How much should be claimed for a car accident grade 8 disability, and how much should be compensated

Updated on society 2024-07-07
5 answers
  1. Anonymous users2024-02-12

    It should be calculated based on your own salary, the per capita disposable income of urban or rural areas in your area in the previous year, the nature of your hukou and whether you have dependents.

  2. Anonymous users2024-02-11

    The compensation standard for traffic accidents includes material damage and personal injury.

    Determination of the scope of compensation.

    Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents: "Personal **" as provided for in Article 76 of the Road Traffic Safety Law refers to the damage caused by the infringement of the right to life, right to health and other personal rights and interests of the infringed person in a traffic accident involving a motor vehicle, including the damages provided for in Articles 16 and 22 of the Tort Liability Law.

    "Property loss" as provided for in Article 76 of the Road Traffic Safety Law refers to the loss caused by the infringement of the property rights and interests of the infringed party due to a traffic accident involving a motor vehicle.

    Personal Injury Compensation Standards.

    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.

  3. Anonymous users2024-02-10

    You can entrust a lawyer to handle it.

  4. Anonymous users2024-02-09

    1. Disability compensation shall be calculated for 20 years from the date of determination of disability in accordance with the per capita net income standard of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be reduced by one year for each additional year of age over the age of 60, and shall be calculated for five years for those over 75 years of age, and shall be calculated for the calculation method of the disability subsidy for grade 8 disability in traffic accidents, which shall be equal to the per capita income of rural residents in the previous year at the location of the court where the lawsuit is filed multiplied by 30% of the disability coefficient multiplied by the number of years of compensation. 2. The spiritual solace of 10,000 yuan to 30,000 yuan is the general approximate scope of compensation, and it is not absolute. In addition to disability allowances, traffic accident compensation also includes medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal allowances, nutrition expenses, living expenses for dependents, mental injury solace, and disability allowances.

    Legal basis] Article 25 of the Full Text of the Judicial Interpretation on Compensation for Personal Injury.

    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.

  5. Anonymous users2024-02-08

    1. What is the compensation standard for Class 8 disability in a car accident?

    1. The compensation standard for grade 8 disability in a car accident is:

    1) A one-time disability subsidy is paid according to the disability level of the work-related injury insurance**, which is equivalent to 10 months' salary;

    2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy.

    2. Legal basis: Article 35 of the Regulations on Work-related Injury Insurance.

    Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

    1) A one-time disability subsidy shall be paid according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

    2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

    2. How much compensation will be paid for rural residents with a grade 8 disability caused by a car accident.

    1. Disability compensation: calculated for 20 years from the date of determination of disability in accordance with the per capita net income standard 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 of Sibi shall be reduced by one year for each additional age. Those over the age of 75 are counted as five years.

    2. Spiritual solace: about 10,000 to 30,000 yuan;

    3. In addition to the disability subsidy, the traffic accident compensation also includes medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, nutrition expenses, living expenses for dependents, mental injury solace, disability subsidies, etc.

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