How do individuals go to the forensic Center for disability iden
Indivials can go to the local forensic center to apply for forensic disability identification
Article 11 of the general rules of judicial expertise procere the judicial expertise institutions shall accept the entrustment of judicial expertise uniformly Article 12 when accepting the entrustment, a judicial appraisal institution shall require the client to issue a power of attorney, provide the identity certificate of the client, and provide the appraisal materials needed for the entrusted appraisal. Where the principal entrusts another person to act as agent, it shall require a power of attorneythe identification materials referred to in this general rule include inspection materials and identification data. Test materials refer to biological test materials and non biological test materials related to identification matters; Identification data refer to the records related to identification items on various carriers
the power of attorney shall specify the name of the client, the name of the judicial appraisal institution to be entrusted, the items entrusted for appraisal, the purpose of the appraisal items and the appraisal requirements
if the entrusted appraisal item belongs to re appraisal, it shall be indicated in the power of attorney
Article 13 the client shall provide authentic, complete and sufficient appraisal materials to the judicial appraisal institution, and shall be responsible for the authenticity and legality of the appraisal materialsthe client shall not require or imply that the forensic appraisal institution and the forensic appraiser provide expert opinions according to their intention or specific purpose
Article 14 after receiving the entrustment, the judicial appraisal institution shall review the entrusted appraisal matters, and accept the appraisal entrustment that belongs to the business scope of judicial appraisal, the purpose of the entrusted appraisal matters and the appraisal requirements are legal, and the appraisal materials provided are true, complete and sufficientif the appraisal materials provided are incomplete or insufficient, the judicial appraisal institution may ask the client to supplement them; If the client has completed the supplement, it may accept it
data expansion:
work injury identification materials
(1) copies of labor and employment contracts or other supporting materials of labor relations (including factual labor relations) and personnel relations with the employer
(2) post injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis confirmation) issued by medical institutionsfor example: the following materials should be submitted when applying for identification of work-related injury in Shanghai:
(1) application form for identification of work-related injury
(2) the original and of the proof materials for the existence of labor relationship (including factual labor relationship) between the casualty and the employer
(3) including the original and of the initial medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate) (4) according to different injury situations, it is also necessary to provide:1. In case of accidental injury such as violence in performing work ties, the certification materials issued by the public security department or the people's court shall be submitted
2. For those who are injured or whose whereabouts are unknown e to work reasons ring the period of going out for work, the certification materials issued by the employer shall be submitted
3. In case of traffic accident or urban rail transit, passenger ferry or train accident, relevant legal documents issued by the traffic management, transportation, railway and other departments or judicial organs of the public security organ shall be submitted
4. For those who are injured in the activities of protecting national interests and public interests such as rescue and disaster relief, the certification materials issued by relevant departments shall be submitted
5. For those demobilized and transferred soldiers who are disabled e to work or war, the certificate of revolutionary disabled soldier and the diagnosis materials of recurrence of old injury from the designated hospital should be submitted
6. In case of entrusting others to apply, the identity certificate of the entrusted person shall be submitted at the same time
7, other special circumstances need to submit proof materials
source of reference: Network - disability identification
1
2. In litigation cases, when the parties bear the burden of proof, the judicial appraisal institution can also accept the entrustment of the parties. When the parties entrust judicial expertise, it is generally carried out through law firms
the judicial expert appointed by the judicial expert institution, or the judicial expert applied by the client and approved by the judicial expert institution, completes the entrusted matters< In two cases, supplementary appraisal can be carried out:
(1) new relevant appraisal materials are found
(2) the original appraisal items are omitted
in six cases, forensic institutions can accept entrustment to carry out re appraisal:
(1) Forensic institutions and forensic experts can carry out appraisal beyond the scope of forensic business or the category of practice
(2) the materials submitted are false or untrue
(3) improper standards, methods or instruments used in the original identification lead to unscientific and inaccurate conclusions
(4) there is a contradiction between the original conclusion and other evidence
(5) the original forensic expert should avoid but not
(6) the original forensic expert made a wrong conclusion because of his fault.
