Traffic accident disability appraisal standards

Traffic accident disability assessment is generally carried out only after the injured person is **. The identification of traffic accident disability is the process of evaluating and determining the degree of disability of a person injured in a road traffic accident on the basis of an objective test. Disability levels range from level 1 to 10. Each has different criteria.

For example, first-degree damage to the brain, spinal cord, and peripheral nerves.

1) persistent plant survival state;

2) Mental disorder or severe mental retardation, completely unable to take care of oneself in daily life;

3) Quadriplegia (muscle strength below grade 3) or triplegia (muscle strength below grade 2);

4) Paraplegia (muscle strength below grade 2) with severe defecation dysfunction and severe voiding dysfunction.

Neck and chest injuries.

1) Cardiac insufficiency, cardiac function level;

2) Severe organic arrhythmia, cardiac function level;

3) After heart transplantation, cardiac function level;

4) After combined heart-lung transplantation;

5) Dyspnea after lung transplantation (very severe).

Abdominal injury. 1) Advanced liver failure after orthotopic liver transplantation;

2) After double nephrectomy or solitary nephrectomy, dialysis is required to sustain life; Kidney failure after kidney transplantation.

Injuries to the spine, pelvis and limbs.

1) Absence of three limbs (above the elbow joint of the upper limb, above the knee joint of the lower limb);

2) Loss of two limbs (above the elbow joint of the upper limb, above the knee joint of the lower limb), and the loss of function of all major joints of the third limb reached 75%;

3) Loss of two limbs (above the elbow joint of the upper limb and above the knee joint of the lower limb), and the ankylosis fixation or loss of function of any two major joints of the third limb is up to 90%.

Legal basis: Full text of "Classification of the Degree of Disability Caused by Human Injury".

Clause. First, the number of human injuries after the first effect.

Clause. 2. The relationship between disability and accidents and injuries.

Clause. 3. Primary injuries directly caused by traffic accidents to the human body and complications or sequelae caused by injuries. It is mainly divided into ten grades, the heaviest one and the lightest ten.

Legal basis: Article 25 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

However, if he is over 60 years old, Gao Jiming's age will be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

1. What are the criteria for the identification of disability in traffic accidents?

1. The new disability assessment standards for traffic accidents are:

1) First-degree disability: loss of one eyeball, severe deformity of the other eye with blindness grade 5; Severe malunion and severe respiratory dysfunction caused by thoracic injury of the spine;

2) Level 2 disability: one eye is missing, and the other eye is blind at level 4; Thoracic injury of the spine leads to severe malunion, respiratory dysfunction, etc.

2. Legal basis: Article 49 of the Provisions on Procedures for Handling Road Traffic Accidents.

If it is necessary to carry out inspection and appraisal, the traffic management department of the public security organ shall, in accordance with the relevant regulations, 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 commissioned within 3 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.

2. What is the disability identification process?

The specific process of disability identification is as follows:

1. Entrusted, forensic institutions and social professional forensic appraisers accept the entrustment of judicial organs to engage in judicial appraisal of entrusted matters;

2. After receiving the power of attorney, the judicial appraisal institution shall review the entrustment of the client and make a decision on whether to accept it;

3. Initial identification, etc.