24-009 · EVIDENCE A · SOURCE-SENSITIVE

Disability assessments must be conducted only after treatment is complete; doing it too early results in a lower rating.

伤残鉴定要等治疗终结之后再做,做早了等级会评低

Source cost

The cost of such assessments ranges from a few hundred to two thousand yuan, typically paid upfront by the party requesting the evaluation. Assessments are only permitted after treatment has ended or when clinical outcomes have stabilized — usually three to six months post-injury, though sometimes longer. The difficulty lies in resisting the urge to get an early assessment when recovery is still underway.

Source return

The amount of compensation one receives depends largely on the disability rating assigned, which in turn reflects how much functional ability remains after full recovery. Official guidelines stipulate that assessments must be performed only after treatment concludes or when clinical results are stable. If an assessment is done while bones are still healing or metal implants remain in place, it reflects the individual’s condition at that moment, effectively lowering their rating. For ordinary fractures that do not impair function even after healing, no disability rating is assigned at all.

Evidence grade

A

THE LOW-ROI DETOURSatire, not advice

Move “Disability assessments must be conducted only after treatment is complete; doing it too early results in a lower rating.” to Future Me's calendar

The excuse

One more exception feels free because the bill arrives outside the current scene.

What feels good now

Today I keep a little money, a few minutes, a bit of persistence and avoid interrupting my default routine.

What the source says

The source summarizes the return this way: “The amount of compensation one receives depends largely on the disability rating assigned, which in turn reflects how much functional ability remains after full recovery. Official guidelines stipulate that assessments must be performed only after treatment concludes or when clinical results are stable. If an assessment is done while bones are still healing or metal implants remain in place, it reflects the individual’s condition at that moment, effectively lowering their rating. For ordinary fractures that do not impair function even after healing, no disability rating is assigned at all.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.

THE ENGLISH EDITION

Original recommendation and evidence

Source commit a994b6a0c905

9. Disability assessments must be conducted only after treatment is complete; doing it too early results in a lower rating.

Cost: The cost of such assessments ranges from a few hundred to two thousand yuan, typically paid upfront by the party requesting the evaluation. Assessments are only permitted after treatment has ended or when clinical outcomes have stabilized — usually three to six months post-injury, though sometimes longer. The difficulty lies in resisting the urge to get an early assessment when recovery is still underway.

In plain terms: The amount of compensation one receives depends largely on the disability rating assigned, which in turn reflects how much functional ability remains after full recovery. Official guidelines stipulate that assessments must be performed only after treatment concludes or when clinical results are stable. If an assessment is done while bones are still healing or metal implants remain in place, it reflects the individual’s condition at that moment, effectively lowering their rating. For ordinary fractures that do not impair function even after healing, no disability rating is assigned at all.

Benefit: According to the “Classification of Human Injury and Disability Levels,” assessments must be conducted “after primary injuries and any related complications have been fully treated or when clinical outcomes have stabilized.” The standard further divides disability levels into ten grades, ranging from Grade 1 (100% disability rate) to Grade 10 (10% disability rate), with each grade differing by 10% in terms of functional impairment. Evaluation criteria include structural damage to tissues and organs, resulting functional limitations, and the degree of dependence on medical care or nursing, while also accounting for social and psychological impacts caused by disability. Specific criteria relevant to fractures include: (1) compression fractures of one vertebra where compression reaches one-third or more, or comminuted fractures; (2) two or more fractures of the pelvis or comminuted pelvic fractures resulting in deformity; and (3) loss of 25% or more function in any major joint of the limbs, excluding the ankle joint. Multiple disabilities affecting the same area or of similar nature must not be counted repeatedly. In cases involving multiple disabilities, each respective grade must be explicitly stated (National Standard, effective January 1, 2017).

