What materials are the judicial disability evaluations based on?

Disability appraisal standards: The state shall uniformly set a standard, and then the local government shall implement it according to the standard, so as to safeguard the legitimate rights and interests of the disabled and promote social harmony and stability. There are also many types of disabilities, and all kinds of disabilities should be applied in a comparative manner.

Evaluation criteria. 1.Standards for the Identification of Minor Human Injuries (promulgated by the Ministry of Public Security on July 25, 1996 and implemented on January 1, 1997);

2.Standards for the Appraisal of Minor Human Injuries (for Trial Implementation) (promulgated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on June 20, 1990, and implemented as of July 1, 1990);

3.Standards for the Appraisal of Serious Personal Injuries (promulgated by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on March 29, 1990, and implemented on July 1, 1990);

4.Disability Assessment of Persons Injured in Road Traffic Accidents (issued by the Ministry of Public Security, implemented on December 1, 2002);

5.Medical Accident Grading Standards (Trial) (promulgated by the Ministry of Health on July 31, 2002 and implemented on September 1, 2002);

6."Standard for Lost Working Days in Accidents" (National Standard GB T 15499 1995).

7."Appraisal of the degree of disability caused by work-related injuries and occupational diseases of employees" (GB T 16180-2006, implemented by the State Bureau of Technical Supervision on May 1, 2006);

8.Criteria for the Appraisal of the Degree of Disability or Incapacity of Employees Due to Non-work-related Injuries (promulgated by the Ministry of Labor and Social Security on April 5, 2002 and implemented on the same day);

9.Standards for the Appraisal of the Degree of Human Injury (issued by the Ministry of Justice, implemented on January 1, 2014);

10."Standards for the Appraisal of the Degree of Human Injury and Disability (for Trial Implementation)" (formulated by the Supreme People's Court and implemented as of January 1, 2005);

11."Disability Rating Standards for Military Personnel (Trial)" (issued by the Ministry of Civil Affairs, the Ministry of Labor and Social Security, the Ministry of Health, and the General Logistics Department of the People's Liberation Army);

12.Practical Assessment Standards for Persons with Disabilities (Trial) (issued by the China Disabled Persons' Federation).

At present, there are only two standards, one is the "Labor Ability Appraisal Employee Work-related Injury and Occupational Disease Disability Level GB T 16180-2006". The other is the "Disability Assessment Standard for Persons Injured in Road Traffic Accidents" GB 18667 2002, which is applicable to the assessment of disability due to traffic accident injuries.

There are several, and there is one called traffic accidents, occupational diseases, minor injury standards, serious injury standards, and so on.

Legal analysis: According to the specific provisions of the relevant laws of our country, the following materials need to be prepared for the judicial appraisal of disability: 1. Rapid and round copy certificate (with household registration book without ID card); 2. Entrustment appraisal (issued by a law firm or traffic team); 3. Traffic accident certificate; 4. Medical records, diagnosis certificates, admission records, and discharge summaries; 5. X-ray, CT film and report.

Legal basis: General Principles of Judicial Appraisal Procedures

Article 14: Forensic evaluation establishments shall conduct a review of the entrusted evaluation matters, evaluation materials, and so forth. Where it is within the scope of that institution's forensic appraisal operations, the purpose of the appraisal is lawful, and the appraisal materials provided can meet the needs of the appraisal, it shall be accepted. Where the appraisal materials are incomplete or insufficient and cannot meet the needs of the appraisal, the forensic appraisal body may request that the client supplement them; Where the needs of the evaluation can be met after supplementation, it shall be accepted.

Article 28: Forensic evaluation institutions shall complete the evaluation within 30 working days of the effective date of the forensic power of attorney. Where the appraisal matters involve complex, difficult, or special technical issues, or the appraisal process requires a long period of time, the time limit for completing the appraisal may be extended with the approval of the responsible person for that institution, and the extended time limit must generally not exceed 30 working days. Where the time limit for evaluation is extended, the client shall be promptly informed.

Where there is a separate agreement between the forensic evaluation institution and the client on the time limit for evaluation, follow that agreement. The time required to supplement or re-extract the appraisal materials during the appraisal process is not counted as the time limit for initiating the appraisal.

There are two types of disability appraisal, one is judicial appraisal. One is the disability level appraisal made by the Labor Ability Appraisal Committee, and the other is for different departments.

Judicial appraisal is mainly used for public security or court trials. This piece can be done with the relevant medical records and paid for it.

The disability level appraisal made by the Labor Inspection Commission is mainly aimed at work-related injuries.

The Regulations on Work-related Injury Insurance and related supporting laws and regulations have made clear and specific provisions on work-related injury compensation, and the premise of going to the Labor Inspection Commission for disability level appraisal is to obtain a decision on the determination of work-related injury.

If it is not recognized as a work-related injury, the disability level assessment will generally not be accepted.

If there is a decision to determine the work-related injury, the following materials should generally be provided for the evaluation of the disability level:

Notice of work-related injury determination issued by the labor administrative department (original).

Disability Rating Appraisal Form (in triplicate) due to work-related injuries, ** column needs to be pasted with my recent barehead** and attached separately**;

The original of the injury and illness materials (the copy needs to be stamped with the official seal of the hospital for confirmation), including: admission emergency medical records, inpatient medical records, written examination reports, discharge certificates, discharge summaries, medical records, and disease diagnosis certificates (issued within two months before the declaration);

Three copies of the person's ID card;

The above-mentioned materials shall be submitted to the disability level signing department of the unit that issued the work-related injury decision within the prescribed time limit. Generally, the grade appraisal is made within 2 months.

1. What is disability identification?

Disability appraisal refers to the appraisal of the degree of disability. The scope of disability assessment includes traffic accident disability, industrial accident disability, accidental injury disability, and fight disability. Generally, the judicial department (such as the traffic police force, police station, and court) entrusts the disability appraisal agency to do the corresponding appraisal.

The assessment of traffic accident disability can only be assessed after the injured person**. 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.

2. How to do disability identification.

1. The assessee shall bring the application for disability assessment stamped with the official seal of the case-handling unit and signed by the case-handling person;

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 assessor should also be brought and the explanation of the relevant departments;

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 assessor needs to be inspected in person and pay the prescribed assessment fee.