Hello! Who pays for the disability appraisal fee?

1. The employer shall pay the expenses for the appraisal of the degree of work-related injury or loss of working ability. 2. Where the appraisal fee for the degree of loss of working capacity due to illness or non-work-related injury is applied for by the unit to which the person being appraised belongs, the appraisal fee shall be paid by the unit to which the person being appraised belongs; Where the appraisal is made by the person being evaluated, the appraisal fee is to be paid in advance by the appraiser at the time of application, and if the appraisal concludes that he or she is partially incapacitated or above, the appraisal fee shall be borne by the unit to which the appraisee belongs. If there is no unit, the appraisal fee shall be borne by the individual.

3. The appraisal fee for re-appraisal shall be paid in advance by the applicant. The re-appraisal conclusion is consistent with the original appraisal conclusion, and the appraisal fee shall be borne by the applicant. If the re-appraisal conclusion is inconsistent with the appraisal conclusion, the appraisal fee shall be borne by the original appraisal institution.

4. The applicant shall bear the expenses required to apply for appraisal again due to changes in injury and condition.

The cost of the disability assessment should be paid by the party applying for the appraisal.

In the case of work-related injury appraisal, then the work-related injury insurance** will reimburse the cost of the first appraisal, and the second appraisal should be paid by the applicant.

In accordance with the Social Insurance Law

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

The disability appraisal fee made in the litigation shall be paid by the applicant first, and then the claim shall be filed against the responsible person, and finally the court shall mediate or make a judgment.

1. First of all, it is necessary to clarify the disability liability, if the other party is fully responsible, the appraisal fee will be paid by the other party in the end, but the victim should pay in advance, and claim compensation from the other party at the time of mediation or litigation;

2. If both parties have their own responsibilities, the applicant shall pay in advance, and when claiming compensation, it shall be apportioned according to the proportion of the division of responsibilities together with other expenses that need to be compensated.

3.If there is an objection to the disability appraisal, the party with the objection shall pay it, and the applicant shall pay it first, and this amount shall be included in the claim payment when the subsequent claim is settled.

Where the application is made by the unit to which the person being evaluated, the evaluation fee is to be paid by the unit to which the person being evaluated; Where the appraisal is made by the person being evaluated, the appraisal fee is to be paid in advance by the appraiser at the time of application, and if the appraisal concludes that he or she is partially incapacitated or above, the appraisal fee shall be borne by the unit to which the appraisee belongs. If there is no unit, the appraisal fee shall be borne by the individual.

The cost standard for general disability appraisal is: 300-600 for the appraisal of the degree of injury; Traffic accident disability assessor 300-600; 400-800 appraisers for labor ability and disability assessment; 800-1000 capacity appraisers; Living age identifier 400-800; Appraisal of the relationship between injury and disease: 600-1000; Male sexual function appraiser 500-800; Medical Dispute Judicial Appraisal 2000-3000; Biopsy photographers 50-80.

First, determine whether it is a personal injury compensation or a work-related injury disability assessment. There is no charge for work-related injuries to apply to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau. Personal injury compensation is applied to the judicial appraisal center, generally 2,000 yuan, which is subject to the charging standard, which varies from place to place.

1) Apply for injury appraisal, if it constitutes a minor injury to the other party, the other party needs to bear criminal responsibility.

2) Apply for disability appraisal and calculate disability compensation and other related expenses according to the disability level; Level 1 disability is the per capita disposable income of urban residents or the per capita net income of rural residents multiplied by 20 years and then multiplied by 100, the level 2 disability multiplied by 90, and so on, multiplied by 20 for grade 9 disability and 10 times for grade 10 disability.

3) Require the other party to compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, living expenses of dependents, moral compensation, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation, and the compensation obligor shall also compensate. Legal basis

Full Text of the Judicial Interpretation on Compensation for Personal Injury

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal subsidies, and necessary nutrition expenses. Where the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of labor ability, including disability compensation, disability assistive devices, 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.

The cost of disability appraisal shall be borne by the party responsible for the accident or the defendant. The principle of who asserts and bears the burden determines that the appraisal fee to be paid by the party presenting evidence only refers to the fact that the party presenting the evidence pays in advance in the course of the litigation, and if it is finally determined which party is responsible. After the case is concluded, the people's court shall determine in the judgment which party will pay last.

It is a general principle that the losing party bears the costs of litigation. The litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them. Where some cases are won and some are lost, the people's courts shall decide on the amount of litigation costs to be borne by the parties on the basis of the specific circumstances of the case.

