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Where should post traffic accident disability identification be done?

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Where should post traffic accident disability identification be done?


        

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  • 2024-07-01 14:00:55

    The second paragraph of Article 49 of the Provisions on Traffic Accident Handling Procedures stipulates that if a party is disabled due to a traffic accident, after the end of treatment, a qualified disability appraisal institution shall assess the level of disability. Therefore, the disability appraisal should wait until the end of treatment, usually three months after discharge, but if the injury has stabilized, the disability grade can be assessed to a qualified disability appraisal institution in advance according to the recommendations of the medical institution. If there is a fixed object (such as a steel nail installed in fracture treatment), the disability assessment can be conducted only after the fixed object is taken out.
    In traffic accident cases, many parties are often uncertain about the time of disability assessment, resulting in some disability identification conclusions that cannot be supported by the court in litigation. The disability compensation is a legal compensation item for the traffic accident victims who still leave injuries after the existing medical means and medical level treatment, which affect their work and life.
    If a person is disabled due to a traffic accident, the level of disability shall be assessed by a qualified disability appraisal institution after the treatment is completed. Generally, the identification should be carried out at the end of treatment and after discharge. If there is internal fixation, the disability identification must be carried out after the internal fixation is taken out and recovered.
    If the identification is carried out before the end of treatment, the treatment has not been completed at this time. It is still impossible to judge whether the victim will leave a certain impact on the injury after the end of treatment, and whether it is intact as before. The evaluation made based on the injury of the victim at this time is not objective, and cannot reflect and reflect the situation after the end of treatment.
    The disability appraisal institution can be entrusted by a law firm, or by the traffic management department of the public security organ, or by the parties themselves. However, before entrustment, it is necessary to know whether the appraisal institution has the corresponding appraisal qualification, or its appraisal conclusion may not be adopted by the court.

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