1. The process of disability assessment is as follows:
(1) The person being assessed should bring an application for disability assessment stamped with the official seal of the case handling unit and signed by the person handling the case;
(2) Bring diagnostic certificates from hospitals above the county level, examination results, CT, X-rays and diagnostic reports from the initial stage of injury and after treatment;
(3) Borrow relevant surgeries from the treating hospital Medical records and examination records;
(4) When assessing the dependent’s working ability, the evaluator’s ID card and household registration certificate and instructions from relevant government departments should also be brought;
(5) The assessment should be based on the completion of treatment for injuries directly caused by the accident or confirmed complications. If the treatment has not yet been completed and the basis for compensation needs to be provided due to mediation, this shall be stated in the application;
(6) The assessor needs to undergo inspection in person and pay the prescribed assessment fee.
1. The process of disability appraisal is as follows:
(1) Entrusted appraisal
Forensic appraisal institutions and social professional forensic appraisers accept the entrustment of judicial organs. Engage in judicial appraisal of entrusted matters; the entrustment of appraisal of non-litigation cases shall comply with the regulations of the industry.
(2) Accepting the entrustment
After receiving the entrustment letter, the judicial appraisal institution shall review the entrustment matters of the client and make the following decisions:
1. For those who meet the conditions for acceptance and can immediately decide to accept the case, the judicial appraisal agency shall sign a "Judicial Appraisal Entrustment Acceptance Contract" with the client;
2. If it cannot decide to accept the case immediately, it shall issue a "Judicial Appraisal Entrustment Acceptance Contract" to the client. Appraisal Entrustment Materials Receipt Form", a decision will be made within 7 days from the date of receipt of the entrustment materials;
3. For those who do not meet the acceptance conditions and decide not to accept the application, the appraisal materials should be returned And explain the reasons to the client;
4. For letters of entrustment, the judicial appraisal institution shall give a written reply on whether to accept the letter within 7 days from the date of receipt of the letter.
(3) Organizing appraisals
1. Implement a face-to-face appraisal system. The Municipal Labor Inspection Office will notify the person being appraised to go to the designated location and accept the clinical diagnosis and appraisal by experts from the appraisal team. X-rays, CT films, various inspection reports, etc. must be brought with you for future reference.
2. Each appraisal must be attended by 3 or more experts from the appraisal team. The appraisal results shall be made jointly by the 3 appraisal experts and signed by their names.
3. If the Municipal Labor Inspection Office deems it necessary, it can organize a verification or social investigation within 7 days after the expert appraisal, and go to the unit, residence or hospital of the person being appraised to investigate and verify the situation.
(4) Appraisal results
1. The appraisal results shall be made within 7 days after the appraisal, and the Municipal Labor Inspection Office will notify the appraised unit and the appraised person to collect them.
2. According to the national standard (GB/T16180-1996) "Appraisal of the Disability Degree of Employees from Work-related Injuries and Occupational Diseases", the appraisal results are divided into 10 levels, among which disability levels 1-4 are complete loss of working ability. Disability levels 5 to 6 indicate a substantial loss of working ability, and disability levels 7 to 10 indicate partial loss of working ability.
The specifics of disability grade assessment are as follows:
1. Assessment principles
Disability assessment should be based on the post-injury treatment effect of the human body and carefully analyze the disability and accident , the relationship between damage, and assess it realistically.
2. Timing of assessment
(1) The timing of assessment should be based on the completion of treatment of the injury directly caused by the accident or the complications caused by the injury;
< p> (2) If there is disagreement on the termination of treatment, the case handling agency can organize relevant professionals to conduct an appraisal to determine whether the treatment has been terminated.3. Evaluator conditions
The evaluator should be a person with forensic qualifications.
