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Official website of Maoge mining machine

Publish: 2021-05-23 19:13:59
1. Jasmine
us smartfesto blockchain expert
chief expert of CMAC blockchain lab
author of blockchain 4.0
Nie Qian
us smartfesto artificial intelligence expert
chief expert of CMAC Artificial Intelligence Lab
president of CMAC Research Institute
president of Zhongchuan cloud
2. 1. Traffic accidents or other personal injuries may apply to the local judicial appraisal center for disability appraisal. Generally, the Municipal Judicial Bureau has a Judicial Expertise Center
2. For instrial accidents, you can apply to the local labor ability appraisal committee for labor ability appraisal. Generally, it belongs to the subordinate organization of the Municipal Labor Bureau
disability appraisal refers to the appraisal of the degree of disability. The scope of disability identification includes traffic accident disability, instrial injury disability, accidental injury disability and fight disability. Generally, the judicial department (such as traffic police, police station and court) entrusts the disability appraisal organization to make the corresponding appraisal
the identification standard of the degree of injury and disability caused by occupational diseases is the national standard for the identification of injury, which is divided into ten levels. Among them, those who meet the standards of level 1 to level 4 are totally incapacitated, those with level 5 to level 6 are mostly incapacitated, and those with level 7 to level 10 are partially incapacitated.
3.

Forensic center can do it. Now there are many indivial forensic institutes that can do it. They need to carry complete medical records and doctor's diagnosis certificate. The staff of Forensic Institute can check the disability level only after referring to the complete medical records

being hit by a battery car is a traffic accident, so it's OK to do the disability identification when you leave the hospital, and you need to bring the medical record and the doctor's diagnosis certificate

extended data:

grade I disability

1. You can't take care of yourself in daily life. You can't maintain your life unless you rely on others' help or special facilities

2

All kinds of activities were restricted and bedridden

(4) totally losing the ability to work

secondary disability

1

All kinds of activities were limited, only in bed or chair

3

4. Social communication is extremely difficult

(1) they cannot live independently and need to be supervised frequently

All kinds of activities are limited, only indoor activities

(3) obvious occupational limitation

4

grade 4 disability

1

All kinds of activities are limited, only in the residential area

3

Social interaction was severely restricted

grade 5 disability

1

All kinds of activities were limited, only in the nearby activities

3

4. Lack of social communication

The ability of daily living is partly limited, but it can be partly compensated, and conditional needs help

All kinds of activities decreased

3

The social interaction was narrow

grade 7 disability

1

2. Short time activity was not limited, long time activity was limited

The working time should be shortened obviously

Social interaction decreased

grade 8 disability

1

(2) long distance flow was limited

3

Social interaction is restricted

Most of the activities of daily living are limited

The ability of work and study decreased

3. The ability of social interaction was mostly limited

grade 10 disability

1

The ability of work and study decreased

3. The ability of social interaction was partially limited

4.

There is no need to directly go to the hospital for disability identification. If it is a work-related injury, the party only needs to apply to the local labor department for disability identification. After the application, the labor department will arrange the party to the designated staff for identification

if it's a traffic accident, you need to apply to the local judicial department for disability identification, which will be arranged by the local judicial department

disability identification includes: traffic accident disability, instrial injury disability, accidental injury disability and fight disability

extended data:

in recent years, in some parts of our country, the cases of personal injury compensation in road traffic accidents are increasing rapidly, and the cases of disability identification e to road traffic accidents every year account for about half of all judicial identification cases in grass-roots courts

because the expert opinion often has a decisive impact on the judgment results of such cases, there are a lot of cases in which the parties are not satisfied with the expert opinion of disability grade and apply for re identification, which also causes a lot of problems worthy of attention

The first is the distortion of unilateral identification. Objectively speaking, the appraisal entrusted by the court is relatively standard, and the disability appraisal opinions entrusted by the parties themselves are often problematic. In order to pursue high compensation in litigation, some parties will unilaterally entrust the appraisal agency to make their own disability appraisal

for example, find several appraisal institutions to communicate and compare in advance, and choose the one with the highest disability rating, regardless of whether the qualification and process are standardized or not. Some parties even bribe appraisers to achieve the purpose of "grading without disability" and "low disability and high evaluation", which leads to false appraisal opinions and even false appraisal

