract Law of the People's Republic of China, a written contract becomes effective upon signature and stamping by both parties, and registration with the human resources and social security department is not a prerequisite for effectiveness; According to Article 39 and Article 19 of the Implementing Regulations of the Labor Contract Law, the termination of illegal employees during inspection and rectification does not constitute a unilateral termination prescribed by law; According to Article 48, where the employee requests continued performance, the employer shall continue to perform the contract. Outcome: The arbitration, first-instance litigation, and second-instance litigation all adopted the lawyer's opinion, determining the termination to be unlawful, rescinding the termination, and ordering continued performance, with the case handling fees borne by the company. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 21 (Timing of Appraisal), Article 22 (Labor Capacity Appraisal Committee and Expert Database), and Article 26 (Reappraisal) of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and amended and implemented on December 20, 2010); as well as the provisions on application materials and procedures in the "Administrative Measures for Labor Capacity Appraisal of Work-Related Injury Workers". Practical advice: First, obtain a valid work-related injury identification decision; after the medical treatment is completed and the patient's condition is stable, the employer, the worker, or their close relatives shall submit an application to the municipal-level labor capacity appraisal committee; prepare complete medical records, diagnosis certificates, and imaging materials; if dissatisfied with the conclusion, they may apply for a reappraisal within 15 days. For disputes involving termination, they may refer to the relevant provisions.Business and contract dispute services for enterprisesEvaluate the related claims.

5. Henglu Law Firm's Advice

The timing of the labor capacity assessment should not be too early (as the conclusion on the injury situation may change easily) nor too late (as it may affect the calculation of benefits and the statute of limitations for claims). It is recommended that the injured person keep all medical records and diagnosis certificates, and apply for the assessment as soon as possible after the medical advice stabilizes. If the employer refuses to cooperate with the application, the employee or his/her close relatives can apply for it on their own. If the injured person disagrees with the assessment conclusion, he/she must exercise the right to request a second assessment within 15 days after receiving the conclusion, otherwise he/she will lose the right to seek remedies. If it is necessary to coordinate the handling of work-related injury benefits and labor relations, the injured person can seek help from relevant institutions or professionals.Special services and other case-related servicesDevelop a plan.

VI. Frequently Asked Questions

Q1: Is it guaranteed that the labor capacity assessment will result in a disability rating?

Not necessarily. The labor capacity appraisal is based on the premise that "there is a disability and an impact on labor capacity after the injury situation is relatively stable", and the appraisal experts evaluate it according to national standards. Those who do not meet the functional impairment standards will not be granted a grade. Whether they can be appraised depends directly on the part of the body injured in the work-related injury and the degree of functional impairment, rather than being effective upon application. If there are doubts about whether a disability exists, the attending physician can first issue a diagnosis opinion, and then the applicant can apply based on this opinion to avoid unnecessary trips. If the applicant disagrees with the initial conclusion, they can apply for a re-appraisal within 15 days to seek remedies.

Q2: What materials are required to apply for a labor capacity assessment?

Generally, the following materials are required: the decision on the determination of work-related injury (effective), the identity card or social security card of the person to be appraised, a recent passport-sized photo, complete medical records and diagnosis certificates, hospitalization or outpatient medical records and imaging materials (such as X-ray, CT, MRI films and reports), as well as the application form for labor capacity appraisal. The materials should objectively reflect the injury situation and treatment process, and be submitted to the municipal-level labor capacity appraisal committee by the unit, the worker with a work-related injury, or their close relatives; if the unit does not cooperate, the worker can apply on their own. It is important not to delay the process due to incomplete materials.

Q3: How much does it cost to get a labor capacity assessment, and who should bear the cost?

The labor capacity assessment fees are subject to government pricing or charged according to prescribed standards, with the fees varying across different regions. Generally, the applicant is required to pay the fees upfront. According to regulations, the labor capacity assessment fees for workers injured on the job are covered by the work-related injury insurance fund if they are insured, and by the employing unit if they are not insured. The necessary expenses incurred for the assessment can be processed together with the claims for benefits. The specific amounts are subject to the public announcements of the local assessment institutions. It is recommended to consult the assessment committee about the fee standards and reimbursement procedures before applying for the assessment.

Q4: How long does it usually take to obtain the conclusion of the labor capacity assessment?

According to Article 25 of the "Regulations on Work-Related Injury Insurance", the municipal labor ability appraisal committees with established districts shall reach a conclusion within 60 days from the date of receipt of the application for labor ability appraisal. Where the injury situation is complex and involves multiple medical and health professionals, the time limit may be extended by 30 days. After the conclusion is reached, it shall be promptly delivered to both parties of the application. If the applicant disagrees with the conclusion, he/she may apply to the provincial labor ability appraisal committee for a re-appraisal within 15 days from the date of receipt. The conclusion of the re-appraisal shall be the final conclusion, and the time limit shall be calculated separately.

Q5: I want to apply for a labor capacity assessment. How should I proceed specifically?

It is recommended to follow four steps: First, confirm that you have obtained a valid work-related injury identification decision, which is a prerequisite for acceptance; Second, after the treatment is completed and the patient's condition is relatively stable, organize the medical records, diagnosis certificates, and imaging materials; Third, submit the application form and materials to the municipal-level labor capacity appraisal committee in the employer's location. If the employer refuses to cooperate, you can apply on your own; Fourth, wait for the expert group to appraise and pick up the conclusion. If you disagree with the conclusion, you can apply for a re-appraisal within 15 days. Throughout the process, keep the delivery and payment receipts, and consult a professional lawyer when necessary to coordinate the benefits.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 public 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. If a dispute arises, please consult a practicing lawyer in time.