A disability assessment waits until treatment has ended, or until the clinical result is stable
UpdatedGrade ABig benefitMoneyLow costSome timeSome willpower
How much is paid depends mainly on which grade is given, and the grade depends on how much function is still lost after treatment. The standard says the assessment is done after treatment has ended, or after the clinical result is stable. Going for a rating before the bone has healed does not meet that requirement. An ordinary fracture that has healed and does not affect function generally does not get a grade.
- Cost
- The assessment fee runs from a few hundred yuan to 2000 yuan. The side that applies usually advances it. You wait until treatment has ended, or until the clinical result is stable. How long that takes depends on the injury. The doctor decides. The hard part is wanting the rating fixed before the injury has properly healed, and holding that back.
- Benefit
- The assessment principle in the Classification of the Degree of Disability Caused by Human Injury is that it "shall take the outcome or the end result of treatment of the injury as the basis, and shall objectively rate the loss of tissue or organ and/or the degree of functional impairment." The standard says the timing "shall be after treatment of the primary injury, and of complications that are truly linked to it, has ended, or after the clinical result is stable." The standard "divides the degree of disability caused by human injury into 10 grades, from the first grade (a human disability rate of 100%) to the tenth grade (a human disability rate of 10%), with each grade 10% apart in disability rate." The basis of judgment is "destruction of the structure of human tissues and organs, functional impairment, and how far the person depends on medical care and nursing, with due regard to the effect of the disability on social contact and on psychological factors." Clauses in the tenth grade that relate to fractures include the following. The first is "a compression fracture of a single vertebral body (compression reaching 1/3) or a comminuted fracture." The second is "fractures, or a comminuted fracture, at more than a single site on the pelvis, healed with deformity." The third is "loss of 25% or more of function in any large joint of the limbs (excluding the ankle)." Disability of the same site and the same nature must not be counted twice. Where there is disability at more than a single site, each grade should be written separately (nationwide, in force from January (1) 1, 2017).
- Notes
- The rating systems do not substitute for each other. Do not mix them up. For an assault, a traffic accident, or other personal injury, the judicial assessment uses the Classification of the Degree of Disability Caused by Human Injury, and it is used to calculate disability compensation (see Section 9). A work injury goes through a work-capacity assessment, which uses another set of disability grades and governs work-injury benefits (see Section 19). To receive the policy benefits for disabled people, you apply separately for a disability certificate (see item 10, the disability certificate). Before the assessment, have the records, the operative notes, and the follow-up images ready (see item 5, keep your own copy of the records and images). The standard does not say whether an early assessment comes out low or high. That is inferred from the principle "take the outcome or the end result of treatment of the injury as the basis." An early assessment rates how things look then. Function that has not yet recovered may later get better, or it may get worse. When this injury is mixed with an old problem that was already there, the opinion also has to say how large a share of the disability result this injury accounts for. That line directly affects how much is paid.
Sources · 1
- 最高人民法院、最高人民检察院、公安部、国家安全部、司法部 (2016). 关于发布《人体损伤致残程度分级》的公告(2016 年 4 月 18 日发布,2017 年 1 月 1 日施行),标准第 4.1、4.2、4.3、4.4、4.5、5.10.6、6.2 条. moj.gov.cn/pub/sfbgw/zwxxgk/fdzdgknr/fdzdgknr…