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You said that in this case, whether the other party bears criminal responsibility does not need to be evaluated, but whether it is necessary to make an evaluation of the injury, that is, whether your brother's injury is slight, minor or serious, this is fine. As for your request for them to bear financial compensation, they need to do a disability assessment, and they also need to be terminated, and in some cases, it will only be done after a period of time.
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1.According to Article 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, he or she shall be assessed for his or her ability to work.
2.Employees who are injured at work need to wait for the injury to stabilize and can apply for a labor ability appraisal to determine the level of work-related injury. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).
3.According to Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:
1) The original and photocopy of the "Decision on the Determination of Work-related Injury";
2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;
3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;
4) Other materials specified by the Labor Ability Appraisal Committee.
4.Due to the differences in the specific operation of different places, it is recommended to call 12333 for consultation before processing.
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Disability level assessment can only be identified after reaching the end of medical treatment You can check it on the Internet, the end time of medical treatment.
And according to your brother's medical diagnosis, as long as the end time is reached from the day of injury, the evaluation can be done
It is best to go to a forensic institution to do it
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According to the laws of the country, whoever asserts the claim shall provide evidence, but it is best to be identified by a professional judicial appraisal institute after being discharged from the hospital, which is more accurate. It is also possible to ask the ** person to entrust a forensic evaluation.
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This is based on the hospital's determination of the victim's injuries, and the attending physician has the right to issue such a certificate and the hospital stamps it as valid, which is evidence and therefore plays a key role in the identification of the disability.
Bring ** to justice that you have to call the police to explain the situation, whether you can bring ** to justice is the police's business! Believe in the police, believe in the law!
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Whether the victim is disabled or not does not affect whether he can be brought to justice.
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According to the relevant laws and regulations, a work-related injury determination must be carried out before the disability appraisal is carried out, because only those who are recognized as work-related injuries need to be assessed for the disability level. According to the regulations on work-related injury insurance, the application form for work-related injury determination, the proof of the existence of labor relationship with the employer, and the medical and occupational disease diagnosis certificate need to be submitted for the determination of work-related injury, a total of three types of supporting materials. Among them, the application form for work-related injury determination should indicate the time, place and cause of the accident that caused the work-related injury, which is the core and most important material for applying for work-related injury identification, and must be truthfully and detailed.
For those who are recognized as work-related injuries, they can continue to apply for disability evaluation, and the disability level appraisal process is as follows:
1. First of all, it is necessary to apply for labor ability appraisal to the Labor Ability Appraisal Committee, and the necessary materials for the application include the ID card of the injured employee, the social security card, the original "Decision on Work-related Injury Determination", the diagnosis certificate issued by the hospital and the relevant follow-up inspection report;
2. After submitting the application materials, the appraisal committee will make an appraisal conclusion according to the actual situation;
3. The appraisal committee shall issue relevant certificates to the applicant according to the appraisal results in accordance with the law. Legal basis: Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
Disability Identification Process:
1. For disability evaluation, it is necessary to prepare a copy of the labor and employment contract or other supporting materials for the existence of labor relationship (including de facto labor relationship) and personnel relationship with the employer.
2. Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution. The conclusion will be obtained within 20 working days.
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The method of disability appraisal is as follows: 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 and submit relevant materials, and after receiving the application for labor ability appraisal, the institution shall review the materials submitted by the applicant in a timely manner, and if the applicant provides complete materials, the labor ability appraisal committee shall organize the appraisal in a timely manner and make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application.
Legal basis] Article 7 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work.
In the event of a work-related injury, if an employee 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.
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Legal analysis: To carry out disability certification, the parties need to bring complete medical records and doctor's diagnosis certificates to the judicial appraisal center, and the staff of the laboratory will verify the disability level after referring to the complete medical records. The assessment of disability should be based on the effect of human injury, carefully analyze the relationship between disability and accident and injury, and evaluate it realistically.
Legal basis: "Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work" Article 7 In the event of a work-related injury, if an employee 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 at the districted city level.
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1. Work-related injury identification process and materials.
1. The work-related injury identification process and information are as follows:
1) Applicant: The employer, the employee or his immediate family members, and the trade union organization can apply as the applicant for the determination of work-related injury or the application for confirmation of work-related injury;
2) Application time: The unit shall submit an application for recognition of work-related injury within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department;
3) Materials to be submitted when the applicant applies for work-related injury determination: Application form for work-related injury determination.
2. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or identified 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 submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
2. What materials are required for disability evaluation?
1. Notice of work-related injury determination issued by the labor administrative department;
2. Appraisal form of work-related disability grade;
A copy of the applicant's ID card;
3. Medical records;
4. Disease diagnosis certificate and other related materials. Submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts in a timely manner.
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To apply for disability evaluation, an individual needs to request his or her labor company to make a disability determination with the local human resources and social security bureau within one month of the accident, and if the company is unwilling to cooperate, the person concerned or his close relatives are required to do the disability determination within one year.
