[Direct answer]In the Beijing area, the cost of labor capacity appraisal is usually paid in advance by the applicant, and the final responsibility for payment is determined according to the circumstances: for workers injured in work-related accidents, the appraisal fee is paid by the work-related injury insurance fund if they are covered by work-related injury insurance, and by the employing unit if they are not covered by insurance according to law; for non-work-related injuries, the appraisal fee is generally paid by the individual themselves. If the appraisal is commissioned by the court, the losing party may be required to bear the cost. According to the "Regulations on Work-Related Injury Insurance" and local implementation measures, the appraisal fee is an expense related to work-related injury benefits. It is recommended to first confirm the insured status and local fee standards, and after paying in advance, claim reimbursement from the responsible party with receipts during benefit calculation or litigation. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Work-related injury victims often wonder, "Who should pay for the appraisal fees?" Typical scenarios include: the employer refuses to advance the funds on the grounds that the injury has not been recognized, forcing the worker to pay out of pocket; insured workers advance the funds but do not know how to claim reimbursement from the work-related injury insurance fund; disputes arise over who should bear the appraisal fees when the employer fails to comply with the law and purchase insurance; and workers who apply for appraisals on their own due to non-work-related injuries must bear the costs themselves but still want to claim compensation from others. Although the appraisal fees are not large in amount, they directly affect the cost of safeguarding rights. If handled improperly, they may easily become "unjustified expenses". For disputes over related benefits, you can refer to the following provisions for reference.Personal injury and medical dispute servicesEvaluate them together.

II. Key points of contention

There are three main points of contention regarding the burden of appraisal fees. Firstly, the distinction between work-related injuries and non-work-related injuries: appraisal fees in the case of work-related injuries may be borne by the fund or the employer, while ordinary personal injury appraisal fees are generally self-paid. Secondly, the difference between being insured and not being insured: insured individuals are covered by the work-related injury insurance fund, while uninsured individuals are borne by the employer, who often use this as an excuse to evade responsibility. Thirdly, the connection between advance payment and reimbursement: advance payment is made first, followed by reimbursement based on receipts. If the employer refuses to cooperate with the reimbursement process, it is necessary to pursue claims through arbitration or litigation. For issues related to benefit calculation, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesAdvance.

III. Professional analysis by Hengluo Lawyers

Take the labor disputes handled by our firm as an example to illustrate the attribution of costs and responsibilities. In August 2025, A Company Limited issued "Notices of Termination of Employment Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds of inspection and rectification, unilaterally terminating the contracts. The 12 employees entrusted Attorney Feng Na of Beijing Henglu Law Firm to apply for arbitration, first-instance and second-instance litigation. Both parties claimed that: the employees requested the revocation of the termination, the restoration of the employment relationship, and the improvement of the employment registration, and the company should bear the attorney's fees for safeguarding rights; A Company claimed that the contract was not registered and the termination was legal. The court reasoned: according to Article 16 of the Labor Contract Law of the People's Republic of China, the registration with the human resources and social security department is not a prerequisite for the contract to take effect; according to Article 39 and Article 19 of the Implementing Regulations of the Labor Contract Law, the inspection and rectification and the dismissal are not legally recognized unilateral termination circumstances; according to Article 48, the contract should continue to be performed. Result: the arbitration, first-instance and second-instance litigation all adopted the lawyer's opinion, determining that the termination was illegal, revoking the termination, and requiring continued performance, with the case acceptance fees borne by the company. This case shows that reasonable costs incurred in legally safeguarding rights can be claimed from the responsible party according to law. 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

According to the provisions of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and amended and implemented on December 20, 2010) regarding work-related injury benefits and the scope of fund payment, as well as the specific rules on the disbursement of labor capacity appraisal fees stipulated in the "Implementation Measures for Work-Related Injury Insurance" in various regions; and the provisions of the "Procedures for Payment of Litigation Costs" regarding case acceptance fees, etc. Practical suggestions: Work-related injury victims should first confirm whether their employers have participated in the insurance program; when paying for the appraisal fees in advance, they should request formal receipts; for those who have participated in the insurance program, they should apply for reimbursement from the work-related injury insurance agency; for those who have not participated in the insurance program, they should claim from their employers; if no agreement can be reached, they can request the employers to bear the corresponding responsibilities in arbitration or litigation. For related benefits, they can combine them together.Business and contract dispute resolution services for enterprisesEvaluation.

