How to calculate the seventh degree disability compensation for traffic accidents?

1. The per capita disposable income of urban residents in Sichuan Province was 17,899 yuan.

2. The per capita net income of rural residents in Sichuan Province is 6, yuan.

Rural standard level 7 disability in rural areas is 6128 6 yuan * 20 years * 40%;

The urban standard is 17,899 yuan * 20 years * 40%.

You can negotiate a settlement, but if the negotiation fails, then according to the appraisal results and the division of responsibility in the traffic accident certificate, you can file a lawsuit with the court as soon as possible to claim compensation for personal injury, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.

Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

1. The per capita disposable income of urban residents in the province is 17,899 yuan.

2. The per capita net income of rural residents in the province is RMB.

3. The per capita consumption expenditure of urban residents in the province is 13,696 yuan.

4. The per capita annual living consumption expenditure of rural residents in the province is RMB.

The average annual salary of employees is 31,345 yuan.

It is recommended that you look up the traffic accident compensation standard for the previous year issued by the Sichuan Provincial Public Security Department, and also estimate it in combination with the facts of the case.

In rural areas, it is 6128 yuan, 6 yuan*20 years*40%; The urban area is 17,899 yuan * 20 years * 40%.

Legal analysis: Disability compensation is based on the degree of the victim's inability to work or the level of disability, according to the place of household registration (data released by the provincial and municipal statistical bureaus): 1. The victim's household registration (some provinces and cities have abolished the difference between urban and rural areas), the per capita disposable income of urban residents in the previous year or the per capita net income of rural residents in the previous year; 2. Calculated as 20 years from the date of determination of disability; those over the age of 60 are reduced by one year for each additional year of age; Those over the age of 75 are counted as five years.

3. The formula for calculating the seventh-grade disability compensation for traffic accidents is as follows: seventh-level disability compensation for traffic accidents = per capita income of (urban) residents in the previous year (urban) where the household registration is located, 40% of the disability coefficient and the number of years of compensation. In addition, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, etc., children under the age of 18, parents who are unable to work and have no other livelihood, should also be compensated for living expenses.

Legal basis: 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 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 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.