How to compensate for disability and how to compensate for disability

Legal basis: Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 17: Where the victim dies, the person obligated to compensate shall compensate for the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for funeral expenses, living expenses, death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Article 25: Disability compensation is calculated for 20 years from the date on which the disability is determined, on the basis of the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents in the previous year or the per capita net income of rural residents 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.

1. Disability Compensation Disability compensation refers to property compensation for the victim who has lost all or part of his or her ability to work due to personal injury and disability. As a result of the partial or total loss of the ability to work due to the disability caused by the premature injury of the person, the victim will reduce or lose his or her income after suffering personal injury. This loss is a direct consequence of personal injury and is a property loss.

For such property losses, compensation shall be made by the person obligated to compensate. When determining disability compensation, factors such as the degree of incapacity to work or the level of disability shall be taken into account 1. If the person partially loses the ability to work, the corresponding amount shall be compensated according to the extent of the loss. 2. In determining the degree of loss of working capacity or the level of disability of a specific victim, the relevant provisions of the Regulations on Work-related Injury Insurance may be referred to.

3. Considering the complexity of actual personal injury compensation in real life, paragraph 2 of Article 25 of the Judicial Interpretation on Personal Injury Compensation stipulates that "the victim is disabled due to injury but his actual income has not decreased, etc.", and this judicial interpretation gives judges a certain discretion to appropriately adjust the disability compensation in consideration of the actual situation. - The theory of loss of income (income) (also known as the difference theory) Disability compensation = per capita disposable income of urban residents (or per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed 20 years Disability coefficient (1) The victim is under the age of 60 Urban residents' disability compensation = per capita disposable income of urban households Yuan 20 years Disability compensation coefficient Rural residents' disability compensation = per capita net income of farmers Yuan 20 years Disability compensation coefficient (2) The victim is between 60 and 74 years old Urban residents' disability compensation =Per capita disposable income of urban households Yuan [20 years - (actual age of the victim - 60 years old)] Disability Compensation Coefficient Disability Compensation for Rural Residents = Per Capita Net Income of Farmers Yuan [20 Years - (Actual Age of the Victim - 60 Years Old)] Disability Compensation Coefficient (3) The victim is over 75 years old Urban Resident Disability Compensation = Per Capita Disposable Income of Urban Households Yuan 5 Years Disability Compensation Coefficient Disability Compensation Coefficient for Rural Residents = Per Capita Net Income of Farmers Yuan 5 Years Disability Compensation Factor 2. Disability Appliance Expenses If it is necessary to prepare a compensatory appliance due to disability, the hand pin shall be calculated according to the certificate or forensic opinion of the ** hospital, combined with the age of the user, the average life expectancy of the Chinese population, the service life of the appliance and other factors, according to the cost of the universal appliance.

Disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability 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. 1.

Disability compensation = per capita disposable income of urban residents (or per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed 20 years Disability coefficient (1) Disability compensation for urban residents where the victim is under 60 years = per capita disposable income of urban residents Yuan 20 years Disability compensation coefficient for rural residents.

2.If the disability appliance needs to be prepared with a compensatory function due to disability, the compensation amount shall be calculated according to the cost of the universal appliance according to the certificate or forensic opinion of the hospital, combined with the age of the user, the average life expectancy of the Chinese population, the service life of the appliance, and other factors.

Legal basis: Article 12 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's loss of ability to work or the level of disability, and in accordance with 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. For those over 60 years old, the age is reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 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.

In traffic accident compensation, many friends** consult how to calculate accident disability expenses? In particular, I don't know how to grasp the disability factor. This issue is explained as follows:

The formula for calculating disability compensation is as follows: disability compensation = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) at the location of the court where the lawsuit is filed, disability coefficient and compensation period.

1) Disability compensation for persons under the age of 60 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed and disability coefficient 20 years.

2) Disability compensation for persons between the ages of 60 and 75 = the standard of per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed Disability coefficient [20 - (actual age - 60)].

3) Disability compensation for persons over 75 years old = per capita disposable income of urban residents (per capita pure income of rural residents) in the previous year at the location of the court where the lawsuit is filed and the disability coefficient is 5 years.

What if the disability factor in the above formula is determined? Disability coefficient, if the injury is assessed as a first-class disability, the full compensation shall be paid, that is, 100%; Grades 2 to 10 will be decreasing by 10%. The calculation of the disability coefficient of multi-level disabled persons shall be calculated with reference to the method of "Disability Assessment of Persons Injured in Road Traffic Accidents" (GB18667-2002) with finger pick-up B.