[Legal basis].
Article 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, he or she shall be appraised for his or her ability to work. Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
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Legal analysis: First of all, the selection of appraisal institutions, because forensic science appraisal has been marketized, should be selected with a qualified appraisal agency filed with the people's court, so as to avoid the appraisal results not being recognized by the court due to the issue of appraisal qualifications after going to 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.
Finally, the procedures for handling the personal disability appraisal of traffic accidents are generally as follows:
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 and copy relevant surgical medical records and examination records from ** hospital;
4. When appraising the working ability of the dependents, the ID card and household registration certificate of the appraiser and the instructions of the relevant departments should also be bred;
5. The appraisal shall be based on the injury directly caused by the accident or the determined complications, and if the compensation basis is not yet concluded and the mediation needs to be provided, it shall be explained in the application;
6. The appraiser needs to be inspected in person and pay the prescribed appraisal fee.
Legal basis: Social Insurance Law of the People's Republic of China
Article 25 The State shall establish and improve the basic medical insurance system for urban residents.
The basic medical insurance for urban residents implements a combination of individual payment and subsidy.
Those who enjoy the minimum living guarantee, the disabled who have lost the ability to work, the elderly over the age of 60 and minors from low-income families, etc., will be subsidized by **.
Article 26 The treatment standards of basic medical insurance for employees, new rural cooperative medical care and basic medical insurance for urban residents shall be implemented in accordance with the provisions of the State.
Article 27 Individuals who participate in the basic medical insurance for employees, when they reach the statutory retirement age, the cumulative contributions reach the number of years prescribed by the State, and they will no longer pay the basic medical insurance premiums after retirement, and enjoy the basic medical insurance benefits in accordance with the provisions of the State; If the number of years prescribed by the state has not been reached, the fee can be paid until the number of years prescribed by the state.
Article 28 In line with the basic medical insurance drug list, diagnosis and treatment items, medical service facility standards and medical expenses, emergency and rescue medical expenses, in accordance with the provisions of the State from the basic medical insurance **.
Article 29 The part of the medical expenses of the insured persons that should be paid by the basic medical insurance** shall be directly settled by the social insurance agency and the medical institution and the drug business unit.
The administrative department of social insurance and the administrative department of health shall establish a system for the settlement of medical expenses for medical treatment in other places to facilitate the insured persons to enjoy basic medical insurance benefits.
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Summary. Hello, dear <>
The steps to do a disability assessment are as follows:1Apply at your local hospital or disability assessment center.
Relevant supporting materials are required, such as medical records from the hospital, diagnosis certificates, etc. 2.Disability evaluation.
Disability identification requires a physical examination and evaluation to determine the extent and impact of the impairment of physical functioning. 3.Receive a disability assessment.
Based on the results of the disability assessment, you will receive a certain amount of disability compensation or other benefits.
How to do a disability assessment.
Hello, dear <>
The steps to do a disability assessment are as follows:1Go to your local hospital or disability assessment center to apply.
Relevant supporting materials need to be provided, such as medical records and diagnosis certificates from Qiaohu Hospital. 2.Disability evaluation.
Disability identification requires a physical examination and evaluation to determine the extent and impact of physical impairment. 3.Receive a disability assessment.
Based on the results of the disability assessment, you will receive a certain amount of disability compensation or other benefits.
Hello, dear <>
Disability appraisal refers to the assessment of the degree of physical disability of persons whose physical functions are impaired due to accidents, diseases, and other causes of physical impairment. Usually, it is necessary to go to the local hospital, disability assessment center and other professional institutions for application and appraisal. <>
Hello, dear <>
Disability assessment is a relatively professional job that needs to be assessed by a professional physician. If you need to have a disability assessment, it is recommended that you consult the local air conditioning hospital or disability assessment center, and follow the relevant procedures to apply and evaluate. <>
To do disability identification, you need to bring: your ID card, X-ray, medical records, work-related injury insurance**, ** medical records; light sheets; Myself; Power of attorney. >>>More
1.The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. Since the specific injuries of the injured are not specified, it is not possible to estimate the specific level of disability, and the specific results depend on the appraisal conclusions of the expert group of the Labor Ability Appraisal Committee. >>>More
Legal analysis: (1) Lost time pay.
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Labor appraisal committees at all levels shall, in accordance with the national standards for the appraisal of the degree of disability caused by work-related injuries and occupational diseases (national standard GB T16180 1996) (hereinafter referred to as the disability evaluation standards), conduct a grading appraisal of the degree of loss of working ability and the degree of nursing dependence of employees who are injured or suffer from occupational diseases due to work-related injuries. Those who meet the disability assessment criteria for grades 1 to 4 are completely incapacitated; Grades 5 to 6 are mostly incapacitated; Grades 7 to 10 are partial incapacity. The determination of disability benefits and the placement of injured workers are mainly based on the assessed disability level.
It is estimated that there is a sixth level, which should be determined according to the recovery situation.