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Standard On The Degree Of Loss Of Working Ability

2009/1/13 13:59:00 41964

The degree of loss is one of the important items that are often identified in forensic identification. Since there is no uniform evaluation standard in China, there are usually different kinds of evidence in practice.

Dichotomy.

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Labor capacity

The degree of loss is divided into total labor loss and partial labor loss.

The three score method.

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Labor capacity

The degree of loss is divided into three cases: complete loss, most loss and partial loss. This method is commonly seen in the identification of disability and occupational disability.

The four score method.

The four point method is the comprehensive consideration of labor capacity.

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On the basis of the need for medical and nursing dependence, the degree of labour capacity and loss is assessed as total loss, loss of majority, partial loss and partial loss.

The five score method.

Compared with the four point method, the five point method is more than a loss of the ability to work, that is, though it constitutes the consequences of ordinary injuries without disability, or has the consequences of disability, there is no loss of working ability.

Percentage valuation method.

The basis of the method is based on the average loss degree obtained from various damage consequences over the years, and the percentage of the loss of labor capacity is expressed by percentage. That is, after the identified part of the lost part, the appraiser should point out the percentage of the loss of his ability to work, and point out that the total loss of labour force is 100, indicating the percentage of the loss.

The intermediate court of Jiamusi, Heilongjiang province also used this method to formulate the assessment standard of the end time of medical injury and the degree of loss of working ability.

Thus,

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Loss of working ability

There are many problems in the assessment.

One is the different standards adopted by different identification subjects, which lead to different or even conflicting conclusions of the same injury, which affects the fairness of judicial expertise as evidence.

The two is the outline of the assessment standard of the degree of loss of labor ability, which is a convenient way for some investigators, appraisers to handle cases of human rights and cases.

Three, in the judicial practice, the assessment standard of the degree of loss of labor capacity is large and wide, and the appraisers are not easy to operate in detail, which affects the realization of the legislative purpose to maximize the protection of the legitimate rights and interests of victims.

The four is the lack of scientific definition of the assessment standard of the degree of loss of labor ability, which is not conducive to the judge's hearing in the trial practice, and even the mediation can be carried out in a rational way.

Therefore, the author suggests that we should formulate a unified national standard for assessing the degree of loss of personal injury.

In my opinion, in many assessment criteria of labor disability, the percentage assessment method is a relatively scientific method.

This method directly quantifies the degree of loss of all kinds of injuries, and is more specific and scientific. It is also easy to operate in practice.

Editor: vivi