[Direct answer]The injury appraisal solves the problem of "injury severity", and assesses minor injuries, light injuries, and serious injuries according to the "Standards for Assessing the Severity of Human Injuries", mainly serving criminal case filing and accountability; the disability appraisal solves the problem of "disability grade", and assesses disabilities from level I to level X according to the "Classification Standards for Disability Caused by Human Injuries", mainly serving the calculation of civil compensation. The two are different in appraisal standards, appraisal timing, initiation procedures, and applications. Claims for disability compensation are usually based on the disability grade. Beijing Henglue Law FirmPersonal Injury TeamIt can assist the parties in choosing the correct appraisal path. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Problem background and typical scenarios

The assessment of injuries and the assessment of disability are often confused by litigants, but they actually belong to two completely different fields. In criminal cases such as fights and intentional injuries, investigative organs need to determine the degree of injury through the assessment of injuries, and the assessment opinion directly determines whether a crime has been committed and how to prosecute it. In civil compensation scenarios such as traffic accidents, work-related accidents, medical harm, and personal infringements, victims need to claim disability compensation and disability assistive device expenses, which requires determining the disability level through the assessment of disability. In practice, there are common misunderstandings: victims only conduct an assessment of injuries and then directly claim compensation, but cannot calculate the disability compensation due to the lack of a basis for the disability level; or they hastily commission a disability assessment when the injury has not yet stabilized, only to have the conclusion questioned by the other party and be forced to conduct a re-assessment, prolonging the period of rights protection. For the same injury in cross-jurisdictional criminal and civil cases, it is often necessary to complete two types of assessments successively, each serving different purposes.

II. Key points of contention

  • Dispute over the application of appraisal standards: The same injury may be rated as a minor injury of level II according to the "Appraisal Standards for Human Body Injuries", but it may constitute a disability of level X according to the "Classification of Disability Caused by Human Body Injuries". Different standards lead to different conclusions. Choosing the wrong standard will directly affect the effectiveness of accountability or claims for compensation.
  • The debate over the timing of appraisals: It is advisable to conduct injury appraisals promptly after the injury occurs, while disability appraisals should be based on the completion of treatment and the stabilization of the injury condition. Premature appraisals may be overturned due to the uncertainty of functional impairments, while delayed appraisals may affect the pace of rights protection and the review of evidence materials.
  • The dispute over re-appraisal and acceptance of evidence: The opposing party often applies for re-appraisal due to procedural flaws or qualification issues. The appraisal opinions commissioned by one party are more likely to be challenged in litigation. Therefore, it is crucial to ensure that the appraisal opinions can withstand cross-examination.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers found that the core differences between personal injury cases and cases involving the intersection of criminal and civil law can be grasped from four dimensions: Firstly, the legal purposes are different. The injury appraisal serves the criminal prosecution and public security punishment, while the disability appraisal serves the civil compensation and calculation of benefits; Secondly, the evaluation standards are different. The former classifies injuries according to their severity, while the latter classifies disabilities according to the loss of organ function and the degree of medical dependency; Thirdly, the initiating parties are different. The injury appraisal is often commissioned by public security organs, while the disability appraisal is often commissioned by the parties themselves or applied for by the court to determine the appraisal institution through a random draw; Fourthly, the conclusions are expressed differently. Light and serious injuries determine the criminal prosecution direction, while the disability grade determines the compensation coefficient. In criminal cases, if the appraisal results in a second-degree light injury or above, it may involve the prosecution of intentional injury, and the parties need to pay attention to it simultaneouslyCriminal defenseThe procedure; in civil cases, each increase in the disability level results in a corresponding change in the calculation base for disability compensation, which directly affects the total amount of compensation. The value of a lawyer's involvement lies in reviewing the qualifications of appraisal institutions and appraisers, the authenticity and completeness of the appraisal materials, and whether the appraisal timing is appropriate. When necessary, they assist in applying for supplementary appraisals or reappraisals, and organize cross-examinations around the appraisal opinions to avoid "replacing judicial review with appraisal".

IV. Practical suggestions and legal basis

Program-based aspects: According to Article 146 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when it is necessary to resolve certain specialized issues in a case to clarify the circumstances of the case, experts with specialized knowledge should be appointed or hired to conduct appraisals; according to Article 148, the appraisal opinions used as evidence shall be informed to the suspects and victims, and those who apply for it may request supplementary appraisals or re-appraisals. Standard-based aspects: The "Standards for Evaluating the Degree of Human Injury" have been implemented since January 1, 2014, and are applicable to the evaluation of the degree of human injury in criminal cases; the "Classification of Disability Caused by Human Injury" has been implemented since January 1, 2017, and is applicable to the evaluation of the degree of disability in civil cases such as traffic accidents and personal injury, while the disability grade of workers' industrial injuries shall be evaluated according to the standards for assessing labor capacity. Forensic appraisal activities must also comply with the "Decision of the Standing Committee of the National People's Congress on the Management of Forensic Appraisal" (implemented on October 1, 2005). Practical suggestions: Report the injury to the police and seek medical treatment immediately after the injury; keep the medical records, imaging materials, and diagnosis certificates intact; initiate the disability appraisal after the injury condition stabilizes or the treatment ends; before commissioning an appraisal, first evaluate the qualifications and timing of the appraisal agency by a lawyer; if there are objections to the appraisal opinions, present opinions on the evidence, methods, and standards item by item during the cross-examination.