Evidence grade: A

Sources: Supreme People's Court of China, Supreme People's Procuratorate of China, Ministry of Public Security of China, Ministry of National Security, Ministry of Justice of China (2016). Announcement on the release of "Classification of Human Injury and Disability Degrees" (released on April 18, 2016, effective on January 1, 2017), Standard No. 4.2, 4.4, 4.5, 5.10.6, Article 6.2. <https://www.moj.gov.cn/pub/sfbgw/zwxxgk/fdzdgknr/fdzdgknrtzwj/201908/P020210316701681025917.pdf>

Notes: Three distinct disability assessment systems exist and must not be confused. For injuries resulting from assaults, traffic accidents, or other personal injuries, the “Classification of Human Injury and Disability Levels” is used for judicial assessments, determining compensation amounts (see Section 9). Workplace injuries are evaluated via a separate ten-grade system for work capacity assessments, governing eligibility for occupational injury benefits (see Section 19). To qualify for disability-related policies and benefits, individuals must also obtain a Disability Certificate (see Rule 10 of this section). Prior to any assessment, ensure all medical records, surgical reports, and follow-up imaging are fully prepared (see Rule 7 regarding personal record-keeping); missing imaging is a common cause of lower disability ratings. When current injuries coexist with pre-existing conditions, the assessment must specify the proportion of disability attributable to the current injury alone — this directly influences compensation calculations.

Read the complete Chinese source and notes

9. 伤残鉴定要等治疗终结之后再做,做早了等级会评低

成本: 鉴定费几百到两千元不等,一般由提出申请的一方先垫。要等治疗终结,或者临床效果稳定,通常是伤后三到六个月,有时更久。难在伤还没好利索就想赶紧定下来,得忍住。

说人话: 赔多少钱主要看评几级,评几级看的是治完之后还剩多少功能障碍。标准写明要在治疗终结、或者临床治疗效果稳定之后再做。骨头还没长好、钢板还没取就跑去评,评的是当时那个样子,等于自己把等级压低。长好了不影响功能的普通骨折,评不上。

收益: 《人体损伤致残程度分级》规定鉴定时机「应在原发性损伤及其与之确有关联的并发症治疗终结或者临床治疗效果稳定后进行鉴定」。标准「将人体损伤致残程度划分为 10 个等级,从一级(人体致残率 100%)到十级(人体致残率 10%),每级致残率相差 10%」。判断依据是「人体组织器官结构破坏、功能障碍及其对医疗、护理的依赖程度,适当考虑由于残疾引起的社会交往和心理因素影响」。十级里与骨折有关的条款包括这么几条。一是「一椎体压缩性骨折(压缩程度达 1/3)或者粉碎性骨折」。二是「骨盆两处以上骨折或者粉碎性骨折,畸形愈合」。三是「四肢任一大关节(踝关节除外)功能丧失 25% 以上」。同一部位和性质的残疾不得重复计算。两处以上致残的,应分别写明等级(全国,2017 年 1 月 1 日起施行)

证据等级: A

来源: 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 4.2、4.4、4.5、5.10.6、6.2 条. <https://www.moj.gov.cn/pub/sfbgw/zwxxgk/fdzdgknr/fdzdgknrtzwj/201908/P020210316701681025917.pdf>

备注: 三套评残不通用,别搞混。被人打伤、交通事故和其他人身损害,走司法鉴定的《人体损伤致残程度分级》,用来算残疾赔偿金(见第 9 节)。工伤走劳动能力鉴定,用的是另一套十个伤残等级,管的是工伤待遇(见第 19 节)。想享受残疾人的政策待遇,要另外办残疾人证(见第 10 条,残疾人证)。鉴定前把病历、手术记录、复查影像备齐(见第 5 条,病历和影像自己存一份),缺影像是等级被压低最常见的原因。这次受伤和本来就有的老毛病混在一起时,鉴定意见还要写明这次受伤在残疾后果里占多大分量。这一栏直接影响赔多少钱。

Author's scope notes: 三套评残不通用,别搞混。被人打伤、交通事故和其他人身损害,走司法鉴定的《人体损伤致残程度分级》,用来算残疾赔偿金(见第 9 节)。工伤走劳动能力鉴定,用的是另一套十个伤残等级,管的是工伤待遇(见第 19 节)。想享受残疾人的政策待遇,要另外办残疾人证(见第 10 条,残疾人证)。鉴定前把病历、手术记录、复查影像备齐(见第 5 条,病历和影像自己存一份),缺影像是等级被压低最常见的原因。这次受伤和本来就有的老毛病混在一起时,鉴定意见还要写明这次受伤在残疾后果里占多大分量。这一栏直接影响赔多少钱。

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Original content by eternity4719 under CC BY 4.0. English translation is credited in the source notes. HowToLiveWorse adds a clearly labeled satirical response.

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