What is the compensation standard for minor injuries or minor injuries after being injured by a fore

The scope of compensation for minor injuries or minor injuries includes: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, transportation expenses, living allowances for the disabled and mental loss expenses, etc., and the specific standards vary slightly from province to province.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides:

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

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

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.

Article 18: Where the victim or the deceased's close relatives suffer mental harms, and the person with the right to compensate requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied.

This is not necessarily, different places, different occupations are different, and the compensation is mainly as follows: hospital meal subsidy, nutrition fee, nursing fee, transportation fee, lost work fee, you roughly calculated,

No matter what contradictions and disputes exist, if you start beating someone, you are at fault first. Fighting not only does not solve the problem, but also loses both. There is a saying that you don't win a fight, you go to jail if you win, and you go to bed if you lose.

Therefore, I hope that no matter what contradictions people encounter, they must learn to use the law to protect themselves, and the law is our strong backing. The use of violence to solve the problem is a breath of relief, but it not only destroys oneself, but also harms others.

1. Pursue criminal responsibility.

In cases of minor injuries, the public security department generally has two solutions, which is to accept the compensation of the other party and give up the pursuit of criminal responsibility. The second is to pursue criminal liability and waive civil compensation. If you do not accept compensation, you can hold the other party criminally liable.

If he is held criminally responsible, he will have a record of criminal record, which will have a great impact on him in the second half of his life, especially when he is looking for a job. After a serious lesson, he will not be taken lightly.

2. Compensation for related losses.

Minor injuries are identified by the court, as long as there is relevant evidence to prove that the other party caused them. You may have the right to claim compensation from the other party, and the compensation expenses will be comprehensively compensated according to the medical expenses, nutrition expenses, lost work expenses, and mental damage expenses. Although it is a minor injury, although the cost is not much, but after the comprehensive settlement, it is a large expense.

Fights and brawls, regardless of whether the circumstances are serious or not, are a large expense if civil compensation is to be made.

It is hoped that no matter what happens to people, as long as the place does not do anything, they must remain calm and learn to use legal means to protect themselves, so as not to not only bear criminal responsibility, but also compensate for related losses, which is not worth it. As a citizen of contemporary civilization, refuse to fight, brawl, and insult others.

In this case, you can apply for medical reimbursement, and you also need to go to the person who beat you and ask him to bear part of the responsibility and pay part of the medical expenses.

If the algorithm medical identification is a minor injury, if you insist on pursuing the other party's responsibility, you can also report the complaint.

You should call the police, whether it is a minor injury or a serious injury, you should save the evidence and appeal to the court, no matter how you hit someone, it is not right.

1. How to compensate for the other party to be slightly injured.

The other party should be compensated for the following expenses for minor injuries

1.Expenses incurred for medical treatment**;

2.The income lost due to lost work includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

2. Criteria for the identification of minor injuries.

The criteria for identifying minor injuries are as follows:

1.Facial and auricular injuries:

1) Facial soft tissue trauma.

2) Facial injuries with scarring or pigment changes.

3) Abrasions on the face, with an area of more than 50px2.

4) Orbital wall fracture.

5) ocular contusion; Positive dissemination after eye trauma affects appearance.

6) Auricular trauma.

2.Craniocerebral and spinal cord injuries:

1) Neurological symptoms after head trauma.

2) Scalp abrasion area of more than 125px2; scalp contusions; Stupid hematoma under the scalp.

3) Scalp wounds or scars.

3.Hearing loss of auditors:

1) Traumatic tympanic membrane perforation.

2) Hemotympanum.

3) Post-traumatic hearing loss.

4.Visual impairment: Eye damage affects vision.

5.Neck injury: neck wound or scar length of more than 25px.

3. What should I do if I am slightly injured and the police station does not detain people.

The police station does not detain a person who is slightly injured or slightly injured, mainly depending on whether it is an intentional act of injury or a fight. If it is caused by a civil dispute, ** will generally mediate first, and then punish if mediation fails. For intentional injury, detention and fines are required.

If you do not act, you can file a complaint with the public security organ or the procuratorate at a higher level.

The method of suing for compensation for minor injuries identified by the beating is as follows:

1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties;

2. According to the principle of who asserts and who bears the burden of proof, the plaintiff shall submit materials to the court for litigation;

3. When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted;

4. Within seven days after the parties have completed the necessary formalities and submitted all relevant evidence materials, the case filing division shall handle the case filing formalities if the conditions for case filing are met, and rule not to accept those that do not meet the requirements for case filing;

5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance;

6. After the case filing procedures, the case will be scheduled by the court, and the parties shall obey the court's work arrangements and settle the litigation costs in the financial office after the case is concluded.

The materials required for prosecution are as follows:

1. Indictment;

2. Evidentiary materials;

3. The plaintiff's ID card and the materials proving the defendant;

4. If you entrust others to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original for inspection;

5. If a lawyer is entrusted to litigate, a power of attorney with clear authorization and a copy of the law firm's acceptance of the entrustment, the letter and the lawyer's certificate must be submitted.

