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The standard of disability level compensation is in fact the standard for calculating disability compensation for different levels of disability.
According to the data published in the (2015) Guangdong Provincial Standards for Compensation for Personal Injuries in Road Traffic Accidents, combined with the relevant provisions of the Interpretation, when calculating disability compensation for road traffic accidents that occurred in Guangzhou from 00:00 on May 30, 2015 to 24:00 on May 29, 2016, 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 shall be applied to the first year and the first year respectively. The specific level of disability and disability compensation are shown in the table below
Guangzhou Disability Compensation Standard.
Applicable from 00:00 on May 30, 2015 to 24:00 on May 29, 2016).
Age of the victim with a disability (a) years of disability Disability level.
Hukou status Rural hukou victims.
Rural standards) for victims of urban hukou.
Town standard) 0 < A< 60 Level 1 244912 (yuan) 603858 (yuan).
Level 2 yuan) yuan).
Level 3 yuan) yuan).
Level 4 yuan) yuan).
Level 5 yuan) yuan).
Level 6 122456 (yuan) 301929 (yuan).
Level 7 yuan) yuan).
Level 8 yuan) yuan).
Level 9 yuan) yuan).
Level 10 yuan) yuan).
Note: Disability Compensation = 20 Disability Compensation Index (Level 1 Level = 80%, .)Level 10 = 10%); The compensation calculation period for this age group is calculated for 20 years.
Age of the victim with a disability (a) years of disability Disability level.
Hukou status Rural hukou victims.
Rural standards) for victims of urban hukou.
Town Standard) 60 A<75 Class 1.
Disability Compensation = 20 (a 60)) Disability Compensation Index (Level 1 Level = 80%, .)Level 10 = 10%)] yuan.
Level 2 Level 3.
Level 4 Level 5.
Level 6 Level 7.
Level 8 Level 9.
Level 10 Note: The disability compensation for this age group shall be calculated for a period of 20 years, and shall be reduced by 1 year for each additional year.
Age of the victim with a disability (a) years of disability Disability level.
Hukou status Rural hukou victims.
Rural standards) for victims of urban hukou.
Urban standard) a 75 level 1 yuan) 61228 (yuan).
Level 2 135868 (yuan) yuan).
Level 3 yuan) yuan).
Level 4 yuan) yuan).
Level 5 yuan) yuan).
Level 6 yuan) 30614 (yuan).
Level 7 yuan) yuan).
Level 8 yuan) yuan).
Level 9 yuan) yuan).
Level 10 yuan) yuan).
Note: Disability Compensation = 5 Disability Compensation Index (Level 1 Level = 80%, .)Level 10 = 10%); The calculation period of compensation for this age group is uniformly 5 years.
In addition to disability compensation, the compensation items that constitute disability also include disability assistive devices, mental injury solatium, and living expenses for dependents.
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Medical expenses: ** expenses incurred due to traffic accidents, as well as ** expenses that must be incurred.
It is determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. Expenses that must be incurred on the basis of medical certificates or appraisal conclusions may be compensated together with the medical expenses already incurred.
Disability compensation: According to the degree of the victim's inability to work or the level of disability, it is calculated for 20 years from the date of determination of disability 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.
Lost time pay: the daily wage of the person and the number of days of missed work.
Among them, the lost time is determined according to the certificate issued by the medical institution that the victim accepts. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
Nursing expenses: Daily nursing expenses (daily wages for nursing staff or remuneration for labor performed by local nursing staff at the same level) Number of days required for nursing care Number of nursing staff.
Among them, if the nursing staff has income, 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 more than 20 years.
Hospitalization meal subsidy: the standard of business trip meal subsidy for general staff of local state agencies Number of days of hospitalization.
Nutrition expenses: The amount is determined with reference to the opinion of medical institutions on strengthening nutrition The number of days that need to be strengthened for nutrition.
Living expenses of dependents: The living expenses of dependents are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.
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.
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
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Summary. Dear, good boss, The traffic accident is identified as a grade 9 disability, and the compensation standard medical expenses: calculated according to the actual expenditure.
The court generally calculates the actual medical expenses incurred before the conclusion of the first-instance court debate. Cosmetic grafting can be included in the medical expenses. Follow-up ** fee (take internal fixed fee, **** fee, etc.):
It is generally determined with reference to the medical certificate or the forensic evaluation conclusion of the forensic evaluation center. In special circumstances, it is to be determined at the time of actual occurrence. Hospitalization meal subsidy:
100 yuan per day in the province. Nutrition fee: (traffic police force mediation generally does not calculate this item) nursing fee:
Where nursing staff have income, it is calculated with reference to the provisions on lost time pay; If there is no fixed income or employment, it shall be calculated with reference to the labor remuneration of nursing workers engaged in the same level of nursing in Changsha City, which is about 70 yuan, 80 yuan, 90 yuan, and 100 yuan per day. Disability compensation: (the traffic police force directly calculates the nature of the victim's household registration, and the court judgment generally combines whether the victim has worked in the town, lived for more than one year or the main income is in the town, etc., and the disability compensation can be calculated according to the urban standard) The living expenses of the dependents (the actual amount is determined according to the number of dependents):
Traffic police mediation is generally not counted in this category).
What is the compensation standard for the assessment of grade 9 disability in a traffic accident?
Dear, good boss, The traffic accident is identified as a grade 9 disability, and the compensation standard medical expenses: calculated according to the actual expenditure. The court generally calculates the actual medical expenses incurred before the conclusion of the first-instance court debate.
Cosmetic grafting can be included in the medical expenses. Follow-up ** fee (take internal fixed fee, **** fee, etc.): generally refer to the cost determined by the medical certificate or the forensic appraisal conclusion of the judicial appraisal center.
In special circumstances, it is to be determined at the time of actual occurrence. Hospitalization food subsidy: 100 yuan per day in the province.
Nutrition expenses: (traffic police mediation generally does not calculate this item) nursing expenses: if the nursing staff has income, it shall be calculated with reference to the provisions on lost work expenses; If there is no fixed income or employment, it shall be calculated by referring to the labor remuneration of nursing workers engaged in the same level of nursing care in Changsha City, which is about 70 yuan, 80 yuan, 90 yuan, and 100 yuan per day.
Disability compensation: (the traffic police force directly calculates the victim's household registration nature, and the court judgment is generally based on whether the victim works or lives in the town for more than one year or the main income is in the town, etc., and the disability compensation can be calculated according to the urban standard) The living expenses of the dependents (the actual amount is determined according to the number of dependents) :(The traffic police force mediation generally does not calculate this item).
Legal basis: Article 1179 of the Civil Code of the People's Republic of China Anyone who infringes upon others and causes Li Sui's personal injury, shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the clan orders cause the death of the si, the funeral expenses and the compensation for the death of the si, shall also be compensated.
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