5. Henglu Law Firm's Advice

Although the appraisal fee is small, it is a legally claimable cost of protecting one's rights, so don't give it up just because the amount is not large. The key is to distinguish between work-related injuries and non-work-related injuries, and between those who are insured and those who are not insured: work-related injuries and insured cases are paid by the fund, and uninsured cases are borne by the unit. When making advance payments, be sure to obtain receipts and specify the purpose of the payment, which will facilitate subsequent reimbursement or claims. If the unit refuses to bear the responsibility, it can be included in the arbitration or litigation requests. If you need to coordinate multiple expenses, you can use the help ofSpecial services and other case-related servicesDevelop a plan.

VI. Frequently Asked Questions

Q1: Must the unit bear the cost of the labor capacity assessment?

Not necessarily. The final responsibility for the appraisal fee depends on whether it is a work-related injury and the insured status: If the worker has participated in work-related injury insurance, the appraisal fee will be paid by the work-related injury insurance fund; if the employer has not participated in the insurance according to law, the employer will bear the responsibility; for non-work-related injuries, the appraisal fee is generally self-paid. Therefore, it's not always borne by the employer. It is recommended to first verify the conclusion of the work-related injury identification and the employer's insured status, and then determine the path of advance payment and reimbursement to avoid being rejected due to assumptions. If the employer refuses to bear the expenses it should bear, the worker can claim compensation according to law.

Q2: What evidence is required to apply for reimbursement of the labor capacity assessment fee?

The core evidence includes: the decision on the determination of work-related injury (which proves the nature of the work-related injury and is a prerequisite for the fund or the unit to assume responsibility), the official receipts for the labor capacity assessment (stamped by the charging unit and indicating the assessment items), payment vouchers and bank statements, as well as materials that can prove that the person making the advance payment is the worker injured in the work-related accident or his/her close relatives. If it is claimed that the unit should bear the responsibility, it is also necessary to prove the facts that the unit has not participated in the social insurance or should bear the responsibility. The evidence materials should form a closed loop, proving that "the work-related injury, the advance payment, and the reasonable expenses" exist, so as to facilitate the reimbursement by the handling agency or gain support in arbitration and litigation.

Q3: How much does it generally cost to obtain a labor capacity assessment report?

The appraisal fees are set by the government or charged according to prescribed standards. They are not uniform across the country, and are jointly determined by the price regulatory departments and human resources and social security departments of each province. The fees typically range from hundreds of yuan per person, with slightly higher charges for multiple evaluations or re-examinations. The specific amounts are subject to the standards announced by the local municipal labor capacity appraisal committees. Although these fees are relatively low compared to litigation fees and attorney's fees, they are expenses that can be legally claimed from insurance funds or liable parties. It is recommended to consult the fee standards before applying and ensure a smooth transition between advance payments and reimbursements.

Q4: How long does it usually take to get reimbursement or a refund for the labor capacity assessment fee?

The time varies depending on the process. For insured workers who apply for reimbursement from the work injury insurance agency with receipts, the process is generally completed within tens of working days from the date of acceptance, subject to the local processing time limits; for claims against the employer through arbitration or litigation, the process will follow the case cycle: six months for the first-instance ordinary procedure, three months for the simplified procedure, and three months for the second-instance appeal. It is recommended to submit the reimbursement materials as soon as possible after making the advance payment to avoid losing the receipts or exceeding the processing time limits; for disputes that have been resolved, the expenses can be enforced simultaneously.

Q5: If my employer refuses to advance the appraisal fee, what should I do specifically?

It is recommended to follow four steps: First, confirm that you have obtained a valid work-related injury identification decision and check whether the unit has participated in insurance in accordance with the law; Second, pay the appraisal fees yourself and request formal receipts, indicating the purpose and appraisal items; Third, for those who have participated in insurance, apply for reimbursement to the work-related injury insurance agency with the receipts; for those who have not participated in insurance, request the unit to bear the expenses in writing; Fourth, if the unit refuses, list the expenses as a claim item in labor arbitration or litigation. Throughout the process, keep the receipts and communication records, and consult a professional lawyer if necessary to avoid losing the bigger picture due to minor issues and affecting the overall protection of rights.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Hengluo 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 you encounter disputes, please consult a practicing lawyer in time.