Legal analysis:

The disability appraiser will ask about the injury of the client and the situation during the treatment. The traffic administrative department of the public security organ shall determine the time limit for the completion of inspection and appraisal with the appraisal institution, and the determined time limit shall not exceed thirty days. What materials are needed for disability identification: 1. Admission records; 2. Discharge record; 3. Summary of discharge; 4. Medical record book; 5. Certificate of disease diagnosis; 6. X-ray film, CT and diagnosis report at the initial stage of injury and after treatment; 7, traffic accident certificate; 8. Identity card or household registration book of traffic accident victims; 9, disability appraisal power of attorney (if the treatment has not yet ended or discharged from the hospital, because mediation needs to provide appraisal grade and do disability appraisal in advance, it should be explained in the disability appraisal power of attorney). There are the following types of medical malpractice appraisal:

(1) Technical appraisal of medical malpractice: According to the latest General Rules of Judicial Appraisal Procedure, the appraisal entrusted by the court to find out the facts of the case belongs to judicial appraisal. Therefore, we used to refer to the appraisal of medical fault and causality as judicial appraisal, but not the technical appraisal of medical malpractice as judicial appraisal. Now it seems that this understanding and title should be changed. The technical appraisal of medical accidents is entrusted to the medical association. At present, many areas, such as Shanghai and Jiangsu, have begun to implement the appraisal of medical associations in different places, with the aim of being more objective and fair and eliminating the disadvantages of mutual appraisal of acquaintances. (2) Identification of medical fault and causality (hereinafter referred to as medical fault identification): Medical fault identification has won a lot of praise in the current judicial practice, on the grounds that the appraisal institution belongs to the judicial administrative system instead of the head of the health administrative system; Medical fault identification only identifies whether there is a fault in medical behavior and whether there is a causal relationship with the damage consequences, but does not identify whether it constitutes a medical accident; The analysis opinions of medical fault identification documents are more detailed and the reasoning is more sufficient. (3) Disability appraisal: This appraisal is generally put forward by the patient, and the appraisal institution only appraises the damage consequences of the patient, without analyzing the causal relationship. The scope of appraisal is worthy of attention (related to medical disputes). (4) "Three-phase" identification: namely, the identification of nutrition, nursing and rest period.

Legal basis:

Regulations on Industrial Injury Insurance

Article 3 Employees who suffer from work-related accidents or occupational diseases are treated and enjoy medical treatment for industrial injuries. Workers who treat work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid. If the expenses required for the treatment of work-related injuries meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments. Food subsidies for workers hospitalized for work-related injuries, as well as certificates issued by medical institutions and reported to the agency for approval, the transportation and accommodation expenses required for workers injured to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area. Workers with work-related injuries who treat diseases caused by non-work-related injuries do not enjoy medical treatment for work-related injuries, and shall be treated according to the basic medical insurance measures. The expenses for work-related injury rehabilitation of injured workers to medical institutions that have signed service agreements shall be paid from the work-related injury insurance fund if they meet the requirements.

article 31 in case of administrative reconsideration or administrative litigation after the social insurance administrative department has made a decision that it is deemed as a work-related injury, the medical expenses for treating the work-related injury of employees will not be stopped during the administrative reconsideration and administrative litigation.

Derived question:

Is disability appraisal a judicial appraisal?

judicial expertise is not disability expertise, but disability expertise is judicial expertise. Judicial expertise is widely used in medical disputes, traffic accidents, criminal cases, paternity testing, calligraphy and painting identification and other fields. The rules, requirements and processes of each appraisal are different. Disability identification is a kind of judicial identification, which has the requirements and rules of judicial identification and its own unique rules. A person who meets one of the following conditions for judicial authentication business may apply for registration to engage in judicial authentication business: (1) having a senior professional title related to the judicial authentication business he applies for; (2) Having a professional qualification related to the judicial authentication business applied for or a bachelor's degree or above in a related major in an institution of higher learning, and having been engaged in relevant work for more than five years; (3) Having more than 1 years' experience in the related work of the judicial authentication business applied for, and having strong professional skills. Persons who have been criminally punished for intentional crimes or dereliction of duty, who have been dismissed from public office, and who have been revoked the registration of appraisers shall not engage in judicial expertise.