How to compensate for property beating?

Property hit people, by the property management company according to the situation of compensation for medical expenses, lost time, hospital food subsidies, nursing fees, transportation, accommodation, nutrition and other expenses. In addition, if the property hits people, the victim can decide whether to call the police according to the injury. Tell you about how to compensate for property beatings and how to do it. Let's have a look. First, how to compensate for the property beating?

Property beating needs compensation according to the situation, as follows:

1, medical expenses

Compensation for medical expenses should generally be based on the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses. If necessary, you can entrust a forensic expert to identify it.

2. Lost time cost

If the victim has a fixed income, the lost time fee shall be calculated according to the actual loss of his income. Fixed income, including wages, funds and subsidies and allowances stipulated by the state, but excluding subsidies for special types of work.

The bonus is calculated according to the per capita bonus of the victim in the previous year. If the bonus tax exceeds the threshold, the threshold shall be limited. If the victim has no bonus income due to his own reasons before being killed, the second bonus will not be calculated.

If the victim has no fixed income, or if the victim is a contractor or individual industrial and commercial household, the compensation for lost time can be determined with reference to the average income of the victim in the previous year or the average income of the local same industry, the same type of work and the same labor force as appropriate. If tax should be paid to the tax authorities according to law, it should be based on tax receipts.

3. Food expenses

Hospitalization food allowance shall be compensated according to the standard of food allowance for general staff of state organs on business trip (RMB/day) × hospitalization days.

4. Nursing expenses

If the nursing staff have income, they can calculate the compensation for nursing expenses according to the provisions of this opinion on lost time.

If the nursing staff has no income, the compensation for nursing expenses can be calculated according to the average living standard of local residents.

5. Transportation costs

Generally, the compensation for transportation expenses should be calculated according to the charging standard of buses, hard seats of trains and ships below the third class. But the injury is critical, the traffic is inconvenient or there is no such car (boat) in the local area.

6. Residence

If the victim who must go to a foreign hospital for treatment really needs to wait for treatment due to lack of hospital beds or other reasons, and the injury does not allow him to return home, or the transportation fee to and from home is higher than the accommodation fee, he should compensate himself and the necessary nursing staff for their accommodation fee.

Accommodation compensation can be based on the accommodation receipt and calculated according to the accommodation standard of ordinary staff of local state organs on business trips.

7. Nutritional feed

Nutrition cost compensation can be calculated according to the proportion of 40% to 60% of the average living standard of local residents. The compensation period can be entrusted to a forensic expert, or it can be decided after consulting the treatment hospital.

8. Disability compensation

According to the standard of forensic identification, the degree of disability is divided into ten grades. 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, the date of disability is calculated as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Over 75 years of age, calculated by five years.

9. Disability appliance fee

If the equipment with compensation function needs to be prepared due to disability, the compensation amount shall be calculated according to the certificate of the treatment hospital or the opinion of the forensic doctor, combined with the age of the user, the average life expectancy of the population in China, the service life of the equipment and other factors, and according to the cost of commonly used equipment.

10, funeral expenses

Funeral expenses generally include corpse transportation, cremation, ordinary urn and first-phase ashes storage. , it shall be paid according to the funeral expenses standard of the place where the infringement occurred.

1 1, death compensation

If infringement causes death, a certain amount of death compensation shall be paid to the family of the deceased.

Death compensation is calculated according to the average disposable income of local residents and paid for 20 years. If the deceased is over 60 years old, the age will be reduced by one year for each additional year; Over 75 years of age, compensation for five years.

12, living expenses

The necessary living expenses of the dependents shall be calculated according to the subsidy standard for local residents' living difficulties. Raise people under eighteen to eighteen. No ability to work and have been raised for 20 years, but over 60 years old, the age will be reduced by one year for each year of increase; Over 75 years of age, calculated by five years. Raise other dependents for five years.

13, solatium

Spiritual damage consolation money is a kind of economic compensation for the infringement of the infringer and the physical pain or physical disability or death caused to the victim or his close relatives. The specific amount of mental damage compensation shall be decided by the court according to the actual situation.

Second, what should I do if the property hits people?

If the property hits people, it is recommended to call the police and call the police on the grounds of personal injury or intentional injury. Usually, the police will boil things down to civil disputes and avoid criminal proceedings. However, as a long-term management and protection of employees, alarm and injury inspection are necessary process behaviors. Then, for the sake of service, we can decide whether to escalate the incident or negotiate mediation according to the attitude of the owner and the effectiveness of communication.

Be careful, don't start a fight, or the police will help the residents instead of the property company. Once the other party does it, fall to the ground quickly and call the police. Try to ensure that the behavior takes place under the surveillance camera.

Third, whether the property security guards are jointly and severally liable for the property.

If the property security guards beat people while performing their tasks, causing damage to others, the property company shall bear tort liability, and if the security guards are at fault, they shall bear joint liability. According to the provisions of Article 1 19 1 of the Civil Code of People's Republic of China (PRC), the staff of the employing unit shall bear tort liability if they cause damage to others due to the performance of their work tasks. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.

During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.