What are the standard regulations for personal injury compensation?

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

    1. Medical expenses. It is determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization fees.

    2. Lost time pay. It shall be determined according to the actual degree of damage, the state of recovery, and with reference to the forensic medical examination of the rock imitation minitin or the certificate issued by the ** hospital.

    3. The hospital meal subsidy shall be compensated according to the standard of food subsidy for business trips of state organs - general staff (yuan days) x the number of days of hospitalization.

    4. Nursing fees. Where nursing staff have income, compensation for nursing expenses may be calculated in accordance with the provisions of these Opinions on lost work expenses. If the caregiver has no income, the compensation for the nursing expenses may be calculated according to the average living expenses of the local residents.

    5. Accommodation fee. It is calculated according to the standard of accommodation for the general staff of the local state agency.

    6. Disability compensation. With reference to the disability coefficient, the date of self-determination of disability shall be calculated as 20 years 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.

    However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; Those over the age of 75 are counted as five years.

    7. Funeral expenses. Pay according to the standard of funeral expenses at the place where the infringement occurred.

    8. Death compensation. Calculated according to the average disposable income of local residents, the compensation is 2: 10 years. If the deceased is over 60 years old, the age shall be reduced by 1 year for each additional year; Those who are over 75 years old shall be compensated for five years.

    9. Living expenses of dependents. It is calculated according to the standard of subsidy for local residents' living difficulties. Persons under the age of 18 are raised until they reach the age of 18.

    For a person who is unable to work for 20 years, but over 60 years of age, the age of the grandchild shall be reduced by 1 year for each additional year; Those over the age of 75 are counted as five years. Support for other dependents for five years.

    1. Can I claim civil compensation if I am slightly injured by someone?

    1. If you are slightly injured, you can claim civil compensation, and if you are slightly injured, you are already suspected of the crime of intentional injury. According to the first paragraph of Article 36 of the Criminal Law of the People's Republic of China, where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.

    2. Regarding the items and amounts of compensation, in accordance with the provisions of Articles 17 and 18 of the Interpretation on Compensation for Personal Injury:

    1) The compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    2) In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation**.

    3. Therefore, if it constitutes a minor injury, it is necessary to compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses and other expenses in combination with the specific circumstances.

  2. Anonymous users2024-02-06

    Legal analysis: The standard of compensation for personal injury varies according to the standard of living in different regions, and the compensation obligor shall compensate the victim for personal injury, the expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, shall also be compensated.

    Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the 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.

    Legal basis: Civil Code of the People's Republic of China

    Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

    Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

    Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

    Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Related questions
2 answers2024-03-21

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is formulated for the correct trial of personal injury compensation cases and the protection of the lawful rights and interests of the parties in accordance with law. >>>More

3 answers2024-03-21

Legal analysis: The Supreme People's Court has made corresponding judicial interpretations for real-life cases involving personal injury compensation, defining the subject matter of the lawsuit and the original defendant. The Supreme People's Court's Judicial Interpretation on Personal Injury Compensation provides normative guidance on specific disputed issues, and serves as a good model for courts, plaintiffs, and defendants. >>>More

6 answers2024-03-21

Medical Malpractice Personal Injury Compensation Agreement (Sample). >>>More

4 answers2024-03-21

Article 188 of the General Provisions of the Civil Law of the People's Republic of China stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. The statute of limitations period is calculated from the time when the right was known or should have been known. >>>More

6 answers2024-03-21

The subject of compensation for motor vehicle traffic accident damages, also known as the person responsible for traffic accident compensation, refers to the person who shall bear the responsibility for compensation for personal injury caused by an accident during the operation of a motor vehicle.