What is the standard of disability compensation in Nanchang?

1. Medical expenses

Registration fee+medical treatment fee+medical expenses+hospitalization fee+other medical expenses should be combined with the patient's case and diagnosis certificate.

2. The nursing fee

is determined according to the income of the nursing staff, the number of nurses and the nursing period.

if the nursing staff has income, it shall be calculated with reference to the standard of lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the labor remuneration standard of local nursing staff engaged in the same level of nursing.

3. The victim's lost time fee

is determined according to the victim's income and lost time.

the victim's fixed income (days/months/years) × time off work or (the average income in the last three years or the average salary of employees in the same (near) industry last year ÷365 days) × days off work

4. Hospitalization food subsidy

Hospitalization food subsidy × days off work

5. Transportation expenses

. Nutrition fee

determined according to the victim's disability and referring to the opinions of medical institutions

7. Disability compensation

(1) Disability compensation for urban residents whose victims are under 6 years old

Per capita disposable income of urban households ×2 years × disability compensation coefficient

Disability compensation for rural residents = per capita net income of farmers ×2 years × disability compensation coefficient

(2 The victim is between 6 and 74 years old

urban residents' disability compensation = per capita disposable income of urban households ×[2 years-(the actual age of the victim is 6 years old) ]× disability compensation coefficient

rural residents' disability compensation = per capita net income of farmers ×[2 years-(the actual age of the victim is 6 years old) ]× disability compensation coefficient

(3 Victims over 75 years old

urban residents' disability compensation = per capita disposable income of urban households ×5 years × disability compensation coefficient

rural residents' disability compensation = per capita net income of farmers ×5 years × disability compensation coefficient

8, death compensation

(1) The victim is under 6 years of age

Death compensation for urban residents = per capita disposable income of urban residents ×2 years

Death compensation for rural residents = per capita net income of farmers ×2 years

(2) Death compensation for urban residents = per capita disposable income of urban residents ×[2 years-(actual age of the deceased -6)

death compensation for rural residents = per capita net income of farmers ×[2 years-(the actual age of the deceased is 6 years) ]

(3) death compensation for urban residents whose victims are over 75 years old

per capita disposable income of urban households ×5 years

death compensation for rural residents = per capita net income of farmers ×5 years

9.

if the infringer is a natural person, it is generally 1, to 1,; If the infringer is a legal person or other social organization, he shall generally be compensated according to the compensation standard of natural persons of five to ten times. If the consequences of the damage are particularly serious, the compensation standard may be appropriately raised on the basis of the above.

1. Dependents' living expenses

(1) Dependents are under 18 years old

Compensation amount for urban residents' living expenses for urban residents = per capita consumption expenditure of urban households ×(18- actual age of dependents) ÷ Number of dependents × disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

The compensation amount for the living expenses of the rural residents' dependents = the per capita living expenses of the farmers' families ×(18- the actual age of the dependents) ÷ The number of people who bear the obligation to support the dependents× the disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

(2) The dependents are between 18 and 6 years old

The compensation amount for the living expenses of urban residents' dependents = (the per capita consumption expenditure of urban households is RMB ×2 years) ÷ The number of people who have the obligation to support the dependents× the disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

The compensation amount for the living expenses of the dependents of rural residents = (the per capita living expenditure of farmers' families is RMB ×2 years) ÷ The number of people who undertake the maintenance obligation for the dependents × the disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

(3) Dependents are between 6 and 74 years old

Compensation amount for living expenses of urban residents' dependents = _ Per capita consumption expenditure of urban households ×[2 years-(actual age of the deceased -6 years old)] _ ÷ Number of people who undertake maintenance obligations for dependents× disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

the compensation amount for the living expenses of the dependents of rural residents = _ the per capita living expenses of farmers' families ×[2 years-(the actual age of the deceased -6 years old)] _ ÷ the number of people who have the obligation to support the dependents × the disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

(4) The dependents are over 75 years old

The compensation amount for the living expenses of urban residents' dependents = (the per capita consumption expenditure of urban households is RMB ×5 years) ÷ The number of people who bear the maintenance obligation × the disability compensation coefficient (if the victim dies, Not multiplied by the disability compensation coefficient)

The compensation amount for the living expenses of rural residents' dependents = (the per capita living expenditure of farmers' families is RMB ×5 years) ÷ The number of people who have the obligation to support the dependents× the disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)

11. The cost of disability AIDS

is calculated according to the reasonable cost standard of common applicable appliances; If the injury has special needs, you can refer to the opinions of the auxiliary equipment configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and maintenance cost of auxiliary appliances are determined with reference to the opinions of the configuration organization.

12. Follow-up treatment fee

This fee can be prosecuted separately after the actual occurrence, but the inevitable fee determined according to the medical certificate or the conclusion of judicial expertise can be claimed together with the expenses already incurred.

13. Cosmetic surgery expenses

This expense can be prosecuted separately after the actual occurrence, but the inevitable expenses determined according to the medical certificate or the conclusion of judicial expertise can be claimed together with the expenses already incurred.

14. Rehabilitation expenses

This item is the expenses incurred for organ function recovery training. The expenses can be prosecuted separately after the actual occurrence, but the expenses that must be incurred according to the medical certificate or the conclusion of judicial expertise can be claimed together with the expenses that have already occurred.

15. Accommodation expenses

Accommodation expenses actually incurred by the victim and his nursing staff when it is really necessary for the victim to go to other places for treatment and cannot be hospitalized due to objective reasons; Accommodation expenses indicated by the victim's relatives for funeral matters when the victim dies.

16. Funeral expenses compensation calculation formula

Funeral expenses compensation amount = average annual salary of employees in urban units ÷12 months ×6 months

17. Property loss

The traffic accident compensation project may also include direct property loss (actual value of property damage directly caused by traffic accidents, which is settled according to invoices and rationality) and loss of operating vehicles.

Legal Basis

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases

Article 6 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 compensation holder may sue separately after the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses for 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.

article 7 the lost time fee shall be determined according to the lost time and income of the victim.

the time lost for work is determined according to the certificate issued by the medical institution where the victim is treated. If the victim continues to miss work due to injury and disability, the time of missing work 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 may refer to the average salary of employees in the same or similar industries where the court of appeal is located in the previous year.

Article 1179 of the Civil Code of the People's Republic of China infringes on others and causes personal injury, it shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and 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.

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance fund according to state regulations:

(1) Medical expenses and rehabilitation expenses for treating work-related injuries;

(2) food subsidies for hospitalization;

(3) transportation and accommodation expenses for medical treatment outside the overall planning area;

(4) the cost of installing and configuring assistive devices for the disabled;

(5) Life care expenses confirmed by the labor ability appraisal committee if the life cannot provide for itself;

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;

(7) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral allowance, dependent relatives' pension and work-related death allowance received by survivors of work-related deaths;

(9) labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit according to state regulations:

(1) wages and benefits during the treatment of work-related injuries;

(2) the monthly disability allowance for disabled employees with Grade V and VI;

(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

article 41 if an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

the industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.