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Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for 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.
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Legal Analysis: Criteria for Identification of Minor Human Injuries: Subgal Aponeurotic Hematoma; scalp avulsion up to 20 square centimeters (10 square centimeters for children); traumatic defects of the scalp up to 10 square centimeters (5 square centimeters in children); The cumulative length of the wound with scalp sharps is up to 8 cm, and in children it is up to 6 cm; The cumulative length of blunt wounds is up to 6 cm, and in children up to 4 cm.
Article 7 Simple fracture of the skull.
Legal basis: "Standards for the Appraisal of the Degree of Human Injury" Article 1 Minor injury level 1:
1. The length of the scalp wound or scar is more than cumulative.
2. The area of scalp avulsion injury is more than cumulative; The area of the scalp defect is cumulative.
3. Depressed or comminuted fracture of the skull.
4. Basilar skull fracture with cerebrospinal fluid leakage.
5. Cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion.
6. Traumatic hydrocephalus; traumatic intracranial aneurysm; traumatic cerebral infarction; Traumatic intracranial hypotension syndrome.
7. Spinal cord injury causes defecation or urination dysfunction (mild).
8. Spinal cord contusion.
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The identification criteria for minor head injuries are as follows:
1. The depressed or comminuted fracture of the skull is a minor injury;
2. The corresponding neurological dysfunction caused by cranial nerve injury is the second degree of minor injury;
3. Minor injuries accompanied by neurological symptoms after head trauma.
How much is the compensation for a minor head injury.
How much compensation should be paid for a minor head injury needs to be analyzed in combination with the actual situation:
1. The actual medical expenses, lost work expenses, follow-up expenses, nutrition expenses, transportation expenses, and accommodation expenses shall be compensated;
2. Disability compensation and disability assistive device fees are also constituted;
3. If the property loss is caused, the corresponding property compensation shall be borne.
[Legal basis].Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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1. Forensic evaluations of the degree of injuries involved in the handling of various types of cases by the entrusting unit are uniformly made by the public security organs' forensic appraisal bodies. The evaluation of injuries is to be conducted in accordance with the principle of territorial jurisdiction and step-by-step evaluation, and the first evaluation is the initial evaluation. If the parties or case-handling personnel raise objections to the initial appraisal conclusions, and it is necessary to supplement the evaluation, the original forensic appraisal body is to conduct a supplemental evaluation, and a new appraisal is required, and the case-handling unit is to entrust the forensic appraisal body of the public security organ at the level above to conduct a new evaluation.
2. The business process of inspection and appraisal is complete: understand the case facts, conduct biopsy, take photos and consult medical records, and identify (difficult cases need to be consulted and submitted to experts for discussion), and make and issue appraisal certificates.
3. In addition to door-to-door services, the person being evaluated must be present for the examination, and the case-handling police must accompany them during the initial forensic examination.
4. Copies of the initial outpatient medical records, inpatient medical history (including current medical history, physical examination, surgical records, discharge summary, various test reports, imaging test reports) and other copies (copy the above medical records on A4 paper and stamp the special seal of the hospital for copying medical records), imaging data (X-ray, MRI, CT, etc.) and other medical information.
5. For those who have the conditions for immediate evaluation, the appraisal body shall complete the appraisal work within the prescribed time limit; Where the case is difficult or complicated and requires consultation, the evaluation body should promptly complete it after the consultation.
6. Appraisal documents. The appraisal certificate is to be collected by the person in charge of the case-handling unit, and the formalities for the transfer of appraisal materials are to be completed at the same time. The case-handling unit is to inform the relevant parties of the appraisal conclusion in accordance with law.
Article 1 of the relevant laws and regulations on the evaluation of minor injuries: This standard is formulated on the basis of the relevant provisions of the Criminal Law of the People's Republic of China, on the basis of the theories and techniques of medicine and forensic science, and in combination with the practical experience of forensic medical examinations, to provide a basis for the evaluation of minor injuries. Article 2:
Minor injury refers to the injury that has not yet constituted a serious injury but is not a minor injury due to the action of various external factors such as physical, chemical, and biological factors on the human body, causing a certain degree of damage or partial dysfunction to the structure of tissues and organs. Article 3: The identification of the degree of injury should be based on the primary injury and its consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and a comprehensive analysis and comprehensive assessment.
Article 4: Evaluators shall be forensic physicians or persons with forensic science evaluation qualifications; It may also be a person with a senior physician or higher who has been hired or retained by a judicial organ. Evaluators have the right to learn about the case, review case files, medical records, and inspect the scene, and the relevant units have the responsibility to cooperate.
Evaluators must adhere to the principle of seeking truth from facts, apply scientific testing methods, keep case secrets, and abide by relevant legal provisions.
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1. Medical expenses.
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.
The amount of compensation for medical expenses such as medical filial piety shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance.
2. Lost time pay.
It is determined based on the victim's lost time and income status. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. 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.
3. Nursing fees.
It is determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; If the caregiver has no income or hires a caregiver, it shall be calculated with reference to the labor remuneration standard for the local caregiver engaged in the same level of care. 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.
4. Care of the victim after the disability.
The level of care should be determined based on the degree of dependency on care and in the context of the disability assistive device being prepared. The transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**.
5. Hospitalization meal subsidy.
It can be determined with reference to the standard of business trip meal allowance for general staff of local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.
6. Nutrition expenses.
It is to be determined on the basis of the victim's disability with reference to the opinions of the medical establishment.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for 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.
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