If two grade 10 disabilities are identified in a traffic accident, how to compensate

Updated on society 2024-03-21
3 answers
  1. Anonymous users2024-02-07

    According to the description, it should be a multi-level disability, the abdomen should be grade 8, and the legs should be grade 10.

    Since there is no unified standard for traffic accident compensation, it is the standard of each province, and the general compensation items and calculation methods are informed for your reference:

    1. Medical expenses: paid according to the hospital's necessary expenses for the party's traffic accident trauma, and if it is really necessary to continue after the case is concluded, it will be paid according to the necessary expenses.

    2. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to the loss of work, and the average income of the last three years or the per capita income of the same industry shall be calculated if there is no fixed income.

    3. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency where the traffic accident occurred.

    4. Nursing expenses: If the injured person has income during hospitalization, it shall be calculated according to the provisions of the compensation for lost work, and if there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.

    5. Disability compensation: According to the level of disability and calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of disability, but if the person is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years.

    6. Expenses for disability appliances: If it is necessary to prepare compensatory appliances due to disability, the cost of universal appliances shall be calculated according to the hospital certificate.

    9 The living expenses of the dependents shall be limited to the persons who were actually supported by the deceased before his death or before the disabled person lost the ability to work, and shall be calculated according to the standard of subsidy for the living difficulties of residents in the place where the traffic accident occurred, and shall be raised to the age of 18 for those under the age of 18 and for those who are unable to work for 20 years, but for each additional year over the age of 60, it will be reduced by one year, and for those over the age of 75, it shall be calculated as five years.

    10. Transportation expenses: Vouchers are calculated according to the actual necessary expenses of the parties.

    11. Accommodation expenses: Vouchers shall be calculated and paid according to the standard of accommodation expenses for general staff of state organs in the place where the traffic accident occurred.

    The transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be calculated in accordance with the above provisions, but shall not exceed three people.

    Vehicles, items, facilities, etc. damaged due to traffic accidents shall be repaired, and compensation shall be made at a discount if they cannot be repaired.

  2. Anonymous users2024-02-06

    1. How to calculate two grade 10 disabilities in traffic accidents.

    1. The calculation standards for two grade 10 disability in traffic accidents are:

    1) For two grade 10 disability in road traffic accidents, it is generally appropriate to compensate at 12%;

    2) If there are two disability levels, only the highest level of disability compensation index will be calculated, and the other disability levels will no longer calculate the corresponding disability compensation index, but will be calculated according to the additional index.

    2. Legal basis: Article 35 of the Regulations on Work-related Injury Insurance.

    Employees who are identified as having a disability of grade 7 to grade 10 due to the disability caused by the delay in work in Mengzhen shall enjoy the following benefits:

    1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

    2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

    2. What should I do if I disagree with the conclusion of the disability appraisal of the traffic accident.

    If the parties to the traffic accident are not satisfied with the assessment conclusion, the remedies available to them include applying for a new appraisal and exclusion through cross-examination, or reducing the probative force of the disability assessment conclusion.

    The circumstances of re-identification are:

    1. The other party may not recognize the disability appraisal conclusion entrusted by the party Zhi Li and apply for a new appraisal;

    2. The appraisal conclusion made by the agreement between the two parties or the appraisal agency designated by the court, if any.

    1) The appraisal institution or appraisal personnel do not have the corresponding appraisal qualifications;

    2) The appraisal procedure is seriously illegal;

    3) The appraisal conclusion is obviously not based on sufficient evidence;

    4) Where it is determined that the appraisal conclusion cannot be used as evidence after cross-examination, one party may apply for a new appraisal.

    Where flawed appraisal conclusions can be resolved through methods such as supplemental evaluation, re-examination, or non-sufficient debate, a re-evaluation is not to be conducted.

    Where there are objections to the appraisal conclusion, but due to their own limited professional knowledge, they are unable to find an appropriate reason, they may request that the evaluator who made the appraisal conclusion appear in court to be questioned, and the parties may also entrust a specialist with specialized knowledge to appear in court to question the evaluator. Through the above-mentioned means, the appraisal conclusions are fully debated.

  3. Anonymous users2024-02-05

    After a traffic accident, a Grade 10 disability shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and other reasonable expenses incurred by the hospitalized elderly, as well as the loss of income due to lost work, and shall also be compensated for the cost of assistive devices and compensation for the disability of the disabled.

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