Identification and compensation of traffic disability level

Partial splenectomy is generally grade 9, total resection is grade 8, clavicle fracture is generally grade 10 if internal fixation surgery is done, four rib fractures are grade 10, three are not counted, unless the number of broken nodes is more.

The amount of compensation varies greatly depending on the situation of each place and myself, I don't know if you are **, the accident happened in **, I can't estimate the amount for you, I can only tell you the general principle.

According to the actual situation of the person injured in the traffic accident, he or she may claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.

The specific amount is calculated based on the actual bills and evidence, income, lost work time, disability level, household registration, local statistics, living standards, etc.

Go to a medical institution for an appraisal and claim based on the appraisal results.

Regarding the level of disability, it is necessary to do a disability assessment, and the assessment results can be used as the basis for compensation, and the estimation is meaningless, and even the professionals who conduct the assessment cannot accurately judge without assessment. If you want to know, please refer to the "Disability Assessment of Persons Injured in Road Traffic Accidents";

Please refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, which is more specific and not difficult to understand.

The above regulations can be queried on the legal encyclopedia network, and the query path of "Disability Assessment of Persons Injured in Road Traffic Accidents" can be clicked: Legal Encyclopedia - Laws and Regulations - National Standards.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" query path clicks: Legal Encyclopedia - Laws and Regulations - Civil Judicial Interpretations.

The criteria for the identification of traffic disability levels are as follows:

1. The identification of traffic accident disability is the process of evaluating and determining the degree of disability of persons injured in road traffic accidents on the basis of objective inspection. Disability levels range from level 1 to 10. Each has different criteria; The procedures for handling the personal disability assessment of traffic accidents are as follows:

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 and the explanation of the relevant ** department should also be brought;

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

6) The assessor is required to undergo the inspection in person and pay the prescribed assessment fee.

2. Serious injury: causing a person to be physically disabled, disfigured, loss of hearing, loss of vision, loss of other organ functions, or other injuries that cause serious harm to personal health, including serious injuries of the first degree and serious injuries of the second degree. Minor injuries:

Impairment of human limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to personal health, including minor injuries of the first degree and minor injuries of the second degree. Minor injury: primary injury caused by various injury factors, resulting in minor damage to the structure of tissues and organs or slight dysfunction.

Legal basisArticle 21 of the Regulations on Work-related Injury Insurance.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 22.

Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Liability for damages. In addition, an injury appraisal should be applied for in a medical institution, and the ** certificate issued by the hospital is the basis for the other party to compensate. Compensation for damagesAccording to the provisions on the handling of road traffic accidents, the person responsible for the traffic accident shall bear the scope of the trouble in accordance with the responsibility for the traffic accident, including:

Medical expenses, lost work expenses, hospital meal allowances, nursing expenses, transportation expenses, accommodation expenses, and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; Each compensation item shall be determined according to the actual situation, and the cost shall be settled in a lump sum. The criteria for the various compensation costs are:

1. Medical expenses: paid according to the hospital's necessary expenses for the party's traffic accident trauma, and if it is really necessary to continue after the case is concluded, it will be paid according to the necessary expenses. 2. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to the loss of work; 3 Hospitalization food subsidy for Wang Noisy Waiter:

It is calculated according to the standard of food allowance for the staff of the state organ in the place where the traffic accident occurred. 4. Nursing expenses: If the injured person has income during hospitalization, it shall be calculated according to the provisions of the compensation for lost work, and if there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.

5. Disability compensation: According to the level of disability and calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of disability, but if the person is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years.

6. The living expenses of the dependents shall be limited to the persons who were actually supported by the deceased before his death or before the disabled person lost the ability to work, and shall be calculated according to the standard of subsidy for the living difficulties of residents in the place where the traffic accident occurred, and shall be raised to the age of 18 for those under the age of 18 and for those who are unable to work for 20 years, but the age of 60 or more shall be reduced by one year for each additional year, and for those over 75 years old, it shall be calculated as five years. 7. Transportation expenses: Calculated vouchers according to the actual necessary expenses of the parties.

8. Accommodation fee: Voucher shall be paid according to the standard of accommodation expenses for general staff of state organs in the place where the traffic accident occurred. The transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be calculated in accordance with the above provisions, but shall not exceed three people.

For traffic accidents, traffic accidents need to be appraised, and the disability appraisal of traffic accidents should be carried out in accordance with the disability appraisal standards of traffic accidents. 1. The standard for the appraisal of traffic accident disability and the standard for compensation for the quasi-disability level of the compensation standard: according to the first-level disability to the tenth level of disability, it is divided into ten levels, and the compensation coefficient is from 100 to 10, and the compensation coefficient is decreasing in ten levels.

2. There are many types of materials required for judicial appraisal, and the requirements for materials required for different types of judicial appraisal are also different. The materials required for identification usually include: power of attorney, ID card, samples and samples required for identification, etc.

The following is a list of materials to be provided for entrusting forensic clinical forensic appraisal: (1) Appraisal power of attorney; (2) the facts of the case; (3) Identification documents of the person to be evaluated; (4) Medical records and auxiliary examination materials; (5) If the appraisal is re-appraised, it shall be noted in the power of attorney and the original appraisal opinion shall be provided; Where the public security organ's appraisal body has already made an appraisal of the degree of injury, it shall provide the original or a copy of the opinion on the appraisal of the extent of the injury. (6) Where it is necessary for the institution's forensic appraisal personnel to recuse themselves, it is to be noted.

7) The name and quantity of the entrusted appraisal materials should be indicated. 3. The forensic and physical evidence, and audio-visual materials of forensic medical appraisal projects, are still based on the fee standards formulated by the National Development and Reform Commission and the Ministry of Justice No. 2009 No. 2264, and the judicial appraisal institutions and clients shall negotiate and determine the fee standards within the benchmark price stipulated by the state according to the difficulty and complexity of the appraisal work. Where aid recipients who meet the requirements for legal aid apply for judicial evaluation on the basis of valid proof provided by the legal aid institution, the judicial evaluation institution is to reduce or waive the aid recipient's fees for the judicial evaluation in accordance with relevant provisions.

For those who do not meet the requirements for legal aid but have real difficulties, the forensic evaluation bodies may reduce or waive the relevant forensic evaluation fees as appropriate. Forensic evaluation establishments must not collect any fees from the aid recipients in legal aid cases assigned to undertake legal aid cases. Citizens who truly have financial difficulties and do not meet the scope of legal aid shall be reduced or exempted from the fees for judicial evaluation.

Regulations on Procedures for Handling Road Traffic Accidents

Article 92.

If it is necessary to carry out disability assessment and property loss assessment due to the determination of the amount of damages, the parties shall cooperate with the parties to determine the qualified institutions in advance, but if the amount of property losses is huge and is suspected of a criminal offense, it shall be entrusted by the traffic management department of the public security organ. The costs of disability assessment and property damage assessment entrusted by the parties shall be borne by the parties.

Regulations on Procedures for Handling Road Traffic Accidents

Article 50. The cost of inspection and appraisal shall be borne by the traffic management department of the public security organ, except as otherwise provided by laws and regulations, or where the parties themselves entrust disability assessment or property loss assessment.