The principle of who asserts and bears the burden determines that the appraisal fee to be paid by the party presenting evidence only refers to the fact that the party presenting the evidence pays in advance in the course of the litigation, and if it is finally determined which party is responsible. After the conclusion of the case, the people's court shall determine which party will pay the final payment in the judgment of the adjudication. It is a general principle that the losing party bears the costs of litigation.

It is a sanction for the losing party to consume judicial resources, and based on the principle that judicial resources are consistent with litigation costs, the litigation costs are borne by the losing party, which reflects the fairness and justice of the law. It can prevent abusive litigation by civil subjects, reduce and prevent the tasteless waste of judicial resources, and safeguard national sovereignty and its economic interests.

1. Who will take the divorce litigation fee when you go to the court to sue for divorce.

The law clearly stipulates who should bear the costs of divorce proceedings.

The cost of suing for divorce is handed over to the court, and the cost of suing for divorce is generally paid in advance by the plaintiff and borne by the losing party. Where both parties are responsible, they are to be shared by both parties. However, when a divorce case is concluded, the burden of litigation costs shall be determined by the people's court according to the specific circumstances of the case.

Where the plaintiff has real difficulties in paying the litigation fees in advance, they may apply to the people's court for a delay, reduction, or waiver of payment within the advance payment period. Where the plaintiff fails to pay the litigation fees in advance during the advance payment period, and still does not pay the litigation fees in advance after being notified by the people's court again, or applies for a delay, reduction, or waiver of litigation fees, but still does not pay in advance without the approval of the people's court, it is to be handled as an automatic withdrawal of the lawsuit.

In divorce cases that are handled as withdrawn cases, where there are no new circumstances or new reasons, and the lawsuit is filed again within six months, the people's court will not accept it.

Article 12 of the Measures for Payment of Litigation Costs: Expenses that should be borne by the parties in accordance with law arising from appraisals, announcements, inquests, translations, appraisals, auctions, sales, warehousing, safekeeping, transportation, ship supervision, etc., in the course of litigation, shall be paid directly by the parties to the relevant institutions or units on the basis of the principle of who claims and who bears, and the people's courts shall not collect and pay on their behalf. Where people's courts provide translations in the common language or script of the local ethnic group in accordance with paragraph 3 of article 11 of the Civil Procedure Law, they do not charge fees. Article 29: Litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them.

Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case. Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

First of all, it is necessary to clarify the responsibility for the accident, if the other party is fully responsible, then the disability fee is paid by the other party, and then it is claimed to the other party in mediation or litigation; If the other party is not fully responsible, when claiming compensation, it will be apportioned in proportion to the division of liability together with other expenses that need to be compensated.

Legal basis

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, 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.

In the real society, many times employees have work-related injuries in the process of work, which will involve the issue of compensation, but first of all, it is necessary to conduct a disability appraisal, so who pays for the disability appraisal? Let me explain the relevant content for you to learn for your reference, I hope it will be helpful to you.

1. Who pays for the disability appraisal?

If the employer does not participate in work-related injury insurance, the employer shall be liable for compensation for work-related accidents, which shall of course include the cost of disability appraisal of the injured employee, and the cost of the initial disability appraisal shall be borne by the employer, including appraisal fees, inspection fees, diagnosis fees, travel expenses of the appraiser, etc.

If the employer has purchased work-related injury insurance for the employee and paid the insurance premiums in full, the expenses shall be paid by the work-related injury insurance**. If the application for the initial appraisal is made by the injured employee or his or her immediate family members, the appraisal fee shall be paid in advance by the employee or his or her immediate family members at the time of application, and shall be obtained from the insurance institution or the employer when collecting the work-related injury benefits in the future.

If the employer, the injured employee or his or her immediate family members have objections to the primary appraisal and file an application for re-appraisal with the provincial labor ability appraisal committee, they are also required to pay the appraisal fee in accordance with the above-mentioned fee standards. If the conclusion of the re-appraisal is consistent with the conclusion of the primary appraisal, the appraisal fee shall be borne by the applicant, and if the application for re-appraisal is submitted by the injured employee or his or her immediate family members, the appraisal fee shall be borne by the injured employee or his immediate family members, and shall not be passed on to the employer; If the conclusion of the reappraisal is inconsistent with the conclusion of the primary appraisal, the cost of the appraisal shall be borne by the labor capacity appraisal committee of the districted city level that made the conclusion of the primary appraisal.

2. Legal Provisions

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) If the living expenses cannot be adjusted by themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

We can understand that according to the regulations, the disability appraisal fee is paid by the work-related injury insurance**, but if you do not participate in the work-related injury insurance, it is paid by the employer, and there are relevant provisions in the law.