How to divide the disability compensation after a traffic accident

1. The disability compensation obtained for disability caused by a traffic accident shall not be divided into the victim's personal property;

2. Legal basis: Article 18 of the Marriage Law [Property of one of the husband and wife] In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability or ability to work after the injury is relatively stable, the labor ability appraisal shall be conducted. The appraisal of labor ability refers to the grade appraisal of the degree of labor merit and hunger impairment and the degree of life processing disorder, and the degree of labor dysfunction is divided into ten levels of disability, the most severe is level 1, and the lightest level is level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself. (1) Disability compensation (for persons under the age of 60) = disability level (100 for level 1, 10% for level II, and so on) x 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 x 20 years; (2) Disability compensation (for persons over 60 years old) = disability level (calculated as 100 for level 1, reduced by 10% for level II, and so on) x 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 x (additional age in 20 years); (3) Disability compensation (for persons over 75 years old) = disability level (calculated as 100 for level 1, reduced by 10% for level II, and so on) x 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 x 5 years.

Of course, if there is a situation where "the victim is disabled but his actual income has not decreased due to his disability, or the level of disability is relatively minor but the occupational obstruction seriously affects his or her employment", the disability compensation may be adjusted accordingly in accordance with the regulations. Article 25 of the Interpretation on Compensation for Personal Injuries stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability 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. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

1. How to determine the standard of disability compensation.

The nature of disability compensation refers to the compensation in the nature of property damage given to the reduction of income or loss of living due to disability. Disability compensation is calculated on the basis of 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 per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and is calculated for 20 years from the date of determination of disability. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

If the victim is disabled due to an injury but his or her actual income has not decreased, or if the level of disability is relatively minor but the occupational obstruction seriously affects his or her employment, the state disability compensation may be adjusted accordingly.

Regulations on Work-related Injury Insurance

Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct an appraisal of his or her ability to work.

Generally, the liability for compensation is divided according to the traffic accident liability determination.

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. 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 rural residents have resided in cities and towns for more than one year, compensation shall be made in accordance with the relevant standards for urban residents.

The scope of compensation includes: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, necessary follow-up expenses actually incurred, and compensation for mental damages. Traffic accident grade 10 disability compensation standard:

The disposable annual income of local residents x 20 years x 10% = 10 levels of compensation standard. 10% for each additional level. The compensation standard for traffic accidents is very different from the compensation standard for work-related injuries and disability, and the difference is very large.

For each year over the age of 60, one year is subtracted from 20 years.

1. Basis for the division of responsibility for traffic accidents.

The division of liability for traffic accidents is based on the determination of liability for traffic accidents. There are uniform provisions on the determination of traffic accident liability in China, which are divided into full liability, primary liability, equal liability, secondary liability and no liability. A series of laws such as China's Civil Code (effective as of January 1, 2021), Road Traffic Safety Law, and Interpretation on Personal Injury Compensation have made a rough division of liability for traffic accidents on the basis of the determination of liability for traffic accidents.

The specific content is as follows:

1. If the driver or pedestrian of the non-motor vehicle is not at fault, the motor vehicle party shall bear all the liability for compensation.

2. If the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation.

3. If neither the victim nor the motor vehicle is at fault for the occurrence of the traffic accident, both parties shall share the losses.

4. If the traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable for compensation.

The accidental death benefit is divided equally between the spouse, children and parents. Children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents include biological parents, adoptive parents, and dependent stepparents.

[Legal basis].Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) The second order: siblings, grandparents, maternal grandparents.

After the succession begins, it will be inherited by the first-order successor, and the second-order heir will not inherit; If there is no first-order heir to inherit, it shall be inherited by the second-order heir of the Diji blind clan.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.