Gansu traffic accident disability appraisal standard stipulates that disability can be compensated, but the main purpose of compensation is that even if the victim is disabled, he can rest at ease and his family's income level will not be reduced because of injury. Therefore, the identity of the offender and the victim is also directly linked to the amount of compensation.
2. Specific compensation items and calculation formula:
1. Disability compensation = per capita income of residents in the last year where the appeal court is located × disability coefficient× compensation period;
2. Death compensation = per capita income in the last year where the court of appeal is located ×20 years;
3. Funeral expenses = the average monthly salary of employees in the last year where the court is located ×6 months;
4. Living expenses of the dependents = defendant's annual per capita consumption expenditure × years of support;
5. Hospitalization food allowance = standard of travel food allowance for general staff of local state organs (yuan/day) × hospitalization days;
6. Medical expenses compensation = medical expenses, medical expenses, hospitalization expenses and other expenses;
7. Lost time = the income of the victim's lost time (day/month/year) × lost time;
8. Nursing fee = remuneration standard of nursing service for local nurses at the same level × nursing days;
9. Disability assistive devices fee = reasonable cost of common devices;
10. Transportation expenses = reasonable expenses actually incurred;
1 1. Accommodation fee = accommodation standard for general staff of state organs on business trip × accommodation time;
12, nutrition fee = determine the degree of disability of the victim according to the opinions of medical institutions;
13. direct property loss expense = direct loss of damaged property (to be determined);
14. Compensation for mental damage = the judgment made by the court according to the actual situation (in principle, the constitution of disability shall prevail).
Grade III and III disability standards
(a), brain, spinal cord and peripheral nerve injury:
1, severe mental disorder or insanity, unable to live completely independently, and often in need of supervision;
2. Severe traumatic epilepsy, uncontrollable drugs, severe seizures more than once a month or localized seizures more than four times a month or mild seizures more than seven times a week or psychomotor seizures more than three times a month;
3, bilateral severe facial paralysis, difficult to recover;
4. Serious involuntary movement or ataxia;
5, quadriplegia (muscle strength of more than two limbs below level 3);
6. Hemiplegia or paraplegia (muscle strength below level 3);
7, fecal or urinary incontinence, difficult to recover.
(2) Head and face injuries:
1. In the third grade, one eye is missing and the other eye is blind; Or one eye is missing, the other eye is severely deformed, and the second-grade vision is low.
2. Severe ptosis (or severe deformity) of both eyelids, and blindness of more than 3 levels; Or severe ptosis (or severe deformity) of single eyelid, one eye is blind above grade 3, and the other eye is blind above grade 4;
3.4 or above blindness;
4. The binocular visual field is close to complete defect (diameter less than 5);
5. Maxillary and mandibular defects, missing more than 24 teeth;
6. Extreme hearing impairment in both ears, loss of one auricle (or severe deformity);
7. Extreme hearing impairment in one ear, severe hearing impairment in the other ear, loss (or serious deformity) in one ear and loss (or deformity) in the other ear by more than 50%;
8. Severe hearing impairment in both ears, bilateral auricles missing (or severe deformity); Or severe hearing impairment in both ears, one auricle is missing and the other auricle is severely deformed;
9, facial scar formation more than 80%.
(3) Thoracic vertebra injury leads to serious deformity healing, which seriously affects respiratory function.
(4) Neck injury:
1, scar formation, complete loss of cervical mobility;
2. Seriously affect the respiratory and swallowing functions.
(5), chest injury:
1. Lobectomy, extensive pleural adhesion or thoracic deformity seriously affect respiratory function;
2. Cardiac insufficiency, cardiac function classification _ with organic arrhythmia; Or cardiac function classification _ with obvious organic arrhythmia.
(6) Abdominal injury:
1, digestive and absorption dysfunction after gastrectomy;
2. Nephrectomy or complete loss of function on one side, and moderate dysfunction of renal function on the other side; Or severe bilateral renal insufficiency.
(7), the destruction of the basin:
1. Female bilateral ovaries are missing or completely atrophied;
2, incontinence, difficult to recover.
(8) Bilateral testicular loss or complete atrophy caused by perineal injury.
(9), limb injury:
1. Loss of both limbs (upper limb is higher than wrist joint and lower limb is higher than ankle joint);
2. One limb is missing (the upper limb is above the elbow joint and the lower limb is above the knee joint), and the function of the other limb is lost by more than 50%;
3. One limb is missing (the upper limb is above the wrist joint and the lower limb is above the ankle joint), and the other limb completely loses its function;
4. One limb completely loses its function, and the other limb loses more than 50% of its function. (10) Scar formation caused by skin injury reaches more than 60% of body surface area.
It is common for innocent people to be injured or disabled by traffic accidents. For employees, they may not know the amount of compensation, so they will worry about other subjects and will not pay all the compensation. Therefore, local judicial organs have also formulated disability compensation standards according to the actual situation in Gansu Province.
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