First, the parties involved in traffic accidents are disabled due to injuries. After the treatment, you can apply to the public security traffic management organ or the court for disability appraisal after the prosecution.
Second, the following materials should be prepared before disability assessment:
1, ID card, hospital diagnosis certificate, inpatient medical record (copy).
2. Fracture patients should prepare X-ray and CT films at the initial stage of injury and during treatment.
3. Power of attorney from the traffic team, court or law firm.
Three, the forensic doctor can do further examination according to the needs of the disease. Insufficient evaluation materials will not be accepted before the evaluation time. Suggestion: fracture and mild and moderate craniocerebral injury should be evaluated for more than 3 months, and high craniocerebral injury should be evaluated for more than 6 months.
Four, if it is determined that mediation can not be resolved, it is best to apply to the court for disability appraisal after the case is brought to court, and the court will organize both parties to choose or designate an appraisal institution, which is the safest and the most effective appraisal report.
If you find an appraisal agency unilaterally, if the defendant does not approve the application for re-appraisal at the court session, the court will generally support re-appraisal, which is a waste of time and a loss of appraisal fees.
First of all, the most important thing is to choose an appraisal institution with appraisal qualification, that is, the appraisal conclusion made by the appraisal institution can be recognized by the court.
Secondly, the most important thing is to choose the appraisal institution that is beneficial to us among the qualified appraisal institutions. Grasping this point is not only based on legal provisions, but also based on the needs of a large number of cases. Experienced lawyers can grasp these two points within the legal framework and on the basis of a lot of practice to maximize the interests of clients.
After the traffic accident, it is very important to choose the appraisal institution, because the disability level directly determines the calculation standard of disability compensation and the living expenses of the dependents, and indirectly affects the compensation items such as mental damage compensation, lost time, nursing expenses and nutrition expenses. It can be said that if the disability is worse than one level, there will be a gap of tens of thousands and hundreds of thousands of compensation.
Legal basis:
Regulations on industrial injury insurance
Twenty-third labor ability appraisal by the employer, workers or their close relatives to the city labor ability appraisal committee, and provide workers with work-related injury appraisal decisions and medical treatment related information.
Article 24 The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees of cities divided into districts are composed of representatives of social insurance administrative departments, health administrative departments, trade union organizations, handling agencies and employing units of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts respectively.
The labor ability appraisal Committee establishes a medical and health expert database. Medical and health professional and technical personnel included in the expert database shall meet the following conditions:
(1) Having senior professional and technical positions in medicine and health.
(two) to master the relevant knowledge of labor ability appraisal
(3) Having good professional ethics.
Twenty-fifth districts of the city labor ability appraisal committee after receiving the application for labor ability appraisal, it shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward the appraisal opinions. According to the expert group's appraisal opinions, the municipal labor ability appraisal committee with districts makes a conclusion on the labor ability appraisal of workers with work-related injuries; When necessary, a qualified medical institution may be entrusted to assist in the relevant diagnosis.
The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time.