If a worker is injured by an instrial accident, he shall first apply to the Bureau of human resources and social security for identification of instrial injury, and his unit shall apply within 30 days after the accident. The trade union, injured workers or their close relatives shall apply for recognition within one year. To apply for work-related injury identification, the "application form for work-related injury identification" shall be filled in and the following documents shall be submitted: proof of labor relationship with the employer, medical diagnosis certificate, etc
Application process1. Application subject of work-related injury identification
1. The employer applies for work-related injury identification: when the employee is injured in an accident or is diagnosed and identified as an occupational disease according to the provisions of the occupational disease prevention and control law, the employer shall apply for work-related injury identification according to law, which is its legal obligation
(2) injured employees or their immediate family members or trade union organizations apply for work-related injury identification: when the employer fails to apply for work-related injury identification within the specified time limit, the injured employees or their immediate family members or trade union organizations can directly apply for work-related injury identification according to law. Accordingly, this kind of application must meet a prerequisite, that is, the employer does not apply for work-related injury identification within the prescribed time limit The injured employees or their immediate family members or trade union organizations can directly apply for the identification of work-related injury once they are injured in an accident or diagnosed and identified as an occupational disease according to the provisions of the occupational disease prevention and control law. On such occasions, the direct application for work-related injury identification is a civil right rather than an obligation for the injured employees or their immediate family members At the same time, trade union organizations are authorized by law to have the right to apply for work-related injury identification, so as to protect the legitimate rights and interests of injured employees (1) social insurance administrative department. To be specific, we should apply to the social insurance administrative department of the overall planning area for the identification of work-related injury (2) according to the territorial principle, the application for work-related injury identification should be submitted to the municipal social insurance administrative department with districts where the employer is located (1) time limit for employers to apply for instrial injury identification: 30 days, calculated from the date of accident injury or the date of being diagnosed and identified as occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the approval of the social insurance administrative department. As for what is "special circumstances" and what is "appropriate extension", the social insurance administrative department shall determine and decide at its discretionin the above period, if the employer has not applied for work-related injury identification, the injured employees or their immediate family members or trade union organizations can apply for work-related injury identification directly
(2) the time limit for the injured employees or their immediate family members or trade union organizations to apply for work-related injury identification: 1 year, counting from the date of the accident injury or the date of diagnosis and identification of occupational disease. This period is the exclusion period4. Submission of work-related injury identification materials
1. Fill in the application form for work-related injury identification uniformly formulated by the Ministry of human resources and social security
2. Copy of labor contract text or other effective certificates for establishing labor relations
3. Post injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate) issued by medical institutions
if the materials provided by the applicant are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected on the spot or in writing within 15 working days
(1) acceptance conditions:① application materials are complete
② it is under the jurisdiction of social insurance administrative department
③ the time limit for acceptance has not yet passed
④ the applicant is qualified
the above four conditions must be met at the same time, otherwise, the application will not be accepted
if the social insurance administrative department accepts the application, it shall inform the applicant in writing and explain the reasons
(2) rejection: the applicant shall be informed in writing and the reasons shall be explained6. Investigation and verification of evidence
1) the social insurance administrative department can investigate and verify the evidence provided according to the needs
2) the investigation and verification of the social insurance administrative department should be carried out jointly by more than two persons and show their official certificates
3) ring the investigation and verification, they should exercise their functions and powers in accordance with the law and perform the legal obligation of confidentiality
4) according to the needs of work, Entrust the social insurance administrative departments or relevant departments in other areas to conct investigation and verification
(5) burden of proof:1. In principle, it is applicable to the person who claims, who provides evidence. Otherwise, the employer shall bear the burden of proof if the employee or his immediate family members think it is a work-related injury and the employer does not think it is a work-related injury. If the employer refuses to adce evidence, the social insurance administrative department may make the conclusion of work-related injury identification according to the evidence provided by the injured employee
extended data
according to the newly revised regulations on instrial injury insurance implemented on January 1, 2011, instrial injury generally includes work-related injuries and occupational diseases, and the following circumstances should be recognized as instrial injury:
Article 14 of regulations on instrial injury insurance stipulates that employees have one of the following circumstances, It should be recognized as work-related injury:
(1) being injured by accident e to work ring working hours and in the workplace The prerequisite is that "working hours" and "workplace" are two conditions that must be met at the same time, and at the same time, it must be the injury, disability or death caused by "work reasons". Accident injury refers to personal injury, acute poisoning accident and other similar injuries of employees in the process of labor
(2) those who are engaged in preparatory or finishing work related to work in the workplace before and after working hours and are injured by accidents
["before and after working hours" refers to a period of time before or after the commencement of work in non working hours, such as working hours from 9:00 to 12:00 and then ending the day from 14:00 to 18:00, but employees arrive at their posts at 8:30 in advance or finish their finishing work at 18:30 after work, However, one point is particularly important. Its purpose must be to engage in preparatory or finishing work, such as preparing for starting the machine, or cleaning up the machines and tools related to the work after shutting down the machine
(3) being injured by violence and other accidents ring working hours and in the workplace e to the performance of work ties["working hours" and "workplace" must be available at the same time, and they must be performing their own ties. The injuries here are caused by "non work reasons" and "violence, accidents, etc." from the unit or the outside world. For example, someone deliberately retaliates against an employee when he / she performs his / her ties, directly attacks him / her, causing injury, disability or death to the employee, etc.]
