Personal Injury Compensation explains what is a rehabilitation fee Disability Employment Allowance

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

Article 17. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, 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 25.

Disability compensation is calculated for 20 years from the date of determination of disability on the basis of 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 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.

There is no ** fee in personal injury compensation, you may be talking about nutrition expenses and follow-up ** fees, which are indicated by a qualified appraisal agency on the disability appraisal certificate issued. Similarly, there is no disability employment subsidy, only disability compensation, and the same disability compensation must also be indicated on the disability appraisal certificate issued by a qualified appraisal agency, and the calculation of disability compensation = the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the provincial statistics bureau in February (at the end of the debate in the court of first instance) * 20 (over 60 years old, each additional year of age is reduced by one year, and those over 75 years old are calculated as 5 years) * disability level %

Legal analysis: The items of compensation include medical expenses, nursing expenses, lost work expenses, food subsidies during hospitalization, nutrition expenses, disability (death) compensation, spiritual solace, living expenses of dependents, nursing expenses, appraisal fees, necessary transportation expenses, and accommodation expenses; The specific amount of compensation should be calculated in detail according to the age of the victim, the nature of the household registration and the circumstances of the case.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers a personal injury, the expenses incurred due to medical treatment are to be increased and the income is reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and the compensation obligor shall compensate them. Where 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 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 the nursing care and the continuation of the remaining expenses.

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, and other reasonable expenses incurred by the victim's relatives in handling funeral matters, such as the cost of paying for the source of damage, lodging expenses, and loss of work.

** fee is required for the disabled victim to ****. **, according to the definition of the World Health Organization, refers to the comprehensive and coordinated application of medical, educational, social and occupational methods to restore and rebuild the lost functions of the sick, injured and disabled (including congenital disabilities) as soon as possible and to restore their physical, mental, social and economic abilities as much as possible, so that they can return to life, work and society. The methods mainly include:

a) Physics**.

2) Homework**.

c) Language**.

4) Psychological**.

5) Psychology **.

6) Occupation**.

7) Traditional ****.

1. Compensation standards for traffic accident expenses.

According to the provisions of Article 17, Paragraph 2 of the Interpretation on Compensation for Personal Injury, the compensation obligor shall compensate for the necessary expenses actually incurred due to nursing care and continuation, but the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases does not specifically stipulate specific standards such as medical expenses and lost work expenses, so the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases should be used in trial practice Paragraph 2 of Article 17 shall be used as a basis for determining the actual and necessary expenses incurred as a result of **care, continuation**.

The focus is on grasping which costs are actually incurred and necessary during the care and continuation phases. Only the expenses that are both actual and necessary should be compensated by the person obligated to compensate. Where it has not actually occurred, or has actually occurred, it is not necessary, and the person entitled to compensation is not entitled to claim compensation.

In addition, according to Article 19 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, the compensation rights holder may separately wait for the necessary expenses for organ function recovery training after the actual occurrence. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred. The necessary expenses for organ function restoration training only refer to the fees paid for the training to restore the damaged organ function of the victim, including the functional training (cognitive function training, hand and foot function training) in physics, language, and homework.

As for the psychological and occupational, the expenses paid are not included in the necessary expenses for organ function recovery training. The psychological pain suffered by the victim as a result of the personal injury and the expenses required for psychological expenses may be compensated by pursuing the liability of the person obligated to compensate for the moral damages.