How can the court be sure without a disability appraisal?

Without disability appraisal, the court cannot determine the level of disability. The disability appraisal standards implemented in People's Republic of China (PRC) mainly include: minor injury appraisal standard, serious injury appraisal standard, disability evaluation of injured people in road traffic accidents, classification standard of medical accidents (for trial implementation), appraisal of disability degree of industrial injuries and occupational diseases, etc. I. Application Process of Personal Disability Appraisal

1, submit a copy of work-related injury confirmation issued by the work-related injury identification institution or a power of attorney for work-related injury identification;

2. Fill in the Appraisal Form of Workers' Loss of Labor Ability due to Work Injury, with one-inch photos and the official seal of the employer;

3. Submit a copy of the Clinical Physical Examination and Diagnosis of Workers with Work-related Injury, which is filled out by doctors in designated hospitals, and affix the official seal of the hospital with various inspection reports of the hospital;

4. Copies of all medical records, physical examination reports, diagnosis certificates and other materials of the employees' work-related injuries and their ID cards;

5. Patients with occupational diseases should provide the occupational disease diagnosis conclusion issued by the occupational disease diagnosis team of the Municipal Center for Disease Control and Prevention;

6, physical disability, burns and other surface disabilities, should be submitted to the disabled part of the four-inch color photos;

7. The original and photocopy of the valid identity certificate such as the resident ID card or social security card of the injured worker;

8, other materials stipulated by the labor ability appraisal committee.

Second, the legal basis for personal disability appraisal

Article 21 of the Regulations on Industrial Injury Insurance

Workers who are disabled due to work-related injuries and whose ability to work is affected after treatment shall be appraised.

Article 8 of the Measures for the Administration of Labor Ability Appraisal of Workers with Work Injury

To apply for labor ability appraisal, an application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1, the original and photocopy of the work-related injury determination decision;

2. A valid diagnosis certificate, a copy in line with the relevant provisions of medical record management or complete medical records such as re-inspection and inspection reports;

3. The original and photocopy of the valid identity certificate such as the resident ID card or social security card of the injured worker;

4, other materials stipulated by the labor ability appraisal committee.

Three, personal disability identification matters needing attention

1. Generally speaking, disability appraisal is not allowed to be entrusted by itself, and appraisal institutions also accept the entrustment of individuals. A better way is for the parties to file a civil lawsuit first, and the person or the entrusted agent will apply to the court for disability appraisal.

2. The court will notify the litigants after the parties file an application. Under normal circumstances, the court will negotiate with the parties, and the parties will work together to select an appraisal institution from the appraisal units recognized by the court for disability appraisal.

3. After the appraisal institution is determined by drawing lots, the court will issue a power of attorney for disability appraisal to the entrusted appraisal institution. Upon receipt, the appraisal institution will contact the applicant and inform them of the fees to be paid and the materials to be provided (ID card, medical records, video materials, etc.). ), and negotiate to determine the identification location.

4. In general, the appraisal needs to be carried out by an appraisal institution. Under special circumstances, if the appraiser is inconvenient to move, it can be determined through consultation in the hospital ward or other places. But in other places, if the appraisers need to go, the applicant needs to pay the corresponding visit fee and transportation fee.

5. During the evaluation, all parties may request to attend or not to attend.

6. Appraisal fees (including possible visit fees and transportation fees) are generally paid in advance by the applicant, and are included in the legal fees when the judgment is made, and shall be borne by all parties according to the winning or losing ratio.

7. The appraisal of the project requires the applicant to put forward it in advance. If the applicant does not propose a project, the appraisal institution will generally not appraise it.