[Direct answer]In the Beijing area, the degree of nursing dependency refers to the extent to which the victim is unable to take care of themselves due to disability and requires long-term care from others, which is the key to determining long-term nursing fees. According to the "Classification of Disability Caused by Human Body Injuries" (implemented on January 1, 2017) and the national standard "Assessment of Nursing Dependency in Personal Injuries" (GB/T 31147-2014), it is divided into three levels: complete, most, and partial, with compensation coefficients of 100%, 80%, and 50% respectively. The appraisal must be conducted by qualified institutions based on medical records and physical examinations, and the maximum nursing period is 20 years. It is recommended to entrust an appraisal as soon as the injury condition stabilizes to lock in the compensation. For more details, please refer to the following link:Personal injury and medical dispute services.

1. Problem background and typical scenarios

The assessment of nursing dependency is commonly seen in cases of severe disability, vegetative state, high-level paraplegia, and craniocerebral injury. Typical scenarios include: traffic accidents or medical damages causing victims to be bedridden for a long time, with families claiming long-term nursing fees but being denied by insurance companies due to the lack of an assessment; workers' compensation claimants needing to distinguish the level of nursing dependency; and although a disability rating has been determined, the nursing period and dependency level are not clear, resulting in a significant disparity in compensation. Many parties mistakenly believe that having a disability rating entitles them to nursing fees, but in reality, an independent assessment of nursing dependency is still required. For cases involving work-related injuries, it is recommended to combine the assessment of nursing dependency with other assessments to determine the appropriate compensation amount.Labor arbitration and work-related injury compensation servicesMake a judgment together.

II. Key points of contention

The controversy focuses on three points. Firstly, the timing of the appraisal: if the injury is not stable when the appraisal is conducted, the conclusion is easily refuted. It is generally recommended to apply for an appraisal after the treatment is completed and the condition is stable. Secondly, the grading determination: the division of complete, partial, and dependent depends on the ability to perform daily activities such as eating, turning over, using the toilet, dressing, and moving. Both parties often have disputes over the scores. Thirdly, the nursing period and coefficient: whether to set the maximum period at 20 years and use a coefficient of 80% or 50% directly determines the amount of compensation. When handling similar cases in Beijing, the qualifications and evaluation standards of appraisal institutions are strictly controlled, and the conclusions of unqualified institutions are often not accepted. For subsequent compensation enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of handling personal injury cases in our firm, the most common problems with nursing dependency appraisals are starting too late and insufficient supporting materials. Hengluo Lawyers usually advise clients to apply for nursing dependency appraisals simultaneously with disability rating assessments to avoid difficulties in claiming long-term care due to recovery from illness in the future. In practice, courts generally accept the conclusions made by institutions with judicial appraisal qualifications in accordance with the "Assessment of Nursing Dependency in Personal Injury Cases", and calculate compensation based on the average wage of workers in the service industry in the locality where the court is located in the previous year, multiplied by the nursing dependency coefficient and nursing duration. Common pitfalls include: using housekeeping invoices to replace professional appraisal conclusions, claiming partial nursing care as complete nursing care, and ignoring the maximum limit of 20 years. It is recommended to confirm the appraisal items and evidence lists with lawyers before litigation. For cases involving multiple types of compensation items, comprehensive coordination can be carried out in combination with other legal services.Special services and other case servicesEvaluation.

IV. Practical suggestions and legal basis

The core basis is the "Classification of Disability Caused by Human Body Injury" (implemented on January 1, 2017) and the "Assessment of Care Dependence in Personal Injury Cases" (GB/T 31147-2014); as well as Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" (amended on April 24, 2022), which stipulates that nursing fees shall be calculated according to the income of the nursing staff or the local nursing standards, and the nursing period shall be calculated until the victim recovers the ability to take care of himself, with a maximum duration of not more than 20 years. Practical suggestions: After the treatment is completed, entrust a qualified judicial appraisal institution to assess the level of care dependence; prepare medical records, discharge summaries, nursing records, and imaging examinations; when there are disputes over the nursing period and coefficients, apply to the court for clarification; and use the appraisal conclusion and the disability level together as the basis for compensation. For the calculation of compensation items, it can be combined withCreditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

