How to carry out disability identification
parsing problem
Is the traffic accident disability appraisal made by Lin effective?
Case playback
Lin is a farmer who works in Chengde, Beijing. On June 5, 2005, he was injured by a horse in a traffic accident. In order to solve the problem of traffic accident compensation and go home for the Spring Festival as soon as possible, Lin applied to the public security traffic management department for disability appraisal before the end of treatment, but was rejected. So Lin went to the forensic identification center of a city in Hebei Province for disability identification without authorization. The disability level is V, and he filed a lawsuit with the court. Ma is skeptical about Lin's disability appraisal and thinks that his disability level is six. Is it effective for Ma to consult a forensic center in a city of Hebei Province?
Processing strategy
Traffic accident disability refers to personal disability caused by road traffic accident injury. Including: mental, physiological function and anatomical structure abnormalities and the resulting loss of life, work and social activities to varying degrees. According to the disability status of the injured in road traffic accidents, the degree of disability of the injured is divided into 10 grades, from I grade (100%) to X grade (10%), and the difference between each grade is 10%.
The procedures for personal disability assessment in traffic accidents are generally as follows:
1, the appraisee shall carry the application for disability assessment with the official seal of the case-handling unit and the signature of the case-handling person;
2. Carry the diagnosis certificate, examination results, CT, X-ray and diagnosis report of hospitals at or above the county level;
3. Borrow relevant surgical medical records and inspection records from the treatment hospital;
4. When identifying the dependent's working ability, you should also bring the appraiser's ID card, household registration certificate and instructions from relevant government departments;
5. The evaluation should be based on the injury directly caused by the accident or the end of treatment of confirmed complications. If the treatment is not over yet, and the basis for compensation needs to be provided due to mediation, it shall be stated in the application;
6. The appraiser needs to accept the inspection in person and pay the specified appraisal fee.
Paragraph 2 of Article 40 of the Procedures for Handling Traffic Accidents issued by the Ministry of Public Security: If a party is disabled due to a traffic accident, the level of disability shall be assessed by a qualified disability appraisal institution after the end of treatment. Qualified inspection, appraisal and evaluation institutions shall be filed with the public security traffic management department of the provincial people's government, and the public security traffic management department may introduce qualified inspection, appraisal and evaluation institutions to the parties, and the parties shall choose by themselves.
It can be seen that the time of disability appraisal is at the end of treatment, and there should be a discharge diagnosis certificate. An application shall be submitted to the public security traffic management department, and the appraisal institution recommended by the public security department shall be chosen by the parties themselves.
In this case, Lin entrusted a forensic center in Hebei Province for identification. First, there was no treatment, no discharge, and no diagnosis certificate. Second, it did not apply to the public security traffic police department to go to a forensic center in Hebei Province for identification. If the public security organ or the horse has no objection to this result, it is valid. If there is any objection, you may apply to the appraisal institution recommended by the public security organ for re-appraisal.
Transposition consideration
Disability identification is indeed a very important link in the procedure of personal injury compensation in traffic accidents. The amount of compensation for different levels of disability will vary greatly. Neither the obligee nor the obligor can passively wait and take the initiative to accept the evaluation results. If the appraisal results are too different, you can apply for re-appraisal. There are two ways: one is that the appraisal conclusion in court proceedings is evidence, and the other is that the parties can apply to the court for re-appraisal.
Lawyer reminds
If a party to a traffic accident is disabled due to injury, he may apply to the public security organ for disability appraisal within fifteen days after the end of treatment. The public security organ shall, according to the hospital certificate and the Ministry of Public Security's road traffic accident disability assessment standard, assess the disability level or recommend an appraisal institution to the parties within 30 days after receiving the application for disability assessment, and the parties shall choose by themselves. If a party refuses to accept the disability assessment, he may, within fifteen days after receiving the assessment, apply to the public security organ at the next higher level for re-assessment. The public security organ at the next higher level shall make a re-evaluation decision within 30 days after receiving the application for re-evaluation.
legal ground
1. Procedures of the Ministry of Public Security stipulate: Article 40 Medical appraisal of mental illness shall be conducted by hospitals designated by provincial people's governments.
If a party is disabled due to a traffic accident, after the end of treatment, a qualified disability appraisal institution will assess the disability level.
2. Article 4 of the Notice of the Supreme People's Court and the Ministry of Public Security on Relevant Issues Concerning Handling Road Traffic Accident Cases stipulates that the people's court shall not accept an administrative lawsuit or a civil lawsuit filed by a party who refuses to accept the responsibility determination and disability assessment made by the public security organ. If a party refuses to accept the administrative punishment or brings an administrative lawsuit or a civil lawsuit on the issue of damages, when the people's court tries a criminal case of traffic accident, it will not accept the case if it considers that the responsibility determination and disability assessment made by the public security organ are indeed improper after examination, and the facts of the case determined by the people's court will be the final basis.
3. The disability assessment of the injured in road traffic accidents is carried out according to the national standard GB 18667-2002 of People's Republic of China (PRC).
Published in 2002- 12-0 1, implemented in 2002-12-0/.
Issued by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China