How to do a traffic accident disability. How to deal with traffic accident disability

It is recommended to choose an appraisal institution with appraisal qualifications that has been filed with the local people's court for appraisal.

The procedures for handling the assessment of personal disability in traffic accidents are generally 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, film and diagnostic report at the beginning and end of the injury;

3. Borrow and copy relevant surgical 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.

Disability appraisal, at present, is not in the public security system to do the appraisal, the unity is done by the social third-party institutions, specific can be entrusted to the appraisal before the prosecution, the disadvantage is that you can meet the re-appraisal, or directly entrust the court to identify, the disadvantage is that there is no article to do, there is a possibility of misjudgment, the best, after the early assessment of the disability, and then choose what way to do, and, in the Huzhou area, there is a judicial appraisal institute in northern Zhejiang, commodity inspection judicial appraisal Huzhou Branch, last time, my relatives had a traffic accident in Deqing, Find Tiance Law carte blanche to deal with it, the effect is good, the tenth level disability, the money lost to the ninth level disability, I suggest, this is a professional thing, please ask a professional person to do it.

It is recommended that after filing a lawsuit, apply to the court to entrust the judicial appraisal center to do it.

Location of traffic accident appraisal and disability: According to Article 28 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings, if one party entrusts a relevant department to make an appraisal conclusion on its own, and the other party has sufficient evidence to refute it and apply for a new appraisal, the people's court shall allow it. The procedures for handling the assessment of personal disability in traffic accidents are generally 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 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. Paragraph 2 of Article 40 of the Ministry of Public Security's "Provisions on Procedures for Handling Traffic Accidents": If a party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal institution after the end of the first day.

Qualified inspection, appraisal and evaluation institutions shall be filed with the provincial people's public security management department, and the public security traffic management department may introduce the qualified inspection, appraisal and evaluation institutions to the parties selected by themselves. It can be seen from this that the time of disability appraisal is at the end of **, and there should be a certificate of early discharge diagnosis. An application shall be submitted to the public security traffic management department, and the public security department shall recommend an appraisal agency to be selected by the parties themselves.

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 provisions, entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the completion of the investigation at the scene of the accident. 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. Article 50 of the Provisions on Procedures for Handling Road Traffic Accidents 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 and property loss assessment.

Legal analysis: Disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to 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 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

If a stool causes damage to others due to a traffic accident, it shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If it causes damage to the property of others, it shall be calculated according to the market at the time of the loss or other reasonable methods. If the patient has a fixed income for lost work, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average salary of the employee in the previous year where the medical accident occurred, it shall be calculated as 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where the medical accident occurred.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases》 Article 17: The living expenses of dependents are calculated on the basis of the degree of the dependent's loss of ability to work, and in accordance with the per capita consumption expenditure standards of urban residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. 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.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.

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. After the injury is relatively stable, the injured employee shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts;

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.

1. According to the relevant provisions of China's current laws, if a road traffic accident causes physical injury to the victim, the compensation obligor shall compensate the victim for all expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation items shall also include disability compensation, assistive device expenses, living expenses of dependents and solatium for mental damages, as well as necessary ** expenses and follow-up ** expenses. 2. With regard to the calculation of disability compensation, the current law stipulates that the standard calculation is based on the type of household registration and age of the injured person.

If it can be proved that the habitual residence and main income of the victim accompanied by the rural household registration before the accident were both urban, compensation can be awarded according to the urban standard. If the dependent's household registration and living conditions are in the above circumstances, the living expenses to be compensated may also be calculated according to the standard of urban residents. For those who have reached two or more levels of disability, i.e., multiple levels of disability, the disability compensation shall be calculated comprehensively according to the highest level combined with the additional index of disability compensation.

The maximum calculation period for the above two claims is 20 years. With regard to the solatium for mental damages caused by traffic accidents, it is a statutory compensation item for compensation obligors, but there is no specific standard in the law. The court determines the amount of compensation based on factors such as the victim's request, the consequences of the damage, the fault of the perpetrator, the ability to compensate, and the level of local economic development.

Through the comparison of Article 27 and Article 28 of the Evidence Provisions, in fact, the probative power of the appraisal entrusted by the parties themselves is lower than the appraisal conclusion reached by the appraisal agency entrusted by the court, and this point should be paid attention to when conducting disability appraisals. The identification of traffic accident disability is an important evidence to prove the injury caused by a traffic accident and an important factor affecting traffic accident compensation.

The scope of compensation for the victim's disability due to injury: disability compensation, disability assistive device expenses, dependents' living expenses, ** expenses, nursing expenses, and follow-up expenses. It should be pointed out that in addition to compensating for the above-mentioned expenses, the compensation obligor should also compensate for the relevant expenses of general personal injury compensation according to the rescue situation, that is, the various expenses incurred by Yi ** and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal basis: 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 the 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 60 years old or older, the age is reduced by one year for each additional year and is over 15 years old, it is calculated as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly. Article 146 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation)" provides where the compensation for living allowance shall generally be made up to a standard not lower than the basic living expenses of local residents if the body of another person is infringed upon and the person loses all or part of his or her ability to work.