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First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future.
Forensic Consulting**.
Identification Form.
General fracture level 10 compensation costs.
How to apply for the injury appraisal process.
Work-related Injury Fracture Compensation Table**.
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Legal analysis: There are many types of judicial appraisal, and the requirements for materials required for different types of judicial appraisal are also different. The materials required for identification are usually:
Power of attorney, ID card, sample precursor and sample materials required for identification, etc.; Power of attorney for appraisal; Medical records include all outpatient medical records, admission records, surgical records, discharge records, etc. after the injury; If it is a traffic accident, provide a traffic accident liability certificate; If there is no certificate of liability, it means that the accident has been cleared by lead and air; In other cases, the facts of the case ascertained by the case-handling department shall be explained.
Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 37 If it is necessary to conduct inspection and appraisal, the traffic management department of the public security organ shall, within three days from the date of the conclusion of the investigation at the scene of the accident, entrust a qualified appraisal agency to conduct inspection and appraisal. The autopsy shall be commissioned within 3 days of the date of death.
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 shall be conducted by a hospital designated by the provincial-level people**.
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Legal Analysis: The proofs required for personal injury and disability appraisal are: 1. The identity document of the person being appraised and the imitation Zen tablet; 2. Medical records and examination reports of the medical institution responsible for the diagnosis and treatment of the victim; 3. Other materials required by the judicial appraisal agency.
Legal basis: Regulations on Work-related Injury Insurance
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
Article 34 If an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.
The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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Procedures required for personal injury evaluation:
1. The parties apply for appraisal, and the unit entrusts the appraisal;
2. Pay the appraisal fee according to the prescribed charging standard;
3. Accept and file cases;
4. The appraiser makes an appraisal conclusion.
The required materials include an application for disability assessment and borrowing relevant surgical medical records and examination records from ** hospital.
[Legal basis].
Classification of the degree of disability caused by human injury".
Based on the consequences or outcomes of injury, the degree of tissue and organ loss and/or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the appraisal should be carried out realistically.
If the injured person meets the level of disability in two or more places, the disability level of each place shall be clearly stated in the appraisal opinion.
Disability classification.
This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate. The basis for the classification of disability is shown in Appendix A.
Basis for judgment. Based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and the influence of social interaction and psychological factors caused by respect and change due to disability, the level of disability is comprehensively determined.
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The following proof is required for the application for personal impairment and disability evaluation:
1. Medical records and examination reports of the medical institution responsible for the diagnosis and treatment of the victim;
2. Materials of the identity information of the person to be identified;
3. If it is a work-related injury, a work-related injury certificate is also required;
4. Other materials required by the forensic appraisal agency shall be sold.
Article 3 of the Standards for the Appraisal of the Degree of Disability of Human Injuries (Provisional) refers to the destruction of the structural integrity of the body or the difference or loss of functions (including physiological and psychological functions). This standard divides the degree of human injury into three categories: severe, minor and slight. Serious injury is a person who mutilates a limb or disfigurement; loss of hearing, vision, or other organ function; Other injuries that are significant to the health of the body.
Minor injuries are those that cause moderate damage to a person's limbs or appearance; Partial impairment of hearing, vision, or other organ function; Other injuries that are moderately harmful to human health. Minor injuries are those that cause minor damage to a person's limbs or appearance; Mild or transient impairment of hearing, vision, or other organ function; Other injuries that are slightly harmful to human health.
No, the nature of the disability level appraisal and the personal injury grade appraisal are different, and the appraisal standards are also different. The disability appraisal committee is composed of the labor department and the medical department to identify the disability caused by the work-related injury. The identification of personal injury level is composed of public security organs and forensic doctors, and is used to identify personal injuries caused by infringement, traffic accidents, etc. >>>More
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