How much is a day's nursing fee in Dongguan?

(1) The concept of nursing expenses refers to the expenses that the victim's mobility and self-care ability have been reduced to a certain extent due to physical health and other reasons after the road traffic accident, and they need to be accompanied and cared for by family members or other relatives, and the person responsible for the accident will compensate them according to certain standards. The occurrence of nursing expenses is necessary for the victims to recover their health, and the causal relationship with traffic accidents is also direct, so they should be compensated. (II) Formula for calculating the amount of compensation for nursing expenses Article 2 1 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 stipulates that "nursing expenses shall be determined according to the income of nursing staff, the number of nurses and the nursing period." "Nursing staff have income, calculated with reference to the provisions of the lost time; 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 ability to take care of himself. If the victim can't recover his self-care ability due to disability, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is no more than 20 years. " "The nursing level of the victim after disability should be determined according to the degree of nursing dependence and the equipment of disability AIDS." According to the above regulations, different calculation standards should be applied to the calculation of nursing expenses according to whether the nursing staff have income or not. (a) nursing staff have income, according to the provisions of the calculation of lost time. The calculation standard of lost time fee has been elaborated in detail in the part of this book about the calculation formula of lost time fee compensation, so I don't need to say it here. (two) if the nursing staff have no income or employ nursing staff, it shall be calculated according to the labor remuneration standard of nursing staff at the same level in the place where the traffic accident occurred. The so-called "no income" here refers to people whose source of livelihood is mainly or completely dependent on the supply of others, or people who occasionally have a small amount of income but are not enough to maintain a normal life, mainly referring to unemployed people in cities and towns and people who have not participated in rural areas, including college students, students of various primary and secondary schools, other young people under 16 who have not participated in work, and people who have reached working age but lost their ability to work in rural areas. The calculation formula is: the compensation amount of nursing expenses = the compensation standard of nursing service for nurses at the same level in the place where the traffic accident occurred × the number of nursing days. For example, Wu Mou is an individual industrial and commercial household, engaged in clothing business all the year round. On the way to wholesale clothes, Wu Mou's car unfortunately met a big truck driven by a drunk driver, and Wu Mou failed to escape. The front windshield was smashed by a big truck, and Wu Mou was seriously injured in the head. During the hospital treatment, Wu Mou was taken care of by his sister. Wu Mou's sister dropped out of school not long ago, with no job and no income. Wu Mou is a city in northern China. The local nurse's nursing remuneration at the same level is 8 yuan/day, and Wu Mou's sister takes care of her for 40 days. In this way, Wu Mou can get compensation for nursing expenses = 8 yuan/day ×40 days = 320 yuan. (3) Provisions of relevant laws, regulations and judicial interpretations on nursing expenses 1. Article 2 1 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 nursing fee is 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. 2. Item 4 of Article 50 of the Regulations on Handling Medical Accidents: If a patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred. 3. Item 4 of Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Compensation Cases for Personal Injury Caused by Electric Shock: If the nursing staff has income during the victim's hospitalization, it shall be calculated according to the provisions on lost time; If there is no income, it shall be calculated according to the average living expenses of the place where the accident occurred. It can also be calculated with reference to the market price of care workers. After the victim is discharged from the hospital, if he needs nursing care, he shall be determined according to the disability level with the certificate of the treatment hospital. The cost of disabled equipment should be considered together.