My son had his spleen removed in a car accident, and the forensic doctor identified the seventh grad

About 400,000! Not necessarily, this compensation is calculated according to the average salary of the local area, and you can find a lawyer and ask him to calculate it. If you have been hospitalized and have your spleen removed, you can pay for nutrition and mental damage.

Removal of the spleen can be assessed as a grade 8 disability.

Disability compensation for grade 8 disability = per capita income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed 30% of the disability coefficient and the number of years of compensation.

Calculation overview. 1. Lost time pay = monthly income of lost work and lost work time.

2. Medical expenses compensation = diagnosis and treatment expenses + medical expenses + hospitalization expenses + others.

3. Hospitalization meal subsidy = standard of food subsidy for general staff of state organs on business trips (yuan days) Number of days of hospitalization.

4. Nursing fee = the same level of nursing labor remuneration standard for nursing workers at the place where the traffic accident occurred Number of nursing days.

5. Disability assistive device fee = reasonable cost for ordinary appliances.

6. Disability compensation = per capita income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed, disability coefficient and compensation period.

7. Living expenses of dependents = per capita annual consumption expenditure of urban residents (rural residents) in the previous year and years of dependency.

8. In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle suspension loss expenses, mental injury solatium, etc.

The compensation standards for Class 7 disability caused by traffic accidents are:

Hospitalization meal subsidy: refer to the business trip meal standard for general staff of state organs.

Nursing expenses: (1) If the nursing staff has income: it shall be calculated with reference to the provisions of the lost work pay; (2) The caregiver has no income or hires a caregiver:

It is calculated with reference to the labor remuneration standard for local caregivers engaged in the same level of care. The period of care shall be calculated until the victim regains his or her ability to take care of himself; However, the maximum duration of care is 20 years.

Transportation expenses: Calculated based on the official bills.

Accommodation expenses: Refer to the standard of accommodation subsidy for general staff of state agencies.

Nutrition expenses: **The necessary nutrition expenses should be supported by medical advice or appraisal conclusions.

Lost work pay: (1) If the victim has a fixed income: the lost work pay is calculated according to the actual reduced income. (2) If the victim has no regular income: it is calculated according to his average income in the last three years.

Disability Compensation: Victim Under 60 Years of Age: Per Capita Disposable Income of Urban Residents (Rural Residents) in the Previous Year Statutory Compensation Factor 20 years.

Living Expenses of Dependents: Dependents Aged 18 but Under 60: Per Capita Consumption Expenditure of Urban Residents or Per Capita Annual Consumption Expenditure of Rural Residents in the Previous Year 20 Years Statutory Compensation Coefficient.

If there are more than one dependent, the corresponding share shall be deducted, and the total amount of such expenses shall not exceed the total per capita consumption expenditure in urban areas or the per capita annual living consumption expenditure in rural areas. Follow-up ** fee: It is foreseeable that the expenses will be incurred, which should be supported by the appraisal conclusion.

**Fee**: The cost necessary for the body to recover its health. Disability Assistive Device Fee:

The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices. Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution.

Solatium for moral damages. Generally, if physical disability is caused, the fee shall be paid, and the amount shall not exceed 100,000 yuan.

Let's talk to a lawyer.

Although the relevant law proposes that compensation should be implemented in accordance with relevant regulations after a traffic accident, there is no clear amount of compensation for the specific amount. After all, there are many factors that can cause traffic accidents, and the results vary from case to case. It is necessary to determine the responsibility for traffic accidents according to the traffic management department of the public security organ, and effective communication between the two parties to the accident is also crucial.

The compensation that can be claimed for Class 8 disability in a car accident includes disability compensation and assistive device expenses, lost work expenses, medical expenses, nursing expenses compensation, transportation expenses, accommodation expenses, hospital meal allowances, nutrition expenses, direct property damage expenses, and necessary expenses that continue to be actually incurred. The compensation standard for Class 8 disability in a car accident splenectomy is as follows:

1. Medical expenses

Medical expenses include the expenses paid by the injured person due to traffic accidents, such as examination fees, examination fees, surgery fees, medical expenses, hospitalization fees, cosmetic surgery fees and follow-up expenses, which are determined according to the hospital's invoices.

