Scope of compensation:
Medical expenses, lost time, nursing expenses, transportation expenses, hospital food subsidies, necessary nutrition expenses, necessary expenses for increasing their daily life expenses and income losses caused by loss of working ability.
Including disability compensation, disability AIDS, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
Without compensation for mental damage, China's compensation for mental damage is a very empty thing. By copying foreign laws, China's economic level has not reached the level of developed countries. Only when China's economy develops to the level of Japan and the United States can the compensation for mental damage be truly implemented. The reason is that the economic base determines the superstructure.
1. The medical expenses shall be determined according to the receipt vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
2. 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 cannot 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.
The calculation formula of the victim's lost time:
Compensation for lost time = the victim's fixed income (day/month/year) × lost time.
3. The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.
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 if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
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.
Calculation formula of escort fee compensation:
The compensation amount of the escort fee = the original income of the escort × the escort time, or the remuneration standard of the same level of care workers × the escort time.
4. 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. The transportation expenses shall be based on official bills, and the relevant documents shall be consistent with the place, time, times and frequency of medical treatment.
5. Hospitalization food allowance can be determined by referring to the standard of food allowance for general staff of local state organs.
It is really necessary for the victim to go to other places for treatment, but he 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.
Calculation formula of compensation for hospitalization food allowance:
Compensation amount of hospitalization food allowance =50 yuan × hospitalization days.
6, nutrition fee according to the disability of the victim with reference to the opinions of medical institutions.
7, disability compensation, according to the degree of disability or disability level of the victim, according to the local per capita disposable income of urban residents in the previous year or the per capita net income of rural residents, from the date of disability, calculated by 20 years.
8. The cost of assistive devices for disabilities shall be calculated according to the reasonable cost standard of common applicable devices.
Extended data:
According to the People's Republic of China (PRC) Public Security Administration Punishment Law:
Article 43? Those who beat others or intentionally hurt others' bodies shall be detained for more than 5 days 10 and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring the disabled, pregnant women,/kloc-persons under 0/4 years of age or persons over 60 years of age;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
According to the criminal law:
Article 234 Crime of intentional injury
Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Baidu encyclopedia-minor injuries