With the development of society, accidents such as traffic accidents and work-related injuries occur from time to time, and head injury, as one of the common types of injuries, brings a huge threat to people's lives and health.
Brain injury is a condition in which an external force acts on the head, resulting in damage to brain tissue. The disability assessment level of head injury is the standard for evaluating the degree of disability of patients with head injury, which is divided into level 1 to 10 according to the degree of functional impairment of the patient, with level 1 being the most severe and grade 10 being the lightest. The purpose of this standard is to provide a reasonable basis for compensation for the injured and safeguard their legitimate rights and interests.
The legal basis for the classification of head injury disability
Article 111 of the Tort Liability Law of the People's Republic of China stipulates: "Where a person is physically disabled as a result of a tortious act, he shall pay disability living allowance, nursing expenses and other expenses. Article 24 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 stipulates that: "If the victim is physically disabled as a result of the tortious act, he may request compensation from the tortfeasor for disability living allowances, nursing expenses and other expenses. ”
According to the above-mentioned legal provisions, the disability level of head injury is an important basis for determining the infringer's liability for compensation. Through the disability identification, the degree of functional impairment of the injured person can be clarified, and reasonable compensation can be provided for the injured person.
Legal process for determining the disability rating of head injury
1.Application for disability appraisal: After the end of the **, the injured person can apply to the disability appraisal agency and submit relevant medical information and certificates.
2.Disability appraisal: After receiving the application, the disability appraisal institution shall organize experts to conduct disability appraisal on the injured person. Disability identification includes clinical examination, imaging examination, functional evaluation and other links.
3.Issuance of disability appraisal opinions: Disability appraisal institutions issue disability appraisal opinions based on the opinions of experts.
4.Litigation stage: If there is a dispute between the two parties on the disability appraisal opinion, they may file a lawsuit with the people's court, and the court will organize a new appraisal or make a judgment based on the original appraisal opinion.
Case Study
Li suffered a head injury due to a traffic accident, and after **, he applied to the disability appraisal agency for disability appraisal. After expert assessment, Li was determined to have a fourth-degree disability. Mr. Li claimed compensation from the infringer, demanding payment of disability living allowance, nursing expenses and other expenses. The infringer believed that Li's disability was relatively minor and did not agree to pay high compensation. Eventually, the parties filed a lawsuit in the people's court. After trial, the court found that Li's disability was indeed more serious, and supported Li's claim.
From the above cases, it can be seen that the disability level of head injury is an important basis for resolving tort disputes. Through a reasonable disability appraisal, reasonable compensation can be provided to the injured person and their legitimate rights and interests can be safeguarded. In practice, the injured person should actively apply for disability appraisal and reasonably protect their rights. At the same time, the infringer should also respect the law and bear the corresponding liability for compensation. Beijing Disability Identification