Four critical requirements for the entitlement of residual disability

four requirements for official acknowledgment of residual disability

When you submit some documents to GIROJ for getting approval of special compensation for residual disability, keep four requirements in your mind. GIROJ never gives you approval when your symptom doesn't meet four requirements as follows:

  • The symptoms will not completely recover in the future
  • The symptoms are medically provable
  • The cause of the symptoms is an automobile accident
  • The symptom results in loss of working capacity

Let’s say your shoulder’s movable range, 50% decreased due to an automobile accident. Referring to tables of CALI’s compensation for residual disability, your disability falls under 10th grade. However, to get the approval of 10th grade, you have to explain that your symptom meets all of the four requirements only by submitting some documents. In this article, we take a closer look at how to meet all of the four requirements.

The symptoms will not completely recover in the future

GIROJ refers to a medical certificate of residual disability issued by your doctor. However, note that sometimes the doctor’s indication of your residual disability is not sufficient. GIROJ will review the document with one question. "Has the patient got the doctor's medical care for the injury and taken every effort to cure the injury?"

GIROJ gives an approval only to the symptom remaining even if a doctor has sufficiently and medically treated it. So, prove that you’ve taken every effort for the treatment. For example, submit a prescription showing how often you visited a doctor, a medical certificate explicitly showing your treatment history, and so on.

A process of making a convincible treatment record already starts right after an automobile accident. It is essential to initially note the possibility to apply for special compensation for residual disability. By doing so, you can make the ideal treatment record since the beginning of the treatment.

Make a treatment record which proves your sufficient treatment history.

The symptoms are medically provable

GIROJ doesn’t interview with you nor your doctor. They don't physically check your symptoms. They only check the documents and pictures you submit. So, the only thing you can do is to prepare reports and photographs which logically explain your symptoms.

If your symptom is visible in MRI or CT photo, you can visually prove it. However, what if your symptom is not viewable by these photos? In this case, you have to seek another option like an electromyogram or neurological test and ask a doctor to conduct it for the proof.

How many medical examinations you should take for medically proving your symptoms? What is the best timing for getting medical tests by a doctor? The answers depend on your exact injury and symptoms. Only GIROJ has the answers because they have their criteria for their determination on the grade.

Some injuries are easy to medically prove, while the others are not. So, if you expect you'll have difficulty in proving the symptom, seeking advice from professionals is a good idea. They have lots of experiences in various traffic accident cases and give you advice on how to convince GIROJ.

Ideally, getting tips from experts right after you get injured in an automobile accident is the best way to make a convincible treatment record and documents. 

The symptoms are triggered by an automobile accident

Based on the documents and pictures you submit to GIROJ, they will review them from various perspectives like the following:

  • Did a victim’s symptoms appear before an automobile accident?
  • Did a victim’s symptoms appear just after an automobile accident?
  • Is a victim’s symptom reasonable to be triggered by an automobile accident?
  • Is there any possibility the victim’s symptom is triggered by the circumstance which is not related to an automobile accident?

If your symptoms were firstly acknowledged after three months passed since an automobile accident happened, GIROJ wouldn’t admit it as residual disability due to the crash.

Go to hospital right after the automobile accident to make a record showing your injury is related to the accident.

The symptom results in loss of working capacity

In addition to a medical certificate of residual disability, GIROJ refers to the following documents to see if your symptoms result in loss or decrease of working capacity.

  • Certificate of a traffic accident (事故証明書)
  • Report of a traffic accident (事故発生状況報告書)
  • Medical Certificate (経過診断書)
  • Prescription (診療報酬明細書)
  • Report of damaged property (物損状況)

If you apply for special compensation for residual disability via an insurance company, you will never have chances to check the above documents. Accordingly, you will never find out what opinions or what materials you should add to prove your symptoms. However, if you apply for it yourself, you will collect all the necessary documents by yourself, and you can read all of them. In this case, if you notice these documents don't support your wish, you can additionally submit any other documents or pictures to GIROJ.

GIROJ decides the grade only by submitted documents and pictures. Make all of them be supportive for your opinion.
 

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