4. Rights of the assessor
(1) The right to know the case facts and other materials related to the assessment;
(2) The right to inquire from the parties regarding Assessment-related issues;
(3) The right to conduct physical examinations on persons injured in road traffic accidents and require necessary special instrument examinations in accordance with medical principles;
(4) Have The right to refuse assessment due to limitations of professional knowledge or insufficient identification materials.
5. Assessor’s obligations
(1) Comprehensively, meticulously, scientifically and objectively examine and record the injured persons in road traffic accidents;
(2) ) Make assessment conclusions correctly and timely;
(3) Answer questions related to assessment raised by the accident handling agency;
(4) Keep the case secret;
< p>(5) Strictly abide by national laws and regulations and the provisions on avoidance principles;(6) Properly keep items and materials submitted for assessment.
6. Evaluation letter
(1) After the evaluator completes the evaluation, he should make an evaluation letter and sign it;
(2) The evaluation letter includes general conditions, Case introduction, medical record excerpts, test results records, analytical opinions and conclusions, etc.
(5) Re-appraisal
If the units and individuals applying for appraisal have objections to the conclusion of the municipal labor ability appraisal, they may submit a report to the Provincial Labor Inspection Commission within 15 days after receiving the appraisal certificate. Propose re-identification. The appraisal result of the Provincial Labor Inspection Commission is the final conclusion.
For re-identification, the professional forensic identification agency shall require the client to provide the same materials as the original identification materials. If the re-identification is still being conducted by the original social professional judicial appraisal institution, the original appraiser cannot handle the re-identification matters. Under any of the following circumstances, a forensic identification institution may accept entrustment to conduct a re-identification:
1. The forensic identification institution or judicial authenticator conducts identification beyond the scope of forensic identification business or the type of practice;
< p>2. The materials submitted for appraisal are false or inaccurate;3. The standards, methods or instruments and equipment used in the original appraisal are inappropriate, resulting in the original appraisal conclusion being unscientific and inaccurate;
< p>4. The original identification conclusion is inconsistent with other evidence;5. The original judicial identification person should have recused himself but did not;
6. The original judicial identification person issued a wrong identification due to his fault conclusion.
(6) Reexamination and Appraisal
One year after the conclusion of the labor ability appraisal is made, the employee himself or his immediate family, the employer or the agency believes that the disability has occurred If there is a change, you can apply for a labor ability review appraisal.
The materials that need to be submitted for disability determination are as follows:
1. The person being assessed needs to fill in the work-related injury determination application form printed uniformly by the Ministry of Social Security and Human Resources;
2. The person being appraised needs to prepare a labor contract with the employer. Or other evidence that can prove that the person being appraised has worked in the employer;
3. The person being appraised needs to issue a certificate of medical diagnosis in the hospital;
4. If the person being appraised is because To apply for a work-related injury appraisal due to an occupational disease, you need to submit an occupational disease diagnosis certificate or an occupational disease diagnosis appraisal certificate.
What information is needed to apply for work-related injury identification?
To apply for work-related injury identification, the following materials should be submitted:
1. Work-related injury identification application form;
2. Documents proving the existence of a labor relationship (including a de facto labor relationship) with the employer;
3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate).
The application form for work-related injury identification should include basic information such as the time, place, and cause of the accident, as well as the extent of the employee's injury. If the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall notify the applicant in writing at one time of all the materials that need to be supplemented and corrected. After the applicant supplements and corrects the materials as required in written notification, the social insurance administrative department shall accept the application.
To sum up, these are the editor’s answers to how to do a disability assessment. I hope it can help you.
Legal basis:
Article 50 of the "Regulations on Procedures for Handling Road Traffic Accidents"
The costs of inspection and appraisal shall be borne by the traffic management department of the public security organ, but the law Exceptions are made unless otherwise stipulated by regulations or when the parties themselves entrust disability assessment or property loss assessment.
Article 23 of the "Regulations on Work-related Injury Insurance"
For labor ability appraisal, the employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted municipal level. It also provides relevant information on work-related injury determination decisions and employee work-related injury medical treatment.