(4) occupational diseases[it refers to the diseases caused by exposure to st, radioactive substances and other toxic and harmful substances in the occupational activities of workers in enterprises, institutions and indivial economic organizations
(5) ring the period of going out for work, he was injured e to work or his whereabouts were unknown e to accidents["period of going out for work" includes business trip e to work and temporary going out for business e to work, etc. at the same time, they must be performing their ties at the time of the accident, i.e. going out for work, being injured or missing at the time of the accident
(6) if an accident occurs on the way to and from work within a reasonable period of time by a reasonable route between the place of work and the residence of spouse, parents and children, it can also be recognized as work-related injury. Injured by a traffic accident for which he is not primarily responsible or by an urban rail transit, passenger ferry or train accident Judicial interpretation of the Supreme People's Court on the determination of instrial injury (implemented on September 1, 2014)["on the way to work" refers to the personal injury accidents that occur on the necessary time and the necessary road from the residence to the work area For those injured by motor vehicle accidents, the problem of illegal driving should be added. This kind of problem is mainly caused by driving two wheeled motorcycles. For those who drive illegally (driving without license) and reach the level of traffic accident, the work-related injury will not be recognized
(7) other circumstances that should be recognized as instrial injury according to laws and administrative regulationsthis is a legal provision. Due to the complexity and uncertainty of instrial accidents, it not only needs the normative mandatory provisions of special laws and administrative regulations, but also needs other laws and regulations to make corresponding adjustments. For other cases of instrial accidents stipulated by laws and administrative regulations, they should also be included in the scope of instrial injury regulated by this regulation
Article 15 of the regulations on instrial injury insurance stipulates that an employee who has one of the following circumstances shall be regarded as an instrial injury:(1) died of sudden illness or died of invalid rescue within 48 hours ring working hours and post
[the two conditions must be met at the same time: "working hours" and "working position"“ Sudden disease death "refers to: 1. Sudden diseases unrelated to work cause death. If the death is caused by work-related diseases, the work-related injury shall be recognized in accordance with Article 14 of the regulations on work related injury insurance. 2. A sudden disease that has nothing to do with work and does not lead to immediate death at work, but died within 48 hours after rescue, shall be deemed as work-related injury
(2) those who are injured in the activities of protecting national interests and public interests such as emergency rescue and disaster relief
(3) an employee who had previously served in the army and was disabled e to war or work has obtained a disabled soldier certificate, and the old injury recurred after arriving at the employing unit[for the protection of demobilized soldiers, soldiers are injured and disabled in the battle or in the performance of their ties. According to the "conditions for assessing the disability level of disabled revolutionary soldiers", the disabled veterans who have been assessed as disabled by relevant departments and obtained the disabled soldier certificate are regarded as work-related injuries if they relapse in the employing unit. This is mainly e to the fact that the revolutionary soldiers have paid a price for the interests of the country and have made such provisions in order to effectively protect the interests of the revolutionary soldiers
Article 16 of the regulations on instrial injury insurance stipulates that an employee who has one of the following circumstances shall not be recognized as an instrial injury or deemed as an instrial injury:(1) e to intentional crime
(2) death or injury caused by drunkenness (3) self mutilation or suicidereference materials: network work injury
reference materials: network work injury identification
1、 First of all, the selection of forensic identification institutions, because forensic identification has become market-oriented, should choose the qualified identification institutions in the people's court to do, to avoid the identification results not recognized by the court e to the qualification problems
Secondly, it is the problem of entrusted appraisal after the appraisal organization is selected. Because the appraisal organization generally does not accept the indivial entrustment, it can be entrusted by the traffic management department of the public security organ in the accident handling stage; If in the litigation stage of the people's court, the appraisal can be entrusted by the people's court; If a lawyer is entrusted to make compensation, it can also be entrusted by the law firm where the lawyer works; If both parties mediate, it can also be entrusted by the insurance company that underwrites the vehicle Third, the necessary information and proceres (Suzhou University forensic center as an example):1. The appraisee should bring the disability identification application with the official seal of the case handling unit and the signature of the case handler
2. Carry the diagnosis certificate, examination results, CT, X-ray and diagnosis report at the beginning of injury and at the end of treatment