Second, the identification method is not standardized. On the one hand, the inaccuracy of forensic clinical examination leads to the distortion of opinions. For example, a small number of experts are not proficient in their specialty, and their test methods are rough, so they can not obtain objective results through forensic clinical examination; There are some mistakes in the understanding and application of the appraisal standard terms; Blindly accept the results of examination and diagnosis in medical history

There was a lack of accurate identification of injury relationship, fresh injury and old injury, variation and injury. On the other hand, the appraisal link is not rigorous. If the inspection materials are not comprehensive, and there is no necessary material supplement after acceptance, it leads to excessive reliance on the subjective inspection of the appraiser, resulting in inaccurate opinions. In addition, the analysis of expert opinion is too simple, reasoning is not rigorous, easy to lead to distrust of the parties

Third, the timing of identification is not accurate. According to the standards of road traffic accident disability and the requirements of judicial expertise, the time of expertise is generally 3 to 6 months after the date of injury. However, in practice, there are a lot of differences in the identification of whether the identified person has reached the end of clinical treatment by different appraisers, which usually shows that the evaluation time is in advance

In fact, it is easy to identify the temporary disability as long-term disability if the disability level is identified too early. In addition, e to the limitation of the time limit for handling cases, the judge in charge will often urge the appraisal institutions to provide appraisal opinions in a short time, which also conflicts with the time interval and appraisal opportunity that should be grasped in forensic clinical science and disability appraisal

Specifically, there are three main reasons for the problems of "wrong identification" and "false identification": first, the level of identification determines the amount of compensation. As the standard of disability compensation based on the level of disability is increasing year by year, the result of disability appraisal has a decisive impact on the amount of personal injury compensation. Some parties and agents do not hesitate to use all kinds of human relations to improve the level of disability appraisal, so as to obtain high compensation

in the face of fierce market competition, some appraisers are also willing to accept unilateral entrustment, the standard is relaxed, and the rating depends on high rather than low. In this way, a large number of disability appraisal opinions do not conform to the appraisal standards, leading to the other party's skepticism about the grade of appraisal opinions

Second, the identification is subjective. Disability identification is a subjective explanation of identification and judgment made by personnel with professional knowledge according to corresponding objective materials. As the appraisal behavior is subjective in nature, there are inevitably some differences in opinions

In practice, many appraisal opinions are overturned after re appraisal, which is often considered as the difference of experience and understanding between different appraisers. Some appraisers also use subjective judgment to make defect identification, making it a shield to avoid responsibility

Thirdly, the supervision mechanism is not perfect. At present, the judicial administrative organs often treat the complaints vaguely or not on the ground that they belong to the scope of professional technology, which leads to the fact that the supervision and management can not be implemented. It is difficult to effectively supervise the majority of disability appraisal, and it is also difficult to form substantive constraints on the appraisal institutions and appraisers

Combined with the above analysis, the standardization of disability identification should grasp three aspects:

first, the application is submitted unilaterally and the other party signs for approval. In practice, it is reasonable to entrust the disability identification before litigation. The parties can calculate the amount of disability compensation after the conclusion of the evaluation, and then sue in the court

in view of the unilateral entrustment of the applicant, in order to improve the acceptance rate of the appraisal opinions, the appraisal institution can suggest the applicant to inform the other party to come to the appraisal institution together, and after explaining the situation, the other party also signs on the appraisal application for approval. In this way, it can avoid that the other party has to reappraise an objection in the subsequent litigation

at present, a small number of authoritative appraisal institutions have adopted this mode, and greatly improved the court's acceptance rate of such appraisal opinions

