Items, calculation methods and standards of personal injury compensation

Personal injury compensation project

Including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, disability compensation, disability AIDS, spiritual comfort, funeral expenses, living expenses of dependents, death compensation, property losses, follow-up treatment expenses, rehabilitation expenses, etc., the compensation obligor shall compensate.

Calculation methods and standards

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 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.

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.

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. Transportation expenses should be based on official bills; Relevant credentials 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.

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.

6, nutrition fee according to the disability of the victim with reference to the opinions of medical institutions.

7. Disability compensation is 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, and it is 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.

8. The cost of assistive devices for the disabled is 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.

9. Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.

10. The living expenses of the dependents are calculated according to the degree of the dependents' incapacity and the per capita consumption expenditure of urban residents and rural residents in the last year where the appeal court is located.

If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 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.

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.

1 1. The 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.

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 court is sued, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.

The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.

12. Actual amount of compensation for property losses According to Article 131 of the General Principles of the Civil Law and Article 2 of this Interpretation, the actual amount of compensation for property losses in Articles 19 to 29 is determined.

In principle, the compensation for material damage determined in the preceding paragraph and the compensation for mental damage determined in accordance with the provisions of the first paragraph of Article 18 shall be paid in one lump sum.

13. Items and standards of mental damage: If the compensation obligee (the victim or the close relatives of the deceased) requests the people's court to compensate for mental damage, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts. The right to claim compensation for mental damage shall not be transferred or inherited. However, the obligor for compensation has promised to pay monetary compensation in writing, or the obligee for compensation has brought a lawsuit to the people's court.

Description:

1. If the period of compensation for nursing, assistive devices or disability exceeds the time limit, the compensation obligee brings a lawsuit to the people's court to continue to pay the compensation for nursing, assistive devices or disability, the people's court shall accept it. 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.

2. Where the compensation obligor requests to pay the disability compensation, the living expenses of the dependents and the expenses of disability AIDS by regular payment, it shall provide corresponding guarantee. The people's court may, according to the ability to pay and the guarantee provided by the compensation obligor, determine to pay the relevant expenses in the form of regular payment. However, the expenses, death compensation and mental damages incurred before the end of the debate in the court of first instance shall be paid in one lump sum.

3. The people's court shall specify the time, method and standard of payment for each installment in legal documents. If the relevant statistical data changes during the implementation period, the payment amount should be adjusted accordingly in time.

4. Regular payment is made according to the actual life of the compensation obligee, and is not limited by the compensation period in this interpretation. The terms "per capita disposable income of urban residents", "per capita net income of rural residents", "per capita consumption expenditure of urban residents", "per capita annual consumption expenditure of rural residents" and "average wages of employees" as mentioned in this interpretation are determined according to the relevant statistical data of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities with separate plans published by the government statistics department in the previous year.

5. Last year: refers to the last statistical year when the court of first instance concluded its debate.