Compensation for rural areas and urban areas, with uniform compensation standards for urban and rura

The standard of compensation is different, and the legal basis is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

If your child has a rural hukou but has lived in the city for more than one year, you can compensate according to the urban standard.

Compensation shall be made in accordance with the 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".

Legal Analysis: Harmonized. The release of the first Dongshi document clearly will reform the personal injury compensation system, unify the compensation standards for urban and rural residents, and realize the "same fate and same price" for urban and rural residents.

Legal basis: "Opinions of the Communist Party of China on Establishing and Improving the Institutional Mechanism and Policy System for Urban-Rural Integrated Development" (17) Coordinate the urban and rural social assistance or distribution system. We should do a good job in urban and rural social assistance work, and weave a safety net for the basic livelihood of people in difficulty.

Promote the overall planning of urban and rural areas of the subsistence allowance system, improve the dynamic adjustment mechanism of subsistence allowance standards, and ensure that all guarantees should be guaranteed under dynamic management. We will comprehensively implement the system of assistance and support for people living in extreme poverty, and improve the ability to provide basic support and the quality of services. Do a good job in providing relief for farmers in difficulty with serious diseases.

Improve the care and service system for left-behind children and women in rural areas, as well as for the elderly. Complete the work system for safeguarding children in difficult circumstances, and improve the welfare system and service system for persons with disabilities. Reform the compensation system for personal injuries and unify the compensation standards for urban and rural residents.

Compensation for traffic accidents is closely related to the liability identified in the accident certificate issued by the traffic department, the injuries of the injured person, and the household registration of the injured person. If you have a rural hukou, you can also claim compensation according to your urban hukou if you meet the following two conditions.

1.Have lived in the city for at least one year before the accident.

1) Proof from the neighborhood committee and the landlord.

2) Certificate from the police station in the jurisdiction.

3) Temporary residence permit or residence permit.

4) Real estate certificate.

5) Miscellaneous. 2.Have a stable income in the city in the year before the accident.

1) Proof of social security for one consecutive year before the accident.

2) Have a labor contract and salary schedule (one year before the accident).

3) Tax payment voucher.

4) A passbook that has been in a row for one year before the accident and has a regular income every month.

5) Miscellaneous. The two parties may negotiate and resolve the issue of compensation for the accident, and the negotiation may be based on the division of responsibilities in the accident certificate, or they may negotiate freely. Because there is insurance, let the insurance company pay within the limit of liability, and the maximum amount of compensation for compulsory traffic insurance is 10,000.

If the insurance company still pays insufficient compensation after assuming responsibility, it shall be compensated by commercial insurance if it has commercial insurance, and if it does not have commercial insurance, it shall be made up by the party responsible for the accident.

I can't give you a definitive conclusion because of the amount of information you have stated, but if your situation falls under one of the following conditions, it is very likely that it will be recognized as a work-related injury. However, the final conclusion still needs to be professionally determined by the labor department. The Regulations on Work-related Injury Insurance stipulate that there are seven statutory circumstances under which work-related injuries are determined:

1) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or work-related preparatory work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases; Rules.

5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to and from work;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

The process of handling work-related injuries is as follows: work-related injury identification - work-related injury identification - work-related injury compensation.

The parties may refer to the following provisions to determine the relevant compensation methods, and if the land is expropriated in accordance with Article 47 of the Land Management Law, compensation shall be given according to the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation.

The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population in need of resettlement shall be four to six times the average or annual output value of the cultivated land in the three years prior to the expropriation.

However, the resettlement subsidy for each hectare of cultivated land to be levied shall not exceed 15 times the average annual output value of the three years prior to the expropriation. The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land. The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State. In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy fee shall not exceed 30 times the average annual output value of the land in the three years prior to the expropriation of the land.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised. 48th land requisition compensation and resettlement program is determined, the local people concerned shall be announced, and listen to the views of the land-expropriated rural collective economic organizations and farmers. Article 49 The rural collective economic organizations that have been expropriated shall announce the income and expenditure of the compensation fees for the expropriation of land to the members of the collective economic organizations and accept supervision.