The second is to refine the identification standard and improve the identification quality. The time to apply for identification shall be determined by the end of treatment of the injury directly caused by the accident or the complication caused by the injury. Only by unifying the appraisal standard of the degree of disability and adopting the same method and standard for the same type of appraisal can the appraisal opinion be objective and fair

in the aspect of disability compensation, different types of disability can have different compensation calculation methods. In the aspect of regulating appraisers' subjective judgment, the competent authority can formulate clear and detailed standards to strictly define the rationality of appraisers' subjective judgment, and can also organize professional institutions, experts and scholars to screen the rationality of subjective judgment in some appraisal opinions

make clear the standards for the necessary identification of the submitted materials, and make accurate records of the submitted materials, such as the number of radiographic films, the time of film reading and the number of films. Establish the system of urging overe appraisal. The court can strengthen the communication with the appraisal institution, clarify the time limit and Department of urging, guarantee the quality of the appraisal opinion, and shorten the trial cycle of the case

The third is to strengthen supervision and management and promote instry standardization. The judicial administrative organ should guide the Appraisal Association to improve the assessment and training mechanism and enhance the professional ethics of appraisers; We should do a good job in forensic clinical expertise training to improve the professional level of forensic appraisers; To strengthen the self-discipline of the appraisal instry, we should also rely on the social supervision and management of the heteronomy

When the people's court finds an appraiser who is beyond the scope of business or practice category, or whose expert opinion is obviously untrue e to negligence or negligence, it can recommend the judicial administrative organ to give a warning, stop practice, revoke qualification and other administrative penalties; Establish blacklist system and strengthen punishment

5.

Generally, the judicial department (such as traffic police, police station and court) concts the corresponding disability identification according to the relevant admission records provided by the hospital or entrusts the disability identification agency

(1) the original and of the decision on the determination of instrial injury

(2) complete medical record materials such as effective diagnosis certificate, examination and test report copied or plicated in accordance with relevant regulations on medical record management of medical institutions

(3) the original and copies of the resident identity card or social security card and other valid identity certificates of the injured employees

(4) other materials required by the labor ability appraisal committee

extended data

disability identification procere:

1. The assessed person should carry the disability assessment application 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 at the beginning of injury and at the end of treatment from hospitals above the county level

3. Borrow relevant operation medical records and examination records from the treatment hospital

4, when assessing the working ability of the dependants, they should also carry the identification card and registered residence certificate of the assessor and the instructions of the relevant government departments; p>

5. The assessment should be based on the end of the treatment of the injury directly caused by the accident or the confirmed complication. If the treatment has not been ended and the basis of compensation needs to be provided e to mediation, it should be explained in the application

6. The assessor needs to accept the examination in person and pay the prescribed assessment fee

6.

Forensic center can do it. Now there are many indivial forensic institutes that can do it. They need to carry complete medical records and doctor's diagnosis certificate. The staff of Forensic Institute can check the disability level only after referring to the complete medical records

< UL >
  • Introction:

  • < / UL >

    disability identification refers to the degree of disability identification. The scope of disability identification includes traffic accident disability, instrial injury disability, accidental injury disability and fight disability. Generally, the judicial department (such as traffic police, police station and court) entrusts the disability appraisal organization to make the corresponding appraisal

    < UL >
  • < H2 > expand the data:
  • < / UL >

    the disability identification standard is a unified national standard, and then implemented by the local standards, in order to safeguard the legitimate rights and interests of the disabled and promote social harmony and stability. There are many types of disability, which should be compared

    the disability identification standards implemented by the people's Republic of China mainly include:

    identification standards of slight injury of human body, identification standards of serious injury of human body, disability assessment of injured persons in road traffic accidents, classification standards of medical accidents (Trial Implementation), identification of degree of disability caused by instrial injury and occupational diseases of employees, etc


    7. It is suggested that you go to Hebei Provincial physical examination center under the provincial people's hospital

    which is a relatively good large-scale physical examination center

    the personnel are high-quality, separated from the provincial people's hospital

    the price depends on what you do, just like the supermarket, you can freely choose the combination according to your personal situation

    the address is on Heping West Road, the terminal of No.5 bus
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