Can left temporal lobe cerebral contusion be assessed for disability?

If the left temporal lobe cerebral contusion is determined to be a work-related injury, after the condition is stabilized, the worker can bring the relevant materials to the local labor ability appraisal committee for disability evaluation.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Left temporal lobe cerebral contusion laceration can be entrusted to a qualified appraisal agency to do a disability appraisal, and then claim compensation according to the appraisal conclusion.

The second paragraph of Article 49 of the "Provisions on Procedures for Handling Traffic Accidents" stipulates that if a party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal agency after the end of the first day. Therefore, the disability assessment should be completed by **, usually three months after discharge, but if the injury has been stabilized, the disability level can be assessed in advance according to the recommendation of the medical institution to a qualified disability appraisal agency.

If there is a fixation (such as a steel nail installed in a fracture**), the fixation must be removed before the disability can be evaluated.

If the appraisal is carried out before the end of the case, and the end has not yet been made at this time, it is impossible to judge whether the victim will leave a certain impact on the injury after the end of the accident and whether it can be intact, and the evaluation made based on the victim's injury at this time is not objective and cannot reflect and reflect the situation after the end of the case.

The disability appraisal agency may be entrusted by the lawyer's brother rental firm, or Fengpei may be appointed or entrusted by the traffic management department of the public security organ, or it may be entrusted by the parties themselves, but before entrusting, it is necessary to understand whether the appraisal agency has the corresponding appraisal qualifications, otherwise its appraisal conclusions may not be obtained from the court.

I. Standards for filing a case for the crime of causing traffic accidents.

1. In an accident, the owner bears all or the main responsibility for the accident, and causes one person to die or three or more serious injuries;

2. Both parties are responsible and equally responsible in the accident, resulting in the death of more than three people;

3. If property damage is caused, the owner bears all the responsibility for the accident or is mainly responsible, and the compensation amount is more than 300,000 yuan, and he is unable to compensate.

4. In the accident, the owner of the car bears all the responsibility or the main responsibility for the accident, and the accident causes serious injury to more than one person for any reason, and in any of the following circumstances, it shall be convicted and punished according to the crime of traffic accident:

1) Driving a motor vehicle after drinking alcohol or taking drugs;

2) Driving a motor vehicle without a driver's license;

3) Knowing that there is a problem with the car, but failing to repair and drive it in time;

4) Knowing that it is an unlicensed or scrapped car and still driving;

5) The car being driven is seriously overloaded;

6) Fleeing after a traffic accident.

Cerebral contusion and cerebral contusion are injuries with significantly different degrees of injury, cerebral contusion and laceration are a general term for cerebral contusion and cerebral laceration, and those with simple brain parenchymal injury and leptomeningeal intact are called cerebral contusion, such as brain parenchymal damage accompanied by leptomeningeal tear becomes cerebral laceration. Because cerebral contusion and cerebral laceration often coexist, it is called cerebral contusion.

In the evaluation of work-related injury labor ability, a simple cerebral contusion does not constitute a disability level, while a cerebral contusion can be assessed as at least a grade 9 disability.

National Standards of the People's Republic of China.

Labor ability appraisal of employees' disability levels caused by work-related injuries and occupational diseases

gb/t16180-2014

Nine-level grading principle.

Partial organ defect, abnormal morphology, mild functional impairment, no medical dependence or general medical dependence, no impairment in self-care.

Nine-level clause series.

Anyone who meets one of the following conditions is a work-related injury grade 9.

3) no functional impairment in cerebral contusion;

Cerebral contusion and laceration of the lower posterior part of the left temporal lobe after being beaten by others, which meets the "Criteria for Appraisal of the Degree of Human Injury" of the Three Ministries and the Two Hospitals, "Minor Injury Grade 1" and "E) Cerebral Contusion (Laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion", which is a minor injury of the first degree.

Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, Ministry of Justice.

Criteria for the Identification of the Degree of Human Injury

4 Grading of the degree of injury.

Craniocerebral and spinal cord injuries.

Minor injuries of the first degree. e) cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion.

If you ask the forensic doctor specifically, there will be a special forensic appraisal.

If there is no disability or death, compensation will be paid for the victim's expenses incurred due to medical treatment and the loss of income due to lost work; In the event of disability, compensation for the necessary expenses incurred by the victim for the increase in living needs and for the loss of income due to the loss of ability to work; In the event of death, funeral expenses, living expenses of dependents, and death compensation will also be compensated.

1. After all the needs are completed, apply for disability appraisal, and the appraisal results shall prevail, and claim compensation with reference to the following legal provisions.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Hello, when the complications and sequelae are not determined, the disability assessment cannot be carried out prematurely, otherwise it may lead to a lower level of disability assessment.

1. In accordance with the "National Standards of the People's Republic of China for the Assessment of Disability of Persons Injured in Road Traffic Accidents" and the corresponding judicial practice experience, the answers are as follows:

First, the identification of traffic accident injuries and disabilities is generally carried out after the end of the first day. Termination refers to the period during which the pathological changes after injury recognized by clinical medicine are completely or partially recovered and stabilized after clinical treatment. Judging from the empirical judgment of the appraisal agency, the head injury generally takes six months later, and the injury to other parts can generally be carried out after three months.

Second, it is recommended that you choose an appraisal agency with appraisal qualifications that has been filed with the local people's court for appraisal. In this way, the results of the appraisal can be recognized by the judicial authorities.

Third, the general appraisal agency does not accept individual entrustment, so you can apply for the appraisal to be entrusted by the traffic management department of the public security organ or the Jinshi Office, or you can sue the court and the two parties jointly apply for the appraisal entrusted by the court.

2. The following materials should be prepared before the disability assessment:

1. ID card, diagnosis certificate from the hospital, and inpatient medical record (copy).

2. Fracture patients should prepare X-rays and CT films at the beginning and during the injury.

3. Power of attorney from the traffic team, court or law firm.