Nursing care compensation issues, provisions for reimbursement of nursing care expenses

Compensation for nursing expenses.

Nursing expenses refer to the expenses paid by the victim due to personal injury and the inability to take care of themselves and need help from others.

Article 21 of the Interpretation on Compensation for Personal Injuries stipulates that nursing fees shall be determined according to the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care. If the nursing staff has a recipient, it shall be calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference. The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not to exceed 20 years.

The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

If the actual period of care of the victim exceeds the period of care determined by the court, and the victim files a lawsuit with the court requesting that the nursing expenses be continued, if it is truly necessary to continue the nursing care, the court shall order the compensation obligor to continue to pay the nursing expenses for 5 to 10 years. If the actual period of care of the victim is shorter than the period of care determined by the court, and the compensation obligor has paid the entire amount of care fees at one time, should the excess care fees be refunded? In our view, since the term of care determined by the judgment is made by the judge within the scope of his discretion based on the provisions of the law, and the victim receives a lump sum of nursing care fees based on the court judgment, the victim's heirs are not obliged to return the excess nursing expenses, and the person obligated to pay compensation cannot request the return.

No, the cost of the treatment will be reimbursed according to the number of people recommended by the doctor.

You're talking about nursing fees.

The payment of nursing expenses for work-related injuries shall be borne by the unit according to the actual expenses before the disability is determined, and the specific standards shall refer to the relevant provisions 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, that is, if the nursing staff has income, it shall be calculated with reference to the provisions on lost time pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. If the work-related injury nursing allowance is confirmed by the Labor Ability Appraisal Committee to be in need of living care after the disability is determined, the living care allowance shall be paid on a monthly basis from the work-related injury insurance**. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively the average monthly salary of employees in the overall planning area in the previous year or 30.

The driver can be asked to compensate for the cost of care, but the nursing association must ask for a nurse and issue an official invoice.

Legal analysis: The compensation standard for nursing expenses is as follows: the nursing expenses are determined according to the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care.

Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

Legal basis: Interpretation of the Supreme People's Court of Donglao on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 8: Nursing fees are determined on the basis of the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where the caregiver has no income or hires a caregiver, it shall be calculated with reference to the standard standard of labor remuneration for the local caregiver engaged in the same level of care.

In principle, the number of nursing personnel is one person, but where the medical establishment or evaluation body has a clear opinion, the number of nursing staff may be determined by reference. The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.