How to calculate multiple disabilities in guangxi traffic accident?
Calculation of multiple disability compensation index
The new standard "Disability Assessment for Injured Persons in Road Traffic Accidents" stipulates the calculation method of disability compensation index for multiple disabled persons, that is, disability compensation index = the sum of the highest disability compensation index (Ih) and the additional disability compensation index (∑Ia, I). In this calculation method, only the disability compensation index does not exceed 100%, and the sum of additional disability compensation indexes does not exceed 10%. For convenience of operation, the following methods are adopted to determine the disability compensation index, the additional disability compensation index (Ia) and their sum (∑Ia, I):
Disabled people have two kinds of disabilities, one is secondary disability. The Ia value below Grade 6 is 8%, and the Ia value above Grade 5 is 10%.
(2) If the disabled have more than three kinds of disabilities, the sum of the additional disability compensation index (∑Ia, i) is 10%.
(3) If one of the disabled persons is Grade I, the Ia value will not be calculated.
(4) The sum of the additional disability compensation index (∑Ia, i) shall not exceed 10%, and the disability compensation index shall not exceed 100%.
The popular understanding is: actual amount of disability compensation = total amount of disability compensation × responsibility coefficient × (maximum disability compensation index, additional index of disability compensation 1, additional index of disability compensation 2).
The Disability Assessment of the Injured in Road Traffic Accidents clearly stipulates the indicators of disability compensation, but there is no additional indicators of disability compensation and no corresponding judicial interpretation. As a result, people's courts have different standards in determining multi-level disability compensation, and the amount of compensation calculated by different people in different regions or even the same region is very different.
One person has five levels of disability, with grades of three, four, five, six and seven. Grade III: the disability compensation index is 80%, and the sum of the additional disability compensation indexes of IV, V, VI and VII cannot exceed 10%, and the excess is calculated as 10%. Therefore, the sum of all levels of disability compensation indicators and additional disability compensation indicators cannot be greater than 90%. If a person suffers from three kinds of disabilities, they are rated as Grade 6, Grade 7 and Grade 9 respectively, and the other party bears 30% responsibility and 70% responsibility for traffic accidents. The compensation amount is: the actual compensation amount is equal to the total amount of disability compensation ×70% compensation coefficient × (the highest disability compensation index of Grade 6 is 50%, and the additional index of Grade 7 disability compensation is the additional index of Grade 9 disability compensation) (Note: the other two additional indexes of disability compensation)
Background and significance of multi-level disability comprehensive calculation method
Previously, the applicable standard for road traffic accident injury and disability assessment was 1992, and the safety industry standard GA35- 1992 issued by the Ministry of Public Security of China (hereinafter referred to as "GA35- 1992"). From now on, the national standard GB-2002 (hereinafter referred to as the standard? Quotgb-2002”)。 GB-2002 standard has replaced GA35- 1992 since its implementation. So far, the disability assessment of traffic accident victims has risen from the industry standard to the national standard.
GB-2002 is a new disability assessment standard. This new standard is drafted on the basis of fully summarizing the implementation experience of GA35- 1992 issued by the Ministry of Public Security and absorbing the latest research results at home and abroad. The standard further improves the classification of ten levels of disability, comprehensively standardizes the degree of human disability, and establishes a mathematical method for comprehensive calculation of multi-level disability, which provides a basis for solving the evaluation problem of multiple disabilities.
Before the implementation of GB-2002, in the case of personal injury compensation, GA35- 1992 made a comprehensive assessment of multiple disabilities, which could not fully reflect the comprehensive disability degree of the victims. After the implementation of GB-2002, the disability due to injury is no longer directly evaluated comprehensively, but the disability grade is evaluated according to the injury site. Then, according to the multi-level disability comprehensive calculation method, after determining the disability compensation index, the actual disability compensation amount for the disabled is calculated. The advantage of this assessment is that it can reflect the degree of injury of the victim more accurately, and the calculation method of disability compensation is more scientific and reasonable.
It can be seen that Guangxi province has made corresponding formulas on how to calculate compensation for multiple disabilities in traffic accidents. When multiple disabilities occur, compensation is not calculated according to the sum of all disabilities, but according to the percentage of one disability and other disabilities, which requires us to pay more attention.