The assessment of nursing dependency does not mean that the more severe the condition is, the higher the compensation will be. Instead, it relies on standardized assessments of ten daily living abilities and credible forensic appraisal conclusions. It is recommended to initiate the assessment as soon as possible after the injury stabilizes, to avoid missing the evidentiary window for claiming nursing dependency beyond the nursing period; for some nursing dependencies, do not insist on full-time care, as this may lead to a lower assessment conclusion. At the same time, pay attention to the separate calculation of nursing fees and disability compensation and loss of income compensation, which cannot be overlapped. If the insurer or the other party raises objections to the appraisal, you can entrust a lawyer to apply for a re-appraisal or attend the court hearing to cross-examine the appraiser. For those who need to coordinate personal injury compensation items, they can seek assistance from professional institutions or lawyers.Special services and other case services.

VI. Frequently Asked Questions

Q1: Can the results of the nursing dependency assessment help me secure higher compensation?

The level of care dependency directly determines the long-term care fee coefficient, with complete, partial, and most dependency corresponding to 100%, 80%, and 50% respectively, which significantly affects the amount of compensation over a 20-year care period. However, the appraisal is a scientific evaluation rather than a result-driven process, and the conclusion depends on your actual daily functional capacity. With a standardized appraisal conclusion, the long-term care fees you claim are more likely to be supported by the court; without a conclusion, they are often determined according to short-term or lower standards. Lawyers can help you grasp the timing of the appraisal, choose the right institution, and cross-examine the other party's objections, but they cannot influence the level of dependency itself.

Q2: To obtain a care dependency assessment, what materials and evidence do I need to prepare?

The core materials include: complete medical records, discharge summaries, and surgical records; imaging and rehabilitation assessment materials; nursing records, bills for domestic services or caregivers; a description of the family's care situation; and a physical examination after the injury has stabilized. The appraisal institution scores ten daily activities such as eating, turning over, using the toilet, dressing, and moving according to the "Assessment of the Degree of Nursing Dependence in Personal Injury Cases". The more complete the materials are, the more reliable the assessment of the care level will be. It is recommended to review the materials with a lawyer before litigation to avoid missing key rehabilitation records.

Q3: How much does it cost to get a nursing dependency assessment?

The appraisal fees are charged by qualified judicial appraisal institutions according to local charging standards. The assessment of nursing dependency in personal injury cases is usually priced at around 1,000 yuan, with the specific amount subject to the institution's public announcement. The party claiming compensation may advance the payment first, and the fees will ultimately be shared according to the proportion of fault. Lawyer's fees are calculated separately according to the contract, with no nationwide standard pricing. It is recommended to first inquire about the fee details from the law firm and then judge whether the appraisal is worthwhile based on the scale of nursing fees that can be claimed, to avoid a mismatch between the small appraisal fees and the large compensation amounts.

Q4: How long does it usually take from applying for a nursing dependency assessment to receiving the conclusion?

The appraisal itself usually takes several weeks. First, the claimant hires a qualified institution, which arranges physical examinations and competency assessments. It typically takes 15 to 30 working days to issue an opinion letter, and the process may be even longer for complex injuries. If the other party requests a reappraisal, the timeframe will be further extended. Disputes over the length of nursing care may also arise during the litigation process. Overall, the process from application to conclusion often takes one to two months. It is recommended to initiate the appraisal as soon as possible after the injury stabilizes, to avoid delaying the pace of evidence collection and court hearings.

Q5: I want to apply for a nursing dependency assessment and clarify the nursing care fees. What should I do first?

Here is the translation of the Chinese text into English, with a detailed explanation: Suggested four steps: First, after the treatment ends and the patient's condition stabilizes, collect medical records, nursing care records, and imaging data. Second, select an institution with forensic appraisal qualifications that can evaluate the level of nursing care dependency. If necessary, seek recommendations from lawyers and verify the institution's qualifications. Third, prepare supporting evidence based on the ten-item Activities of Daily Living (ADL) scale and cooperate with the physical examination. Fourth, submit the appraisal conclusion and disability rating together, and calculate the nursing care fee as the local average annual salary in the service industry multiplied by the dependency coefficient and the nursing care duration (up to 20 years). Throughout the process, keep all receipts and documents. If there are any disputes, hire a lawyer to cross-examine the evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials to avoid missing the statutory time limit. →Personal injury legal services·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.