Compensation standard for epiphyseal fracture in Linyi City, Dezhou City, Shandong Province

The compensation standard for epiphyseal fracture in Linyi, Dezhou, Shandong Province is 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 relevant evidence such as medical records and diagnosis certificates, and the compensation amount is determined according to the actual amount incurred before the end of the debate in the court of first instance. The right holder may sue separately after the rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses necessary for organ function recovery training;

2, lost time, lost time is determined according to the victim's lost time and income status, lost time is determined according to the certificate issued by the medical institution where the victim receives treatment, and lost time can be calculated to the day before the disability;

3, nursing expenses, nursing staff have income, calculated with reference to the provisions of the lost time, nursing staff have no income or hire care workers, calculated with reference to the local care workers engaged in the same level of nursing labor remuneration standards;

4. 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 another hospital for treatment;

5. Accommodation fee. It is really necessary for the victim to go to other places for treatment, but he cannot be hospitalized for objective reasons. The reasonable part of the accommodation and meals actually incurred by the victim himself and his entourage shall be compensated;

6, hospital food subsidies, hospital food subsidies can refer to the local state organs general staff travel food subsidies standards to determine;

7, nutrition fee, nutrition fee is determined according to the disability of the victim with reference to the opinions of medical institutions;

8. Disability compensation, which 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;

9. The cost of assistive devices for disability shall be calculated according to the reasonable cost standard of common applicable devices. If there are special needs due to injury, the corresponding reasonable cost standard can be determined by referring to the opinions of the auxiliary equipment configuration organization.

The methods for resolving compensation disputes are as follows:

1. In the litigation stage, prepare relevant materials needed for litigation, write litigation documents, and truthfully state the story in written form;

2. At the acceptance stage, the court will check the claim. If it meets the acceptance criteria, the court will decide to file a case in accordance with the procedures prescribed by law;

3. In the pre-trial preparation stage, the court will issue a summons to the defendant, during which relevant evidence can be presented to each other, and both parties can mediate;

During the court session, the court formally accepted the case, investigated the matter, and the two sides debated and negotiated until the final verdict was pronounced.

To sum up, the injured party may demand compensation from the other party and compensate the corresponding medical expenses, including medical expenses, nursing expenses, nutrition expenses and other reasonable expenses.

Legal basis:

Article 1 179 of the Civil Code of People's Republic of China (PRC).

Anyone who infringes on 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 missed work. 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.