After being discharged from the hospital after a car accident, the full responsibility of the car, h

1. The person being evaluated should bring an application for disability appraisal stamped with the official seal of the case-handling unit and signed by the case-handler;

2. Bring the diagnosis certificate of the hospital at or above the county level, the examination results, and the CT, X-ray and diagnostic report at the beginning and after the end of the injury;

3. Borrow relevant surgical medical records and examination records from ** hospital;

4. When assessing the working ability of the dependents, the ID card and household registration certificate of the assessed person and the explanation of the relevant departments should also be bred;

5. The assessment shall be based on the injury directly caused by the accident or the determination of the complications, and if the compensation basis is not yet concluded and the mediation needs to be provided, it shall be stated in the application;

6. The person being appraised needs to be inspected in person and pay the prescribed appraisal fee.

If the party involved in the traffic accident is disabled due to injury, he may apply to the public security organ for a disability assessment within 15 days after the end of the accident. The public security organs shall, on the basis of the hospital certificate and the Ministry of Public Security's standards for assessing disability in road traffic accidents, assess the level of disability within 30 days of receiving the application for disability assessment, or recommend an evaluation institution to the parties, to be chosen by the parties themselves. Where parties are not satisfied with the disability assessment, they may apply to the public security organ at the level above for a new assessment within 15 days of receiving the assessment document.

Within 30 days of receiving the application for reassessment, the public security organ at the level above shall make a decision on reassessment.

The process of disability appraisal after a traffic accident is as follows: 1. The person being evaluated shall bring an application for disability appraisal stamped with the official seal of the case-handling unit and signed by the case-handler; 2. Bring the diagnosis certificate of the hospital at or above the county level, the examination results, and the CT, X-ray and diagnostic report at the beginning and after the end of the injury; 3. Borrow relevant surgical medical records and examination records from ** hospital; Wait a minute.

The court sues, applies to the court to entrust a judicial appraisal, and then claims compensation after the appraisal conclusion is reached.

Go to the court, get a lawyer, and they will help you with the claim!

Three months after discharge, I went to an appraisal agency.

**Do after the end, usually about one month after discharge. If there is an internal fixation of steel plates and nails, it will be about one month after the internal fixation is removed. Principles for determining the timing of assessment for disability evaluation:

1. Based on the consequences of the primary injury, it should be carried out 1-3 months after the injury. For example: tissue, organ, limb defects, organ removal (repair), skull, jaw, rib defects, tooth loss, etc.

2. For those who affect appearance, residual hearing and vision impairment, tissue and organ deformities, and spinal fractures, they should be carried out 3-6 months after injury.

3. For posterior limb dysfunction, it should be carried out 6-9 months after injury.

4. For mental impairment and mental disorders after head injury, epilepsy, language dysfunction, incontinence, sexual dysfunction, and limb paralysis caused by nerve injury should be carried out 6-12 months after injury.

The state stipulates that the results will be issued within 30 working days, and the specific appraisal agencies are different, and they may come out in ten or twenty days, so you can go to the nearest appraisal agency to ask.

1. Can I still do an injury appraisal after the injury is healed?

Depending on the specific injury, if the primary injury is the main basis for evaluation, the evaluation can be carried out after the injury; Where complications caused by the injury are the primary basis for evaluation, the evaluation is to be conducted after the injury is stabilized. Where the primary basis for the evaluation is facial impairment or tissue organ dysfunction, the evaluation is to be conducted 90 days after the injury; In special circumstances, an appraisal opinion can be issued based on the primary injury and its complications, but the possible sequelae must be explained, and if necessary, a re-examination and supplementary appraisal should be conducted. Difficult and complex injuries should be identified after the clinical conclusion or the injury is stabilized.

2. How are the levels of disability determined?

How the level of disability is determined: a disability assessment is required. For example:

Craniocerebral and spinal cord injuries 1 serious injury level 1a plant survival state. b) Quadriplegia (muscle strength of more than three limbs below grade 3). c) Hemiplegia and paraplegia (muscle strength below grade 2), accompanied by fecal and urinary incontinence.

d) Movement impairment (severe) that is not a limb paralysis. e) Severe mental retardation or organic mental disorder, completely unable to take care of oneself. 2. Serious injury, second-degree a) Scalp defect area is more than cumulative.

b) Open skull fracture with dural rupture. c) Depressed or comminuted fractures of the skull, with symptoms and signs of cerebral compression, requiring surgery**. d) Basilar skull fracture with cerebrospinal fluid leak lasting more than 4 weeks.

e) Basilar skull fracture with nerve dysfunction caused by facial or auditory nerve injury. f) Traumatic subarachnoid hemorrhage with neurological symptoms and signs. g) Cerebral contusion (laceration) with neurological symptoms and signs.

Paragraph 1 of 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 provides that 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 per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal analysis: The identification of traffic accident injuries and disability is generally carried out after the end of the **. **Termination, refers to the period when the pathological changes after injury generally recognized by clinical medicine are completely or partially recovered after clinical treatment and the rest of the body is stable.

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

Generally, appraisal institutions do not accept individual entrustment, so the parties can apply for the appraisal to be entrusted by the traffic management department of the public security organ or a law firm, or they can sue the court and then jointly apply for the appraisal entrusted by the court. In judicial practice, it is often encountered that one party does not recognize the appraisal results after unilaterally entrusting the appraisal, so it is more appropriate to apply to the court for the appraisal after the lawsuit is brought to the court.

Legal basis

Provisions on Procedures for Handling Road Traffic Accidents》 Article 54 The appraisal institution shall complete the inspection and appraisal within the prescribed time limit, and issue a written inspection report and appraisal opinion, which shall be signed by the appraiser, and the appraisal opinion shall also be stamped with the seal of the institution. The inspection report and appraisal opinion shall indicate the following matters:

1) the client;

2) The date and matter of the entrustment;

3) Relevant materials submitted;

4) The time of inspection and appraisal;

5) Where a conclusive opinion is based on and conclusive, and a conclusive opinion is reached through analysis, there shall be a process of analysis and proof.

The inspection report or appraisal opinion shall be accompanied by the qualification certificate or other supporting documents of the appraisal body or evaluator.

1. What materials need to be prepared to receive disability allowance:

1. Prepare a work-related injury certificate;

2. Declaration form for work-related injury benefits;

3. Labor ability appraisal;

4. Medical expense invoices, diagnosis certificates, and medical records;

5. The unit shall fill in the "Application Form for Work-related Injury" and affix the official seal of the unit.

2. Process for receiving disability allowance:

1. The employer submits an application for work-related injury recognition to the social insurance administrative department of the local co-ordination area;

2. The injured employee submits an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts after the injury is relatively stable;

3. Bring the work-related injury determination decision, labor ability appraisal and other materials to the work-related injury insurance agency to apply for work-related injury insurance benefits.

Legal basis

Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.