What are the criteria for forensic identification of hearing loss caused by traffic accidents

Hello! What are your proposed criteria for forensic identification of hearing loss caused by traffic accidents? I will answer this specific question for you, I hope it will be helpful to you!

First of all, the basis of the injury needs to be confirmed, that is, there must be an injury that causes hearing loss, such as intracerebral hemorrhage, or damage to the auditory nerve, damage to the auditory pathway, which is a basis; Under the premise of the above-mentioned basis, it is necessary to conduct a scientific examination of hearing after 3-6 months after the injury, after the hearing loss is basically stable, determine the decibel number of hearing loss, determine the degree of hearing impairment, and then evaluate the disability according to the traffic accident disability assessment standard.

It is recommended to apply for work-related injury identification and labor ability appraisal first, and then request the unit to compensate according to the appraisal results. Scope of work-related injury compensation: medical expenses (reimbursed according to the facts), living care expenses, hospital meal subsidies, wages during the period of suspension of work, follow-up expenses, and one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidies shall also be paid if the disability is caused.

There are many compensation items, so it is recommended to have an interview with a lawyer.

Hearing disability level 1: Extremely severe impairment of the structural and functional aspects of the auditory system, average hearing loss of 91 dB hl in the better ear, inability to rely on hearing for verbal communication without the help of hearing aids, extreme limitations in comprehension and communication activities, and severe impairment in participating in social life.

Legal basis]:

According to the second point of the fourth part of the "Classification of the Disability Degree of Human Injury", the identification should be carried out after the primary injury and the complications known to be related to it have been terminated or the clinical effect has stabilized.

Article 13 of the General Principles of Judicial Appraisal Procedures stipulates that a judicial appraisal institution shall make a decision on whether to accept it within seven working days from the date of receipt of the entrustment. For the entrustment of complex, difficult, or special appraisal matters, the forensic appraisal institution may negotiate with the client to decide on the time for acceptance.

1. The standard for forensic identification of hearing loss caused by traffic accidents is the "Traffic Accident Disability Appraisal Standard".

2. The standard is drafted on the basis of fully summarizing and absorbing the experience of the implementation of the People's Republic of China public safety industry standard "Disability Appraisal of Persons Injured in Road Traffic Accidents" (GA35 1992) issued by the Ministry of Public Security in 1992 and the latest research results at home and abroad. This standard further improves the 10-level classification of disability levels. While comprehensively standardizing the degree of human disability, a comprehensive mathematical method for multi-level disability and loss of limb function was established, the concept of shoulder joint complex was introduced, and the calculation method of loss of function was established, which provided a basis for solving the problem of calculation of multiple disabilities and loss of limb function and the identification of shoulder girdle disability.

First of all, the basis of the injury needs to be confirmed, that is, there must be an injury that causes hearing loss, such as intracerebral hemorrhage, or damage to the auditory nerve, damage to the auditory pathway, which is a basis; Under the premise of the above-mentioned basis, it is necessary to conduct a scientific examination of hearing after 3-6 months after the injury, after the hearing loss is basically stable, determine the decibel number of hearing loss, determine the degree of hearing impairment, and then evaluate the disability according to the traffic accident disability assessment standard.

Legal analysis: First of all, it is necessary to confirm the basis of the injury when identifying, that is, there must be an injury that causes hearing loss, such as intracerebral hemorrhage, or damage to the auditory nerve or damage to the components of the auditory pathway, which is a basis; Under the premise of the above-mentioned foundation, it is necessary to conduct a scientific examination of hearing after 3-6 months after the injury, after the hearing loss is basically stable, determine the decibel number of hearing loss, determine the degree of hearing impairment, and then evaluate the disability according to the traffic accident disability assessment standard.

Legal basis: General Principles of Judicial Appraisal Procedures

Article 14: Forensic evaluation establishments shall conduct a review of the entrusted evaluation matters, evaluation materials, and so forth. Where it is within the scope of that institution's forensic appraisal operations, the purpose of the appraisal is lawful, and the appraisal materials provided can meet the needs of the appraisal, it shall be accepted. Where the evaluation materials are incomplete or insufficient, and cannot meet the needs of the evaluation, the forensic evaluation body may request that the client supplement and supplement the evaluation and be able to meet the needs of the evaluation, and shall accept it.

Article 28: Judicial appraisal institutions shall complete the appraisal within 30 working days from the effective date of the power of attorney for judicial appraisal. Where the appraisal matters involve complex, difficult, or special technical issues, or the appraisal process requires a long period of time, the time limit for completing the appraisal may be extended with the approval of the responsible person for that institution, and the extended time limit must generally not exceed 30 working days. Where the time limit for evaluation is extended, the client shall be promptly informed.

Where there is a separate agreement between the forensic evaluation institution and the client on the time limit for evaluation, follow that agreement. The time required to supplement or re-extract appraisal materials during the appraisal process is not included in the appraisal time limit.

According to the regulations, the timing of the appraisal should be based on the injury directly caused by the accident or the complications caused by the injury. If a party is injured in a traffic accident and believes that his or her injury has caused disability, he or she may apply to the public security organ for a disability appraisal within 15 days after the end of the first day. The traffic management department of the public security organ can entrust a qualified appraisal agency to conduct the appraisal; You can also ask the traffic management department of the public security organ to provide a list of qualified appraisal agencies and entrust the appraisal on your own.

Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 49 If it is necessary to conduct inspection and appraisal, the traffic management department of the public security organ shall, in accordance with the relevant provisions, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the completion of the investigation at the scene of the accident. The autopsy shall be conducted within three days of the date of death.

The inspection and appraisal of the traffic hit-and-run vehicle shall be entrusted within three days from the date of seizure of the suspected vehicle. If the on-site investigation needs to be inspected and identified after three days from the date of completion, it shall be reported to the traffic management department of the public security organ at the next higher level for approval. The evaluation of mental illness is to be conducted by an evaluation institution with psychiatric evaluation qualifications.