Qingdao personal injury compensation standard

Qingdao personal injury compensation standard

Personal injury compensation refers to a tort legal system in which the life, health and body of a natural person are illegally infringed, resulting in disability, death and mental damage, and the obligor for compensation is required to pay compensation with property. According to the "Liability Law", those who infringe upon others and cause personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid. The amount of personal injury compensation in Qingdao is determined according to the relevant statistical data of the previous year published by the government statistical department. Therefore, when calculating the amount of personal injury compensation in Qingdao, the parties concerned should find out the relevant data to determine the calculation standard of compensation items.

Qingdao personal injury compensation standard

Qingdao personal injury compensation standard in 2023;

1, medical expenses

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

2. Nursing expenses

According to the income of nursing staff, the number of nurses and the length of nursing time.

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 local labor remuneration standard for nursing staff at the same level.

3. The victim lost time.

According to the victim's income and lost time.

The victim's fixed income (day/month/year) × lost time or (average income in the last three years or average salary of employees in the same (near) industry in the last year ÷365 days) × lost time.

4, hospital food subsidies

Hospitalization food allowance × hospitalization days

5. Transportation costs

According to the actual expenses incurred by the victims and their necessary nursing staff for medical treatment or transfer to other hospitals.

6. Nutritional feed

According to the disability of the victim and referring to the opinions of medical institutions.

7. Disability compensation

(1) The victim is under 60 years old.

Disability compensation for urban residents = per capita disposable income of urban households ×20 years × disability compensation coefficient

Disability compensation for rural residents = per capita net income of farmers ×20 years × disability compensation coefficient

(2) The victim is between 60 and 74 years old.

Disability compensation for urban residents = per capita disposable income of urban households ×[20 years-(actual age of the victim -60 years old) ]× disability compensation coefficient.

Disability compensation for rural residents = per capita net income of farmers ×[20 years-(actual age of the victim -60 years old) ]× disability compensation coefficient

(3) The victim is over 75 years old.

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

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

8. Death compensation

(1) The victim is under 60 years old.

Compensation for death of urban residents = per capita disposable income of urban households ×20 years

Compensation for death of rural residents = per capita net income of farmers ×20 years

(2) The victim is between 60 and 74 years old.

Compensation for death of urban residents = per capita disposable income of urban households ×[20 years-(actual age of the deceased -60 years old)]

Compensation for death of rural residents = per capita net income of farmers ×[20 years-(actual age of the deceased -60 years old)]

(3) The victim is over 75 years old.

Compensation for death of urban residents = per capita disposable income of urban households ×5 years.

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

9, mental damage consolation money

According to the victim's injury, it is generally impossible to assess the level of disability, and there is no such fee. The specific amount of mental damage compensation that can be obtained for each disability level is mainly at the discretion of the judge.

The infringer is a natural person, generally 1000 to10000; If the infringer is a legal person or other social organization, the compensation shall generally be five to ten times the compensation standard for natural persons. If the consequences of the damage are particularly serious, the compensation standard may be appropriately raised on the basis of the above.

10, living expenses of dependents

(1) Dependent is under 18 years old.

Compensation amount for living expenses of urban residents' dependents = urban residents' per capita consumption expenditure ×( 18- actual age of dependents) ÷ Number of people who undertake maintenance obligations for dependents × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient).

Compensation amount for living expenses of dependents of rural residents = per capita living expenses of farmers' families ×( 18- actual age of dependents) ÷ Number of people who have the obligation to support dependents × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient).

(2) The age of the dependents is between 18-60 years old.

The amount of compensation for the living expenses of urban residents' dependents = (the per capita consumption expenditure of urban households is RMB ×20 years) ÷ the number of people who have the obligation to support × the disability compensation coefficient (if the victim dies, it will not be multiplied by the disability compensation coefficient).

Compensation amount for living expenses of dependents of rural residents = (per capita living expenses of farmers' families ×20 years RMB) ÷ Number of people who have the obligation to support dependents × disability compensation coefficient (the victim dies, not multiplied by the disability compensation coefficient).

(3) The age of the dependents is between 60 and 74.

Compensation amount for living expenses of urban residents' dependents = {per capita consumption expenditure of urban residents ×[20 years-(the actual age of the deceased is 60 years old)] ÷ Number of people who have the obligation to support the dependents× disability compensation coefficient (if the victim dies, it will not be multiplied by the disability compensation coefficient).

Compensation amount for living expenses of dependents of rural residents = {per capita living expenses of farmers ×[20 years-(actual age of the deceased -60 years old)] ÷ Number of people who undertake maintenance obligations for dependents× disability compensation coefficient (if the victim dies, it will not be multiplied by the disability compensation coefficient).

(4) The dependents are over 75 years old.

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

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

1 1, disability AIDS fee

Calculated according to the reasonable cost standard of general applicable tools; If the injury has special needs, you can refer to the opinions of the assistive devices 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

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.

13, cosmetic fee

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.

14, rehabilitation fee

This item is the cost of 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 fee

If the victim really needs to go to other places for treatment, but cannot be hospitalized for objective reasons, the accommodation expenses actually incurred by the victim himself and his nursing staff; Accommodation expenses expressed by the relatives of the victim for funeral matters when the victim dies.

16, calculation formula of funeral expenses compensation

Compensation amount for funeral expenses = average annual salary of employees in urban units12 months ×6 months.

17, property loss

The traffic accident compensation project may also include direct property losses (the actual value of property losses directly caused by traffic accidents, which are settled according to invoices and rationality) and operating vehicle losses.