To sum up, if a party applies for prosecution, it is necessary to submit the corresponding evidence to the court, present evidence within the specified time, and the court will make a judgment and issue a judgment according to the specific circumstances of the case.

Legal basis]:

Article 126 of the Civil Procedure Law of the People's Republic of China.

The people's courts shall ensure the parties' right to sue in accordance with the provisions of the law. Prosecutions that comply with article 122 of this law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Where a crime is constituted by beating a person to a slight injury, the sentence is as follows, and where the perpetrator intentionally injures the body of another person, the sentence is up to three years imprisonment, short-term detention or controlled release. The corresponding compensation shall include medical expenses, lost work expenses, nursing expenses, transportation expenses, and other expenses.

Article 19 of the Provisions on the Handling of Injury Cases by Public Security Organs: Where there are conditions for conducting an immediate injury evaluation on the basis of the standards for the evaluation of personal injuries promulgated by the relevant state departments, the victim's injuries at the time, and the hospital's diagnosis certificate, the public security organs' evaluation bodies shall submit an evaluation opinion within 24 hours of being retained, and issue an evaluation document within 3 days. Where the injuries are more complex and there is no capacity for immediate evaluation, an evaluation opinion shall be submitted and an evaluation document shall be issued within 7 days of being retained. Where the function of tissues or organs is affected or the injury is complicated, and it is difficult to conduct an appraisal for the time being, it is prudent to wait for the injury to stabilize and promptly submit an appraisal opinion, and issue an appraisal document.

Calculation method of injury compensation standard: 1. Medical expenses ** fee + diagnosis and treatment fee + medical fee + hospitalization fee + other medical expenses, medical expenses are determined according to the medical expenses, hospitalization fees and other collection vouchers issued by medical institutions, and the judicial appraisal of minor injuries shall be determined in combination with relevant evidence such as medical records and diagnosis certificates 2. Lost work expenses Lost work expenses are determined according to the victim's reputation and lost work time and income If the victim has a fixed income, the lost work expenses are calculated according to the actual reduced income If the victim has no fixed income, it is calculated according to his average income in the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the same or similar industry at the location of the court where the lawsuit is filed 3. Food expenses Hospitalization Food allowance Number of days of hospitalization Hospitalization food allowance may be determined with reference to the standard of food allowance for general staff of local state organs on business trips 4. Nursing expenses Nursing time * nursing expenses If the nursing staff has income, it shall be calculated with reference to the provisions on lost work expenses; If the nursing staff has no income or hires nursing workers, it shall be calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing 5. Transportation expenses shall be calculated according to the actual expenses incurred by the victim and his or her necessary nursing staff due to medical treatment or transfer** 6. Accommodation expenses If it is really necessary for the victim to go to other places** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his or her attendants shall be compensated 7. Nutrition expenses 8. The specific amount of solatium for mental injury shall be determined by the court at its discretion according to the actual circumstances If the minor injury causes disability, the following compensation will be provided: 9. Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of loss of working ability or disability level of the victim, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year in the place where the person is located It is calculated according to the reasonable cost standard of ordinary applicable equipment.

The standard compensation for minor injuries is as follows:

1. Medical expenses, the amount of compensation for medical expenses is generally determined according to the actual amount incurred;

2. Compensation for lost work, the amount of compensation for lost work is generally determined according to the victim's lost time and income;

3. Nursing expenses, the amount of compensation for nursing expenses is generally determined according to the income status of nursing staff, the number of nursing staff, and the nursing period;

4. Transportation expenses, the amount of compensation for transportation expenses is generally calculated based on the actual expenses incurred by the victim and his necessary escorts due to medical treatment or hospital transfer;

5. Hospitalization meal subsidy, which can be determined with reference to the business trip meal subsidy standard for general staff of local state organs;

6. Necessary nutrition expenses. Nutrition expenses may be determined based on the victim's disability and with reference to the opinions of medical institutions;

7. If disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation;

8. If death is caused, funeral expenses and death compensation shall also be paid. Minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached, and if the mediation fails, a fine or administrative detention of up to 15 days may be imposed. According to the relevant provisions, those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined, and those who are less serious are to be detained for up to 5 days or fined up to 500 RMB.

Where intentionally injuring others constitutes a crime, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given. Whoever commits a crime and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and whoever causes death or seriously injures a person by especially cruel means causing serious disability, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. Where there are other provisions, follow those provisions.

Legal basis]:Article 18 of the Provisions of the People's Republic of China on the Handling of Injury Cases by Public Security Organs.

After the public security organs accept an injury case, they shall issue a power of attorney for an injury evaluation within 24 hours, informing the victim to go to a designated evaluation body to conduct an injury evaluation.