2. Nursing expenses

1. If the nursing staff has income, it will be calculated according to the provisions of the lost work pay;

2. If the caregiver has no income or hires a caregiver, it will be calculated according to the standard of remuneration for the same level of nursing care performed by the local caregiver.

3. Transportation expenses

The transportation expenses incurred by the injured person due to medical treatment or hospital transfer**, etc., or the transportation expenses incurred by the victim as a foreigner to deal with the traffic accident in the local area.

The actual bill should be used as a voucher, and the voucher should be consistent with the location, time, number of people, and number of times of medical treatment.

4. Accommodation fee

Accommodation expenses incurred by the victim and his or her attendants from other places to the local area to deal with traffic accidents.

5. Lost time pay

Compensation amount for lost time = lost work income (yuan) lost time

1. The amount of compensation for lost work expenses for employees with fixed income = labor income under normal circumstances - labor income after accident injury.

2. No regular income and can prove their average income in the last 3 years: the amount of compensation for lost time = the total income of the last three years 3 years and 12 months of lost time.

3. If you have no regular income and cannot prove your average income in the last 3 years: the amount of compensation for lost time = the average salary of employees in the same industry in the location of the court where the lawsuit is filed in the previous year, and the time lost in work.

6. Hospitalization meal subsidy

Compensation amount of hospital meal subsidy = standard of meal subsidy for general staff of state organs on business trips (yuan days) * number of days of hospitalization.

The local compensation standard of Xiaoji Zheng shall prevail, because the compensation standard of hospital meal subsidy is different in different places, and it needs to be determined according to the relevant laws and regulations of each place, and it is recommended to consult a local lawyer for specific advice.

7. Disability compensation

The average annual income of the town or rural area in the previous year is 20% for 30 years. If you are between 60 and 75 years old, the benefit will be reduced by one year for each additional year of age, and the age of 75 will be calculated as 5 years.

8. Fees for disability assistive devices

It is calculated according to the standard of applicable appliances for ordinary state fluids.

Summary. Level 7 work-related injury compensation 1, medical treatment: reimbursement of medical expenses, hospitalization meal subsidy by work-related injury insurance** according to local standards, need nursing, the unit does not have no one to take care of, the unit needs to pay nursing fees according to local standards.

2. Suspension of work and pay treatment: ** work-related injury needs to determine the suspension period, usually issued by the medical institution of ** work-related injury, confirmed by the labor ability appraisal committee, generally not more than 12 months, serious injury or special circumstances can apply for extension, confirmed by the labor ability appraisal committee, up to 12 months. During the period of suspension of work, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

Calculation: my salary x the number of months of suspension of work and pay 3, and a one-time disability allowance will be paid by work-related injury insurance**.

Good for your scum! I am happy to answer for you: Splenectomy is generally performed about three months after discharge. The specific level needs to be forensically evaluated and should constitute a grade 7 disability. It shall be determined in accordance with the assessment standards for work-related injuries and occupational diseases and disabilities.

Level 7 work-related injury compensation 1, medical treatment: reimbursement of medical expenses, hospital meal allowance by work-related injury insurance** according to local standards, need to cultivate the needy care, the unit does not have no one to take care of, the unit needs to pay nursing fees according to local standards. 2. Treatment during the suspension period:

During the treatment, it is necessary to determine the period of suspension of work with pay, which is usually issued by the medical institution of the first work-related injury, confirmed by the labor ability appraisal committee, generally not more than 12 months, and the injury is serious or the situation is special can apply for an extension, which is confirmed by the labor ability appraisal committee and extended for a maximum of 12 months. During the period of suspension of work, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis. Calculation:

My salary x the number of months of suspension of work and pay 3, and a one-time disability allowance will be paid by work-related injury insurance**.

Legal analysis: civil compensation items include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, if the victim is disabled due to injury, the necessary expenses incurred due to increased living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses actually incurred due to nursing care and continuation, nursing expenses refer to group cavities, follow-up expenses, The person obligated to pay compensation shall also make compensation.

If the actual income is higher than this amount, the hospital meal subsidy is 100 yuan per day, and the nutrition fee is 100 yuan per day.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.