5. Henglu Law Firm's Reminder

Reminder to the parties involved: the appraisal of injuries and the appraisal of disability cannot replace each other. To determine whether the perpetrator will be held criminally responsible, we first refer to the appraisal of injuries; to determine how much compensation the victim can receive, we then refer to the appraisal of disability. For cases involving intentional injury prosecution, you can refer to the relevant provisions of the Criminal Law of the People's Republic of China.Criminal defense servicesFor those who have been disabled due to work-related injuries, their disabilities will be assessed separately according to the Labor Capacity Appraisal Standards. You can consult for more information.Work-related injury compensation lawyerIf you encounter appraisal disputes or difficulties in calculating compensation, it is recommended that you bring your medical records and accident-related materials to consult a professional lawyer as soon as possible, so as to resolve the disputes through legal means.Personal injury legal servicesTo obtain case analysis, you can also follow us on WeChat.Beijing Henglu Law FirmOfficial website column.

Q1: If the injury assessment results in a minor injury, will the person be sent to prison?

If the injury assessment reaches the level of minor injury or above, the perpetrator may be suspected of intentional injury and be investigated and prosecuted according to law, and may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control; the sentencing for serious injury is even more severe. However, it doesn't mean that being sentenced to minor injury necessarily means going to prison. If the perpetrator truthfully confesses, admits guilt and accepts the punishment, actively compensates the victim and obtains the victim's forgiveness, he/she may be given a lenient treatment according to law, and if he/she meets the conditions, he/she may strive for probation or even non-prosecution. For the victim, the injury assessment is not only the basis for criminal accountability, but also important evidence for criminal incidental civil litigation or separate civil claims. Therefore, the victim should promptly request the public security organ to commission an assessment and keep the conclusion to lay a good foundation for subsequent rights protection.

Q2: When is the most appropriate time to conduct a disability assessment?

The disability assessment should be based on the premise that the treatment has ended and the injury condition is relatively stable. The appropriate timing for different injuries varies: generally, for limb fractures, it is recommended to conduct the assessment about three to six months after treatment; for injuries involving the brain and cranial cavity or neurological dysfunction, it is advisable to wait more than six months after the injury; and for special circumstances such as vegetative state and epilepsy, it is necessary to observe for a sufficient period of time. If the assessment is conducted too early, the functional disorders may not have stabilized, and the conclusion may be easily overturned by the other party's application; if it is conducted too late, it may miss the opportunity for claim settlement. It is recommended that after the attending physician assesses that the injury condition is stable, the timing should be determined in consultation with a lawyer or an appraisal institution, and the complete medical records and imaging materials should be prepared simultaneously to ensure that the appraisal opinion can withstand review.

Q3: Can there be double compensation for traffic accident-related disabilities and work-related injuries?

If an employee is involved in a traffic accident during their commute and is not primarily responsible for the accident, it may constitute a work-related injury, which could lead to overlapping compensation claims from traffic accident tort liability and work-related injury insurance benefits. In practice, exclusive items such as disability compensation and one-time disability subsidies can generally be obtained concurrently, but actual expenditure items like medical expenses and lost wages cannot be compensated twice. The portion already paid by third parties or work-related injury insurance should be deducted. There are differences in specific operational procedures across different regions. It is recommended that injured employees initiate both work-related injury identification and civil compensation claims simultaneously after the accident. A lawyer should coordinate the calculation of all amounts to avoid omissions or having duplicated claims rejected. It is also necessary to closely monitor the time limits of the two procedures respectively.

Q4: If I disagree with the appraisal opinion, can I request a reappraisal?

Yes. In civil litigation, if a party has objections to the appraisal opinion, they may request the appraiser to testify in court. If, after cross-examination, it is found that the appraisal institution or appraiser lacks the corresponding qualifications, the appraisal process is seriously illegal, or the appraisal opinion is obviously based on insufficient evidence, a request for a reappraisal may be made. In criminal litigation, if the suspect or victim submits an application, a supplementary appraisal or a reappraisal may be carried out. When applying for a reappraisal, specific reasons and basis must be provided, rather than a general statement of disagreement. It is advisable to choose a fully qualified and experienced institution for the reappraisal, and where necessary, the court may appoint the institution through a random selection process to ensure the neutrality and admissibility of the conclusion and to avoid repeated appraisals delaying the pace of rights protection.

Q5: Approximately how much compensation can I receive for a level 10 disability?

The calculation formula for disability compensation is: the per capita disposable income standard of urban residents in the jurisdiction of the sued court multiplied by 20 years, then multiplied by the disability compensation index. For a disability rating of 10%, the compensation index is 10%; for those over 60 years old, the compensation index is reduced by one year for each additional year; and for those over 75 years old, it is calculated based on a five-year period. In addition to disability compensation, claimants can also claim for medical expenses, loss of income, nursing care fees, nutrition fees, hospitalization meal subsidies, and compensation for mental distress. The specific amounts are affected by income certificates, liability ratios, rehabilitation expenses, and other factors, with significant individual differences. It is recommended that after completing the disability appraisal, lawyers calculate each item based on the latest statistical data to form a complete claim list.

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