[Direct answer]After the determination of disability, the claimant can still claim nursing care fees. According to Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases", the nursing care for the victim after the determination of disability shall be determined according to the degree of nursing care dependency and combined with the situation of providing disability aids. The nursing care dependency is divided into complete, partial, and most nursing care dependency, corresponding to different compensation ratios; the nursing care period shall be determined comprehensively according to the age and health condition, and the maximum period shall not exceed 20 years. It is recommended to clarify the level of nursing care dependency through an appraisal and then claim the compensation. For more details, please refer to the relevant provisions.Personal injury and medical dispute services.

1. Problem background and typical scenarios

Many injured people are still unable to take care of themselves after being classified as disabled and require long-term care, so they wonder, "Can I still claim nursing care fees after receiving the disability compensation?" Typical cases include: paraplegia, severe craniocerebral injury, etc. that require lifelong care; when the nursing care period has not expired at the time of disability classification, it needs to be extended; and when nursing care has already occurred before disability classification and still requires reliance on nursing care after disability classification. Many people mistakenly believe that disability classification is a "one-time settlement", but in fact, disability compensation and nursing care fees after disability classification are different items, the latter of which is for ongoing nursing care dependency. For cases involving work-related injuries, it can be combined withLabor arbitration and work-related injury compensation servicesJudge them separately.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the degree of dependency: whether it is complete, partial, or no dependency at all, which directly determines the compensation ratio and requires professional appraisal. Secondly, the level of care and assistive devices: whether assistive devices for the disabled are provided and how they affect the amount of care. Thirdly, the time limit: a maximum of 20 years, which needs to be reasonably determined based on the victim's age and health condition. When handling similar cases in Beijing, the court tends to give more credence to the appraisal of care dependency, emphasizing that the appraisal institution must provide clear opinions. It is difficult to support general claims of long-term full-time care. For cases involving compensation payment, reference can be made to relevant precedents.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on the practical experience of handling personal injury cases at our firm, nursing care fees after disability determination are most often overlooked or lack sufficient evidence. Common misunderstandings include: parties only claiming short-term nursing care before disability determination, ignoring ongoing nursing care dependency; or claiming full-time long-term nursing care without a dependency assessment. Hengluo Lawyers typically recommend the following: applying for a nursing care dependency assessment at the same time as the disability assessment to clarify whether the victim is completely, largely, or partially dependent; then determining the level and duration of nursing care based on the availability of assistive devices to ensure that the claim matches the evidence. For elderly or unhealthy victims, it is more reasonable to extend the nursing care period. When multiple compensation items overlap, it is advisable to combine them for comprehensive consideration.Special services and other case servicesCoordination.

IV. Practical suggestions and legal basis

The core basis is Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021) (compensation for reasonable expenses for treatment and rehabilitation); and Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on April 24, 2022) (the nursing period shall be calculated until the victim recovers the ability to live independently; if the disability cannot be recovered, a reasonable period shall be determined according to the victim's age and health condition, with a maximum of 20 years; and the nursing level shall be determined according to the degree of nursing dependency and the situation of assistive devices). Practical suggestions: apply for a nursing dependency assessment; claim nursing fees at a corresponding proportion according to the dependency level; specify the configuration of assistive devices; and provide age and health evidence to resolve disputes over the nursing period. Where disability is involved, relevant evidence may be combined with other materials to support the claim.Personal injury and medical dispute servicesCoordinate and plan things in an organized and systematic way to achieve a specific goal or complete a task effectively and efficiently.

5. Henglu Law Firm's Advice

The determination of disability does not mean the end of nursing care fees. It is recommended to evaluate nursing dependency simultaneously during the disability appraisal stage, fix the expenses of continuous care in advance, and avoid the difficulty of providing evidence in litigation afterwards. At the same time, pay attention to the three-year statute of limitations, which starts from the date when you know or should know that your rights have been infringed and the identity of the obligated party. If the other party only acknowledges the disability compensation but refuses to pay the nursing care fees after the disability appraisal, you can entrust a lawyer to claim based on the nursing dependency appraisal. Welcome to visit our website for more information.The official website of Beijing Hengluo Law FirmUnderstand the thinking behind similar cases.

VI. Frequently Asked Questions

Q1: After the disability assessment, can I still claim for nursing care fees, and is there a chance of success?

Yes. Post-disability nursing care fees and disability compensation are different items. The former is for continuous care dependency. Whether it can be successful depends on the assessment of the degree of care dependency: complete, mostly, and partially dependent correspond to different compensation ratios. If there is a clear assessment certificate proving that care is still needed after the disability is determined, and the claim is made according to the dependency level and duration, it will usually be supported; if there is no assessment and only a statement of living difficulties, it will be more difficult to obtain compensation. Lawyers can help organize the evidence of care dependency in a comprehensive manner.

Q2: What evidence do I need to prepare to claim nursing care expenses after being determined as disabled?

The core materials include: the conclusion of the disability assessment; the opinion on the degree of care dependency (specifying complete, partial, or no dependency); the opinion on the configuration of assistive devices for the disabled; supporting evidence on the victim's age, health status, and ongoing care needs; and the receipts for the care provided before the disability determination. The evidence should be organized around the degree of dependency, the level of care, and a reasonable timeframe, and avoid relying solely on statements from family members.

Q3: After being determined as disabled, how much would it cost to pay for nursing care and hire a lawyer?

After the determination of disability, the nursing care expenses themselves are compensable items, and the amount is calculated based on the level of dependency and the duration, which may be quite substantial. Lawyer's fees are negotiated between the law firm and the client, and are typically charged on a contingency basis or as a percentage of the claim amount. The specific fees are subject to the terms of the retainer agreement, and there is no nationwide standard pricing. Third-party fees may arise in cases involving nursing dependency assessments. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether they include litigation fees and appraisal fees, and then evaluate the costs based on the scale of the claim.

Q4: How long does it usually take from the determination of disability to the adjudication of nursing care fees?

If the dependency on nursing care has been determined in the disability assessment, it can be handled together with the compensation; if the case enters litigation, it will be concluded within six months in the first-instance ordinary procedure and three months in the summary procedure. Applying for a nursing dependency assessment separately will extend the process by several weeks to months. Cases with a long nursing period will take longer to evaluate. It is recommended to apply for a disability assessment at the same time as applying for a dependency assessment to avoid delays caused by separate litigation. It often takes several months from preparation to determination.

Q5: I want to claim nursing care expenses after being determined as disabled. What should I do specifically in the first step?

It is recommended to proceed in four steps: First, apply for the assessment of the degree of nursing dependency at the same time as the disability assessment to determine the dependency level; Second, obtain the opinion on the configuration of assistive devices for the disabled to determine the nursing level; Third, organize materials related to age, health, and continuous care needs to reasonably determine the time limit (not exceeding 20 years); Fourth, claim according to the dependency ratio in the negotiation or litigation, and, if necessary, entrust a lawyer to coordinate the evidence and negotiations. The whole process should be based on the assessment results.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.