The industrial injury problem of migrant workers over 60 years old in Kunshan is very urgent. Please help. Thank you.

1, over 60 years old, it is difficult to identify as a work-related injury, so it is suggested to claim compensation on the grounds of personal injury.

2. The applicable legal basis is: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

3. The compensation you can claim includes:

(1) Items that can be claimed: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If it is identified as a disability, it can also require payment of disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

(two) the calculation standard of each project:

(1) Medical expenses: determined according to receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. 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) Lost time: determined according to the lost time 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) Nursing expenses: 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) Transportation expenses: 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: It can be determined by referring to the standard of food subsidy for ordinary 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: determined according to the disability of the victim and referring to the opinions of medical institutions.

(7) Disability compensation: according to the degree or level of disability of the victim, it 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 appeal court is located, and it is calculated as 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 above description can be searched for the expenses of assistive devices and the living expenses of the defendant's dependents. If it didn't constitute a disability, there wouldn't be these projects.

4, need to pay attention to the problem is:

(1) claim within one year after the accident: the limitation of action shall not be exceeded.

(2) the cost of the second operation after a glance: if you can get a doctor's certificate now, you can ask for it together now; If the cost of the second operation cannot be determined, you can sue again for compensation one year after the operation is completed. Personally, I suggest that you claim again after one year, because the nursing expenses and transportation expenses are uncertain now.