What is the compensation standard for seven-level disability in guangxi traffic?
What is the compensation standard for seven-level disability in guangxi traffic?
1. Pay the disability allowance in one lump sum from the industrial injury insurance fund according to the disability grade. The standard is: the salary of the disabled at level 7 12 months;
2. If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employer shall pay me a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy according to the average monthly salary of employees in the previous year when the labor contract is terminated or terminated. The specific standard of one-time medical subsidy for work-related injuries (the specific standard varies among provinces, municipalities and autonomous regions, which shall prevail) is: 7 grades, 16 months; The specific standard of one-time disability employment subsidy is: 7 grades and 25 months.
3 workers from the statutory retirement age of more than 5 years, one-time work-related injury Medicaid and one-time disability employment subsidies paid in full; If it is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy will be reduced by 20% every year. If it is less than 1 year from the statutory retirement age, it will be paid at 10% of the total amount of one-time disability employment subsidy; Reach the statutory retirement age, do not pay a one-time work-related injury Medicaid;
If the personal injury reaches level 7 disability, it shall be calculated according to the annual disposable income of urban residents in the previous year = the amount of compensation due.
Seven disability criteria (1) brain, spinal cord and peripheral nerve injuries:
1. Mild mental retardation (IQ below 70) or mental disorder, and activities related to daily life are severely limited;
2. Traumatic epilepsy, which can't be completely controlled by drugs, the main attack is more than June 1 time per year, or the localized attack is more than twice a year or the secondary attack is more than twice a week or the psychomotor attack is more than February 1 time per year;
3. Moderate apraxia or agnosia;
4. Severe dysarthria;
5. Hemiplegia or paraplegia (one limb muscle strength level 4);
6. paralysis (muscle strength level 4);
7. Half a face or half a face is completely gone.
(2) Head and face injuries:
1. One eyeball is missing;
2. Bilateral eyelids are severely drooping (or severely deformed);
3, oral or temporomandibular joint injury, severe mouth opening restrictions;
4. Maxillary and mandibular defects, missing teeth 16 or more;
5. Extreme hearing impairment in one ear and moderate hearing impairment in the other; Or severe hearing impairment in one ear and moderate hearing impairment in the other ear;
6. One ear is missing (or severely deformed) and the other ear is missing (or deformed) 10% or more;
7. Most of the external nose is defective (or deformed);
8, facial scar formation, covering an area of more than 24 square centimeters;
Small facial scar (or obvious pigment change) is over 9.50%;
10, the scalp is hairless over 75%.
(three) spinal injury caused by cervical or lumbar deformity healing, neck or waist mobility loss of more than 75%.
(4) More than 75% of the scars in the anterior cervical triangle are caused by neck injuries.
(5) chest injury:
1. Female bilateral breast loss (or severe deformity);
2. Cardiac insufficiency, cardiac function level II.
(6) Moderate bilateral renal insufficiency caused by abdominal injury.
(7) River basin destruction:
1, pelvic tilt, the length difference of both lower limbs is greater than 8 cm;
2. The female pelvis is severely deformed and the birth canal is destroyed;
3. One ureter is missing or occluded, and the other ureter is severely narrowed.
(eight) limb injury:
1, loss of hands (or loss of function) more than 50%;
2. The hands feel completely missing;
3. The double full arch structure is completely destroyed;
4. One foot is missing above tarsometatarsal joint;
5. The length difference between the lower limbs is greater than 8 cm;
6. A limb loses more than 75% of its function.
(nine) the scar formation caused by skin injury reaches more than 28% of the body surface area.
The amount of compensation for traffic accidents is calculated according to the local economic level, and the standards in each region are different, so the parties concerned need to calculate according to the local economic situation. No matter whether you have a fixed job or not, you need to provide proof of income and bank certificate. For disability, you need to provide proof of disability, and you can refuse compensation without proof.
How to calculate multiple disabilities in guangxi traffic? What is the compensation standard for seven-level disability in guangxi traffic @20 19?