3. Borrow and the operation medical records and examination records from the treatment hospital
4, when identifying the working ability of the dependants, they should also carry the identification card and registered residence certificate of the appraiser and the instructions of the relevant government departments. p> The identification should be based on the end of the treatment of the injury directly caused by the accident or the confirmed complication. If the treatment has not been ended and the basis of compensation needs to be provided e to mediation, it should be explained in the application
The appraisers need to accept the examination in person and pay the prescribed appraisal fee
extended data:
(1) types of disability appraisal
1. Forensic appraisal should be determined by the appraisal institution designated by the judicial organ
2. The identification of work-related injury and disability should be concted in the labor ability Identification Committee of the overall planning area (generally prefecture level city)
3. The identification of disability level in traffic accidents should be carried out in designated institutions
(2) the cost of disability identification is about 4000 yuan, which varies with the degree of disability and different places (3) about the compensation standard. That is, the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the people's court is located. However, if the victim has evidence to prove that the per capita disposable income of urban residents or the per capita net income of rural residents in his place of residence or habitual residence is higher than the standard of the place where the court is located2. Compensation period. 20 years from the date of disability determination. However, for those over 60 years old, each year of age increase will decrease by one year; Those over 75 years old shall be counted as 5 years
3. After taking the one-time compensation for disability compensation, if the victim's survival exceeds the fixed period of payment of the compensation, the person who has the right to compensation brings a suit to the court to demand the payment of disability compensation again, the court shall accept it
reference materials: Network - disability identification
After the injury is stable, you can apply for disability identification. Generally speaking, the disability appraisal can be issued between three months and half a year. It depends on the degree of injury. If the function is recovered, the time will be delayed; If the damage is serious and can not be recovered, the identification can be issued after three months
the level of labor disability can be divided into one to ten levels according to "identification of labor ability - Classification of disability caused by work injury and occupational disease". In order to evaluate the degree of injury, we must adhere to the principle of seeking truth from facts, and analyze the specific injury. The degree of injury includes the primary lesion at the time of injury, the complications directly related to the injury and the sequelae caused by the injury. In the process of identification, comprehensive analysis and evaluation should be made on the basis of the injury condition at that time and the consequence or outcome of the injury
employees who suffer from accidents or occupational diseases at work can enjoy the medical treatment for work-related injuries, and the original salary and welfare treatment will remain unchanged, which will be paid monthly by the unit they work for. Generally, the period of work stoppage and salary retention shall not exceed 12 months. If the injury is serious or special, it can be extended appropriately after being confirmed by the municipal labor ability appraisal committee of the community, but the extension shall not exceed 12 months
if the employee is identified as grade I to grade IV disability e to work-related disability, he / she shall retain the labor relationship, quit the post and enjoy the following benefits:
I. pay a one-time disability allowance, with the standard of 24 months' salary for grade I disability, 22 months' salary for grade II disability, 20 months' salary for grade III disability and 18 months' salary for grade IV disability
Second, the standard of paying disability allowance is: 90% of my salary for the first level disability, 85% of my salary for the second level disability, 80% of my salary for the third level disability and 75% of my salary for the fourth level disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the instrial injury insurance fund shall make up the difference Third, after reaching the retirement age and going through the retirement proceres, the disabled allowance will be stopped and the basic pension insurance will be enjoyed. If the basic pension benefits are lower than the disability allowance, the work-related injury insurance fund will make up the difference (1) if the identification of work-related injury has been made before the end of medical treatment, the application shall be made within 30 days after the end of medical treatment (2) if the identification of work-related injury is made after the end of medical treatment, an application shall be submitted within 30 days after the identification of work-related injury is made (3) the application for identification of old injury recurrence should be made after the occurrence of the disease and before the end of treatmentthose who apply for the grading and other identification of disability e to illness or non work should apply according to the relevant time limit
