Can Shenyang Renhe injury identification center go by itself
(1) gang up to beat or injure others< (2) beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60< (3) repeatedly beating or injuring others, or beating or injuring more than one person at a time Article 16 of the tort liability law of the people's Republic of China, if a person infringes upon another person and causes personal injury, he shall compensate for the reasonable expenses such as medical expenses, nursing expenses and transportation expenses for treatment and rehabilitation, as well as the reced income e to his absence from work. If a person is disabled, he shall also compensate for the expenses for living AIDS and compensation for disability. If death is caused, the funeral expenses and death compensation shall also be compensated.
Disability identification can be done by themselves, as long as workers bring relevant medical records and relevant information to the local labor ability Identification Committee to do disability identification
forensic expertise refers to the activities in which appraisers use science and technology or expertise to identify and judge the specific issues involved in litigation and provide expert opinions. In other words, judicial expertise refers to a kind of activity in which the judicial organ or the party entrusts the legal appraisal unit to use professional knowledge and technology to identify and judge the special problems in the case according to the legal proceres in the process of litigation. In general, the disability appraisal is also a kind of judicial appraisal, which is carried out by the judicial appraisal institutions with corresponding qualifications, and there is no possibility of fraud
the judicial expertise institutions shall uniformly accept the judicial expertise entrustment of the case handling organs. If the other party raises an objection, it will lead to re identification, so it is better to carry out judicial identification through the entrustment of the case handling organ.
Generally speaking, disability appraisal institutions do not accept personal entrustment. If an indivial entrusts an assessment agency to conct a disability assessment and submits the assessment to the court, the court usually does not accept the disability assessment
if the employee is cured or the injury is relatively stable ring the work-related injury or medical treatment, or the medical treatment is still unable to work, the labor ability and the degree of disability should be evaluated, and the disability status should be reviewed regularly. Labor appraisal proceres are as follows:
1. Fill in the "labor appraisal application form" of the injured unit to apply for labor appraisal. Under special circumstances, employees can apply directly
Provide medical treatment, disability, medical treatment, original medical records, belong to instrial injury, investigation report and related information of instrial injury accident; Occupational disease, the diagnostic data provided by the occupational disease prevention and control organization (Organization) authorized by the health department; If it is a mental illness, it needs to be diagnosed by a mental hospital; In other cases, they must be convinced and sent to the labor appraisal committee The labor appraisal committee should carefully review the application materials and attachments, and should not accept incomplete or unclear information The time, place and personnel of evaluation should be informed in advance The labor appraisal committee should entrust qualified medical and health institutions or doctors with qualified personnel to form an expert group to diagnose the incapacity of the incapacitated personnel The expert group compiled qualitative and quantitative diagnosis opinions on the situation of the disabled and disabled workers, and the labor appraisal committee determined the degree of injury or disability and issued grade certificates. The labor evaluation committee shall inform the enterprise and the confirmed employees of the evaluation results in a timely manner If the employee is not satisfied with the conclusion of the labor appraisal committee, he can apply to the local labor appraisal committee office for review; If he is not satisfied with the review conclusion, he can apply to the superior labor appraisal committee for reevaluation. The final conclusion of the review and evaluation is completed by the provincial labor evaluation agency Workers who report work-related injuries e to work-related injuries or workers shall be dealt with in accordance with the relevant provisions of labor disputes; In case of any dispute with the labor administrative department or instrial injury insurance institution, it shall be handled in accordance with the relevant laws and regulations of administrative reconsideration and administrative litigation
extended data:
"identification of the degree of disability caused by instrial injury and occupational disease" (GB / t16180-1996) is the national standard for the identification of disability level
those who met the disability assessment criteria from grade 1 to grade 4 were all incapacitated; Most of them lost their ability to work; Grade 7 to grade 10 are partial incapacity
Grade1: organ loss or complete loss of function, other organs can not be replaced, special medical dependence, life completely or mostly unable to take care of themselves
Grade2: severe organ damage or deformation, severe dysfunction or complications, special medical dependence, or inability to care for most of life
Grade3: severely damaged or deformed organs, serious dysfunction or complications, special medical dependence or inability to take care of part of life
Grade4: severely damaged or deformed organs, severe dysfunction or complications, special medical dependence and self-care
Grade5: most of the organs are deficient or obviously deformed, have serious dysfunction or complications, have general medical dependence, and can take good care of themselves
Grade6: most organs have defects or obvious deformation, moderate dysfunction or complications, general medical dependence, and can take good care of themselves
Grade7: most organs lack or deform, have slight dysfunction or complications, have general medical dependence, and can take good care of themselves
Grade8: partial organ defect, morphological abnormality, mild dysfunction, medical dependence and self-care
Grade9: partial organ defect, abnormal morphology, mild dysfunction, no medical dependence and self-care
Grade10: partial organ defect, abnormal shape, no dysfunction, no medical dependence and self-care
Several Provisions on evidence in civil litigation
fs (2001) No. 33
Article 25 when a party applies for expert testimony, it shall do so within the time limit for adcing evidence. In case of compliance with the provisions of Article 27 of these Provisions, unless the party concerned applies for re appraisal
If a party who has the burden of proof for a matter that needs to be identified fails to apply for identification, or fails to pay the identification fee in advance, or refuses to provide relevant materials within the time limit specified by the people's court without justifiable reasons, resulting in the fact that the dispute in the case can not be confirmed by the conclusion of identification, he shall bear the legal consequences of the fact that the evidence can not be provided
Article 26 with the consent of the people's court, the two parties shall determine the appraisal institution and appraiser with appraisal qualification through negotiation. If the negotiation fails, the people's court shall appoint them.