How to calculate the compensation for the 10th grade disability of a traffic accident and not the fu

Updated on society 2024-03-20
3 answers
  1. Anonymous users2024-02-07

    For your question, it is as follows:

    1.The compensation items that we should receive for grade 10 disability are: medical expenses, hospital meal allowance, lost work expenses, nursing expenses, disability compensation, and living expenses for dependents.

    Wait. The exact amount of compensation we can receive depends on our gender, age, occupation, and location of the accident. and other relevant information, it should be mentioned in the text, so further analysis and suggestions cannot be given.

    2.Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents stipulates that: (1) Where a motor vehicle that has purchased both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as compulsory traffic insurance) and commercial third-party liability insurance (hereinafter referred to as commercial third-party insurance) causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

    1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability; (2) The insufficient part shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract; (3) Where there are still deficiencies, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.

    From the above, it can be seen that our losses can be compensated by the other party's insurance company within the limit of the compulsory traffic insurance, the insufficient part shall be compensated by the other party's commercial insurance according to the proportion of liability, and the remaining insufficient part shall be compensated by the perpetrator.

    3.If you have any other questions, you can call me by name and write to me to discuss.

  2. Anonymous users2024-02-06

    1. How much is the compensation for the 10th grade disability of the other party's full responsibility for the traffic accident.

    1. The amount of compensation for the 10th grade disability of the other party's full responsibility for the traffic accident shall be determined according to the actual situation. They are:

    1) A one-time disability subsidy is paid according to the level of disability from the work-related injury insurance**, and the salary of the person is 6 months for the tenth grade disability;

    2) If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

    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 10 due to work-related disability 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 is the compensation item for grade 10 disability in traffic accidents?

    1. Living expenses of dependents;

    2. Compensation amount for medical expenses;

    3. The amount of compensation for lost work;

    4. The amount of compensation for nursing expenses shall be calculated according to the standard of lost work or multiplied by the number of nursing days according to the nursing remuneration standard of the same level of nursing staff at the place where the traffic accident occurred;

    5. The amount of compensation for transportation expenses, and the actual transportation expenses;

    6. The amount of compensation for accommodation expenses, multiplied by the number of days of accommodation for general staff of state organs on business trips;

    7. The amount of compensation for hospital meal subsidy, the standard of food subsidy for general staff of state organs on business trips multiplied by the number of days of hospitalization;

    8. The amount of compensation for nutrition expenses, and the amount recommended by the medical institution at its discretion;

    9. Grade 10 solatium for mental damages;

    10. Follow-up fee;

    11. Damage to vehicles and property.

  3. Anonymous users2024-02-05

    If a traffic accident causes another person to be disabled in the first grade 10, compensation shall be paid:

    1. Lost time pay is determined according to the victim's lost time and income;

    2. The medical expenses shall be determined according to the receipt voucher issued by the medical institution;

    3. Disability compensation shall be determined according to the disability coefficient and the current level of living income;

    4. Other expenses.

    1. How to calculate the specific compensation for grade 10 disability in traffic accidentsDisability compensation refers to the reduction of the victim's income or loss of life due to a fairly serious personal injury, which causes the victim to be physically disabled or incapacitated to work, and in this case, the victim is given a certain amount of compensation for property damage. Calculation formula: Disability compensation = per capita disposable income of urban residents (rural residents) in the previous year at the location of the court where the lawsuit is filed x number of years of compensation Disability coefficient If the person entitled to compensation can provide evidence to prove that the per capita disposable income of urban residents or the per capita net income of rural residents in his place of residence or habitual residence is higher than the standard of the place where the court is suited, the disability compensation or death compensation may be calculated in accordance with the relevant standards of his place of residence or habitual residence.

    II. Provisions of Relevant Laws and Judicial Interpretations on Disability Compensation1. Article 25 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 shall be 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 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 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. Article 146 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation): Where a person infringes upon his or her body and causes him or her to lose all or part of his or her ability to work, the compensation for living allowance shall generally be made up to a standard not lower than the basic living expenses of local residents.

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