Compensation shall be made in accordance with the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases. The specific compensation items and calculation basis are as follows: 1. 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. 2. The lost time fee and time shall be 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 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. If you have reached the legal retirement age, you will only consider the lost time fee if you work in a "supplementary unit". 3, nursing expenses, according to the income of nursing staff and nursing number, nursing period calculation. 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. 4. Transportation expenses. 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 subsidy (Hospitalization food subsidy can be determined with reference to the standard of food subsidy for general staff of local state organs. 6, nutrition fees, 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. Ten-level disability compensation: 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 multiplied by 20 years and then multiplied by 10%. 8. Compensation for mental damage is only considered if it causes disability, and it comes from personal injury. In the past, the general standard of compensation for mental damage was 1000 -3000 yuan; If the mental damage is serious, the compensation standard is 3000-5000 yuan, and the damage caused by the unit can be 3-5 times of the above. Judicial interpretation of compensation for personal injury Article 17 shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the previous 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.

Legal objectivity:

Article 179 of the Civil Law stipulates that anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.