In our daily lives, traffic accidents are one of the risks that we cannot avoid. When a traffic accident leads to disability, how to conduct a disability assessment becomes a very critical issue.
How to do disability identification in traffic accidents
Disability appraisal is a procedure established in accordance with relevant national laws and regulations to assess the degree of physical injury caused by traffic accidents and serve as the basis for claims. Traffic accident disability assessment standards are usually developed by medical experts and relevant legal departments to ensure a fair and accurate assessment of the degree of disability.
When conducting a traffic accident disability assessment, medical experts usually consider multiple factors such as the injured person's identification application, medical records, physical examination, and diagnosis results. Depending on the degree of disability, the injured person is usually classified as minor, medium, and severe. Specific criteria include the location of the disability, the degree of disability, the degree of impact on daily life, and the degree of loss of work capacity.
For different degrees of disability, the relevant laws and regulations stipulate the corresponding amount of compensation. In general, the amount of compensation is higher for serious injuries, followed by slander, and lower for minor injuries. In addition, there will be specific compensation standards for different types of disabilities, such as physical disabilities, mental disabilities, functional disabilities, etc. Therefore, it is important to know the compensation standard corresponding to the degree of disability.
When conducting traffic accident disability appraisal, attention should be paid to preparing corresponding evidence and materials. Usually, the injured person needs to provide relevant medical records, medical bills, receipts, medical examination reports and other materials to support the assessment of the degree of disability. In addition, it is possible to seek the help of a lawyer to assist with claims and provide legal advice.
In addition, it is also very important to maintain good communication and negotiation during the traffic accident disability identification process. If you disagree with the appraisal results, you can file an appeal through legal channels and provide relevant evidence and reasons. In general, the injured person and the insurance company can negotiate or apply for a re-evaluation in order to obtain a fairer compensation.
Appraisal and reimbursement standards for traffic accident disability compensation
The coefficient of the disability level as the compensation standard, that is, the corresponding percentage coefficient from 1 to 10 is 100% to 10%, respectively, and the specific calculation method is as follows:
Level 1 disability is the per capita disposable income of urban residents or the per capita net income of rural residents multiplied by 20 years and then multiplied by 100% in the previous year, and the second-level disability multiplied by 90%, and so on, multiplied by 20% for grade 9 disability and 10% for grade 10 disability.
The various compensation items and calculation standards are as follows:
1) Medical expenses.
Medical expenses include the expenses paid by the parties for the injury and illness, such as examination fees, examination fees, surgery fees, medical expenses, hospitalization fees, cosmetic surgery fees and follow-up expenses.
2) Lost time pay.
Lost time pay is determined based on the lost time and income of the parties.
3) Nursing expenses.
The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
4) Transportation expenses.
It is calculated based on the actual expenses incurred by the parties and the necessary escorts for medical treatment or hospital transfer**, as well as the relatives of the deceased (no more than three persons) who participated in the handling of the fatal accident.
5) Accommodation fees.
The actual accommodation expenses incurred by the parties themselves and their escorts from other places to the city to deal with traffic accidents. (6) Hospitalization meal allowance shall be determined with reference to the standard of business trip meal allowance for general staff of state organs.
7) Nutrition expenses.
Nutrition expenses refer to the expenses incurred by the person concerned in purchasing nutritional products other than the daily diet in order to assist ** or make the body as soon as possible**. The nutrition fee shall be determined according to the degree of disability of the person concerned, with reference to the opinions of the hospital and the voucher of nutrition expenses.
8) Disability compensation.
Disability compensation is calculated for 20 years from the date of determination of disability according to the level of disability of the person concerned, in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the local government. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
9) Fees for assistive devices for the disabled.
The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices.
10) Funeral expenses.
According to the average monthly wage standard of employees in the previous year, it is calculated on the basis of six months' total.
11) Living expenses of dependents.
According to the degree of the dependent's inability to work, it is calculated according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year published by the local statistical bureau.
12) Death compensation.
According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated on the basis of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
To sum up, the evaluation standard of traffic accident disability is the key to protecting the rights and interests of the disabled. Understanding the relevant laws and regulations, actively cooperating with the disability appraisal process, preparing the corresponding evidence materials, and maintaining good communication and negotiation will help protect your legitimate rights and interests. If you are injured in a traffic accident, it is important to seek legal assistance in a timely manner and conduct a disability assessment in accordance with the law to ensure that your rights and interests are protected to the greatest extent. Beijing traffic accident lawyer