Project standard
fee-for-service
The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. The amount of compensation shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee may sue separately for the rehabilitation expenses necessary for organ function recovery training, appropriate cosmetic expenses and other follow-up treatment expenses. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Lost time expense
The lost time fee is determined according to the lost time fee and income of the victim. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
Nursing expenses
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but the medical care fee is determined according to the income of nursing staff, the number of nurses and the nursing period. If the nursing institution or appraisal institution has a clear opinion, the number of nursing staff can be determined by reference. The nursing period should be calculated until the victim recovers his self-care ability.
transportation charge
The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
Hotel charges
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Hospitalization food allowance
In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary staff of local state organs.
These payments
Nutrition fee is determined according to the disability of the victim and the opinions of medical institutions.
Disability compensation
Disability compensation shall be calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located (referred to as the "base"), and it shall be calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly. The degree of disability of the injured is divided into 10 grades, from I grade (100%) to X grade (10%), and the difference between each grade is 10%, that is
Level a
Base × year×100%
Calculation method of multiple disability grades;
Maximum disability compensation index+disability compensation additional index 1+ disability compensation additional index 2+ ... disability compensation additional index n The range of disability compensation additional index is from 10% to% 1, namely:
First degree disability:10%;
Secondary disability 9%;
Third-degree disability 8%;
Grade 4 disability 7%;
Grade 5 disability 6%;
Level 6 disability 5%;
Grade 7 disability 4%;
Grade 8 disability 3%;
Grade 9 disability 2%;
Grade 10 disability 1%
assistant
Base × year× 90%
Three levels
Base × years ×80%
Totally good.
Base × year× 70%
Piati
Base × years ×60%
College English Test Band-6
Base × years ×50%
Seven grades
Base × years ×40%
Grade?Eight
Base × years ×30%
Grade?Nine
Base × year× 20%
Ten grades
Base × year×10%
Disability assistive devices cost
The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
Living expenses as a spouse
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
Rehabilitation expenses and related expenses of follow-up treatment
The compensation obligor shall also compensate the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. The compensation standard is generally determined according to the receipt certificate of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence.
Nursing expenses after disability
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
funeral expenses
Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
Death compensation
Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and the calculation period is 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Other reasonable expenses such as transportation expenses, accommodation expenses and lost time expenses incurred by the relatives of the victims in handling the funeral.
Pay according to the actual reasonable expenses with relevant bills and vouchers.
Note: 1. If the victim is disabled or dies due to injury, the compensation obligor shall pay the medical expenses and other related expenses in the column of "general injury" in addition to the items in the column of "disability due to injury" or "death of the victim".
2. If the victim is disabled or dies due to injury, the compensation holder may request compensation for mental damage from the people's court; However, if a criminal incidental civil action is filed, it is not allowed to claim compensation for mental damage.
3. If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the sued court is located, he can calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.
4. If the period of nursing care, the period of payment of assistive devices or the period of payment of disability compensation is exceeded, the people's court shall accept the claim of the obligee for compensation for continuing to pay nursing care, assistive devices or disability compensation. If the obligee really needs to continue nursing and prepare assistive devices, or has no ability to work and no source of income, the people's court shall order the obligor to continue to pay the relevant expenses for five to ten years.
5. This form is applicable to general personal injury compensation and also to personal injury compensation in traffic accidents; The coefficient of liability for compensation shall be determined according to the size of the liability for traffic accident losses, specifically according to the following principles:
Article 53 of the Road Traffic Safety Law of the People's Republic of China: If a motor vehicle and a non-motor vehicle driver or pedestrian have a traffic accident, resulting in personal injury or property loss, the insurance company shall make compensation within the limit of compulsory motor vehicle traffic accident liability insurance. If the owner or manager of a motor vehicle fails to participate in compulsory motor vehicle traffic accident liability insurance, the owner or manager of the motor vehicle shall bear the compensation liability equivalent to the limited liability of compulsory motor vehicle traffic accident liability insurance. For the part exceeding the limit, the motor vehicle party shall be liable for compensation; However, if there is evidence that non-motor vehicle drivers and pedestrians violate the laws and regulations on road traffic safety and the motor vehicle drivers have taken necessary measures, the motor vehicle party shall be liable for compensation in accordance with the following provisions:
(1) If the non-motor vehicle drivers and pedestrians bear full responsibility for the accident, the motor vehicle party shall bear no more than 10% of the compensation liability;
(two) non motor vehicle drivers and pedestrians bear the main responsibility for the accident, and the motor vehicle party shall bear 40% of the liability for compensation;
(three) non motor vehicle drivers and pedestrians bear the same responsibility for the accident, and the motor vehicle party shall bear 60% of the liability for compensation;
(four) non motor vehicle drivers and pedestrians bear secondary responsibility for the accident, and the motor vehicle party shall bear 80% of the liability for compensation;
(five) motor vehicle parking, temporary parking does not violate the provisions of road traffic safety laws and regulations, and road traffic accidents with non-motor vehicle drivers and pedestrians, the motor vehicle side will not be liable for compensation.