Disability assessment pays attention to what is beneficial to oneself

1. Determination of the timing of appraisal (1) Timing of appraisal: The timing of appraisal shall be based on the time when the injury directly caused by the accident is terminated, or the time when the complications caused by the injury are finally terminated. (2) **Termination:

The period during which the pathological changes after injury are completely or partially recovered and stabilized after clinical practice, as generally recognized by clinical medicine. When there is a disagreement on the finality, the appraisal department can conduct an appraisal to determine whether it is final. Due to the degree of disability suffered by the victim, it is not.

1. Different physical fitness, resulting in long and short hospitalizations. Where the victim undergoes a disability evaluation, it is generally limited to three months, and it takes longer if the victim's condition is serious. Where the victim needs to be disabled, it shall be submitted after three months, and the law firm is to retain a forensic evaluation body with disability appraisal qualifications to conduct it.

It is very important for the parties to do disability appraisal to bring their ID cards or household registration booklets, diagnosis certificates, copies of medical records stamped with the hospital seal and the original and recent ** (such as X-rays and CT films) of the parties to bring all the appraisal materials, which is the guarantee for disability appraisals. The result of the disability assessment, that is, the level of disability, directly affects the amount of compensation.

Legal analysis: The first is the choice of appraisal agency, because forensic science appraisal has been marketized, so it should be selected to do it with a qualified appraisal agency filed with the people's court, so as to avoid the leakage of reputation after going to the court due to the problem of appraisal qualifications, resulting in the appraisal results not being recognized by the court. Secondly, after the selection of the appraisal agency is the problem of entrusting the appraisal, because the appraisal agency generally does not accept the personal entrustment, so if it can be entrusted by the traffic management department of the public security organ in the accident handling stage; If it is in the litigation stage of the people's court, the people's court may entrust the appraisal; If a lawyer is entrusted to compensate for compensation, it can also be entrusted by the lawyer's law firm; The mediation between the two parties can also be entrusted by the insurance company that underwrites the vehicle.

Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Death due to sudden illness or hail search during working hours and at work, or death within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal Analysis: Pay attention to the following issues when doing disability appraisal:1

During the entire appraisal process, it is not possible to fabricate or provide false information. 2.A qualified appraisal agency that has been filed with the people's court should be selected to conduct the disability appraisal.

3.The parties cannot change the content of the forensic appraisal without permission.

Legal basis: Article 76 of the Civil Procedure Law of the People's Republic of China provides that parties may apply to the people's court for appraisal on the specialized issue of ascertaining facts. Where the parties apply for an evaluation, and the parties are to negotiate to determine a qualified evaluator, and the people's court is to appoint them.

Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

Legal Analysis:1During the entire appraisal process, it is not possible to fabricate or provide false information. 2.A qualified appraisal institution that has been filed with the people's court should be selected to conduct the disability evaluation. 3.The parties concerned cannot change the content of the appraisal without permission.

Legal basis: Article 76 of the Civil Procedure Law stipulates that the parties to the appraisal procedure may apply to the people's court for appraisal on the issue of the special clarity of the ascertained facts.

Where the parties apply for an appraisal, the parties are to negotiate and determine a qualified appraiser; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the civil court finds that an evaluation is necessary for a specialized issue, it shall entrust a qualified evaluator to conduct the evaluation.

1. Generally speaking, disability appraisal is not allowed to entrust appraisal by oneself, and appraisal institutions also accept entrustment from individuals. A better way is for the parties to file a civil lawsuit first, and the person or the entrusted person will submit an application for disability appraisal to the court.

2. After the parties make an application, the court will notify the parties to the litigation. Under normal circumstances, the court will negotiate with all parties, and all parties will work together to select an appraisal agency from among the appraisal units recognized by the court for disability appraisal qualifications.

3. After the appraisal agency is determined by drawing lots, the court will order Fan to send the letter of entrustment for disability appraisal to the appraisal agency with the entrustment. After receiving the appraisal, the appraisal agency will contact the applicant to inform them of the fees to be paid, the materials to be provided (ID card, medical records, imaging data, etc.) of the appraised person, and negotiate to determine the appraisal location.

4. Under normal circumstances, the appraisal needs to be carried out by the appraisal agency. Under special circumstances, if the person being evaluated has difficulty moving, it may be determined through negotiation to be conducted in a hospital ward or other place. However, if the appraisal in other places requires the appraiser to go, the applicant needs to pay the corresponding outpatient fee and transportation expenses.

Disability appraisal must be completed for three months, and I shall apply or entrust to bring my ID card and medical records to the forensic science appraisal institution of your choice for appraisal. Generally, the local judicial bureau has an appraisal center, the public security department also has it, and provincial hospitals and scientific research institutions can conduct appraisals.

The above is an introduction to the relevant excavation hail that requires procedures for self-injury disability identification, reminding you that if we want to conduct an appraisal after the injury, it is generally carried out after the injury has healed, and the materials we need to bring at this time include admission records, admission summaries and medical records and other materials for identification.

Article 49 of the Provisions on Procedures for Handling Road Traffic Accidents, if it is necessary to carry out inspection and appraisal, the traffic management department of the public security organ shall, in accordance with the relevant regulations, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the conclusion of the investigation at the scene of the accident. The autopsy shall be commissioned within 3 days of the date of death. The inspection and appraisal of the traffic hit-and-run vehicle shall be entrusted within three days from the date of seizure of the suspected vehicle.

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 is to be conducted by an evaluation institution with psychiatric evaluation qualifications.

It is necessary to pay attention to the nature of the accident when conducting a disability assessment, because the nature of the accident is different. Generally, there are disability appraisals for infringement accidents and disability appraisals for work-related accidents. The materials required to apply for disability appraisal should be all in order, and medical records and examination records are generally required for appraisal.

A power of attorney issued by the judiciary is required for infringement accidents, and a work-related injury certificate is required for work-related accidents. The disability assessment can only be carried out after the employee**, or after a certain period of medical treatment has been met and the condition of the injury is stable.

Legal basis

Article 7 of the Administrative Measures for the Appraisal of the Labor Ability of Employees Injured at Work Article 7 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, or if the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall promptly submit an application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts.