Level 5 disability compensation standard for traffic accidents

Disability compensation is calculated according to the standard of death compensation in the previous year in your province or municipality directly under the central government, level 10 is 10% of the death compensation, level 9 is 20%, level 5 is 60%, and the death compensation is calculated according to the per capita disposable income of urban residents in the previous year (agricultural household registration is based on the per capita net income of rural residents) in your province or municipality directly under the central government for 20 years.

According to the actual situation of the person injured in the traffic accident, he or she may claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.

The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.

Among them: 1. Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

The compensation for traffic accident disability level 5 includes the following:

1. Medical expenses: subject to invoice.

2. Hospitalization food subsidy: 100 yuan for the number of days of hospitalization.

3. Nutrition fee: 500-1000 yuan (only compensation will be paid if the medical record indicates "strengthening nutrition") 4. Follow-up fee: the cost of the second operation.

5. Nursing fee: 50-100 yuan (different for each court) yuan days of hospitalization.

6. Lost work expenses: (my salary) 30 days (calculated to the day before you issue the appraisal results) 7. Transportation expenses: 500-2000 yuan.

8. Disability compensation.

Town Rock Standard: Yuan.

Rural standard: yuan.

9. Appraisal fee: subject to invoice.

10. Prosthetic expenses: 20 years of compensation based on the proposal of the prosthetic company. 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.

11. Living expenses of dependents: The father is over 60 years old, the mother is over 55 years old, and the child is under 18 years old.

Parental Support:

Urban standard: actual age - 60 years old)] Number of siblings 60% Rural standard: Actual age - 60 years old)] Number of siblings 60% Child support:

Town Standard: [Chronological Age] 2] 60%.

Rural standard: [Chronological age] 2] 60%.

12. Solatium for mental damage: about 35,000, mainly determined according to the level of disability and accident liability.

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