one year after the conclusion of labor ability appraisal is made, if the injured employee or his close relatives, his unit or social insurance agency thinks that the disability situation has changed, he can apply to the municipal labor ability appraisal committee for reexamination and appraisal of labor ability
if the appraisee or his close relatives apply, the appraisee should have completed the shortest period of work-related injury medical treatment and his condition is relatively stable
if the employer applies alone, the identified person should have completed the longest period of work-related injury medical treatment and the condition is relatively stable
Disability identification can be applied to the local judicial identification center. You can apply for judicial expertise by yourself
Article 11 of the general rules of judicial expertise procere the judicial expertise institutions shall accept the entrustment of judicial expertise uniformly Article 12 when accepting the entrustment, a judicial appraisal institution shall require the client to issue a power of attorney, provide the identity certificate of the client, and provide the appraisal materials needed for the entrusted appraisal. Where the principal entrusts another person to act as agent, it shall require a power of attorneythe identification materials referred to in this general rule include inspection materials and identification data. Test materials refer to biological test materials and non biological test materials related to identification matters; Identification data refer to the records related to identification items on various carriers
the power of attorney shall specify the name of the client, the name of the judicial appraisal institution to be entrusted, the items entrusted for appraisal, the purpose of the appraisal items and the appraisal requirements
if the entrusted appraisal item belongs to re appraisal, it shall be indicated in the power of attorney
Article 13 the client shall provide authentic, complete and sufficient appraisal materials to the judicial appraisal institution, and shall be responsible for the authenticity and legality of the appraisal materialsthe client shall not require or imply that the forensic appraisal institution and the forensic appraiser provide expert opinions according to their intention or specific purpose
Article 14 after receiving the entrustment, the judicial appraisal institution shall review the entrusted appraisal matters, and accept the appraisal entrustment that belongs to the business scope of judicial appraisal, the purpose of the entrusted appraisal matters and the appraisal requirements are legal, and the appraisal materials provided are true, complete and sufficientif the appraisal materials provided are incomplete or insufficient, the judicial appraisal institution may ask the client to supplement them; If the client has completed the supplement, it may accept it
extended data:
materials required for disability identification:
(1) copies of labor and employment contracts or other supporting materials for labor relations (including factual labor relations) and personnel relations with the employing unit
(2) post injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis confirmation) issued by medical institutionsfor example: the following materials should be submitted when applying for work-related injury identification in Shanghai:
(1) application form for work-related injury identification
(2) the original and of the proof materials for the existence of labor relations (including factual labor relations) between the casualty and the employer (3) including the original and of the initial medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate) (4) according to different injury situations, it is also necessary to provide:(1) for those who are injured by violence or other accidents while performing their ties, the certification materials issued by the public security department or the people's court shall be submitted
(2) in case of injury e to work or unknown whereabouts e to accidents ring the period of going out for work, the certificate of going out for work issued by the employer shall be submitted
(3) in case of traffic accident or urban rail transit, passenger ferry or train accident, relevant legal documents issued by the traffic management, transportation, railway and other departments or judicial organs of the public security organ shall be submitted
(4) for those who are injured in the activities of protecting national interests and public interests such as emergency rescue and disaster relief, the certification materials issued by relevant departments shall be submitted
(5) for the demobilized demobilized soldiers who were disabled e to work or war, their old injuries recurred, the revolutionary disabled soldier certificate and the diagnosis materials of old injuries recurred from the designated hospital should be submitted
(6) in case of entrusting others to apply, the identity certificate of the entrusted person shall be submitted at the same time
(7) other supporting materials to be submitted under special circumstances
The application form should include the time, place, cause of the accident and the degree of injury of the employeesif the materials provided by the applicant are incomplete, the administrative department of human resources and social security shall inform the applicant in writing of all the materials that need to be supplemented and corrected at one time. The administrative department of human resources and social security shall accept the application after the applicant has supplemented and corrected the materials in accordance with the requirements of written notification