What are the disability rating criteria and compensation criteria?

Updated on society 2024-08-15
6 answers
  1. Anonymous users2024-02-16

    There is no uniform standard for disability assessment in China. Different criteria for disability appraisal apply to different subjects and disability caused by different causes.

    10 level 10,000 yuan, 9 level 10,000 yuan, 8 level 10,000 yuan, 7 level 10,000 yuan, 6 level 10,000 yuan, 5 level 10,000 yuan, 4 level 10,000 yuan, 3 level 10,000 yuan, 2 level 10,000 yuan, 1 level 10,000 yuan, death 3 40,000 yuan.

    If the nursing staff has income during hospitalization, the nursing expenses shall be calculated based on the evidence provided by the nursing staff with reference to the provisions on lost time pay. If no evidence is provided, the nursing fee will be calculated based on the local nursing staff's wage standard, which is generally 80 yuan per day. Where special circumstances truly require the care of two people, it is to be determined with reference to the opinions of the medical establishment or forensic evaluation body.

  2. Anonymous users2024-02-15

    1.Serious injuries resulting in physical disability, disfigurement, loss of hearing, loss of vision, loss of function of other organs, or other injuries that cause significant damage to human health, including serious injuries of the first degree and serious injuries of the second degree. Where the level of disability is reached, compensation for moral damages may be claimed.

    2.Minor injuries that cause physical or facial damage, partial dysfunction of hearing, vision, or other organs, or other injuries that are moderately harmful to human health, including minor injuries of the first degree and minor injuries of the second degree. Where the level of disability is reached, 20 years are calculated from the date of disability on the basis of the degree or level of disability of the victim, and in accordance with the standard of 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 appeals court.

    However, if the age is over 60 years old, the age shall be reduced by one year for each full year; 5 years for those over 75 years old.

    3.Causing general bodily injury (not up to disability): Minor injury:

    Primary injury caused by various injury factors, resulting in minor damage or minor dysfunction of tissues and organs. The compensation obligor shall compensate for the medical expenses and income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies and necessary nutrition expenses.

    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 the victim suffers personal injury, the person obligated to compensate shall compensate for all expenses incurred as a result of medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

  3. Anonymous users2024-02-14

    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.

    For each additional grade above level 10, 10 percent is added to the final calculation.

  4. Anonymous users2024-02-13

    It's useless for you to ask here, the content is as thick as a book, it can't be complete here, you need to know the details to buy a book.

  5. Anonymous users2024-02-12

    1. Disability Rating Evaluation Criteria According to the disability status of the injured person in a road traffic accident, the degree of disability of the injured person is divided into 10 levels, from level 1 (100) to level 10 (10), with a difference of 10 in each level. 2. Compensation for Disability Rating Criteria The coefficient of the disability level as the compensation standard, i.e., the corresponding percentages of grades 1 to 10 are 100 to 10, respectively, and the specific calculation method is as follows: The first-level disability is the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year multiplied by 20 years and then multiplied by 100, and the second-level disability is multiplied by 90, and so on, the ninth-grade disability is multiplied by 20, and the tenth-grade disability is multiplied by 10.

  6. Anonymous users2024-02-11

    1. First apply to the labor and social security administrative department for work-related injury recognition. Article 17 of the Regulations on Work-related Injury Insurance stipulates that an injured employee or his immediate family member or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury. Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.

    2. After the work-related injury is identified, the labor ability appraisal will be carried out. Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

    There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

    3. Enjoy work-related injury insurance benefits according to the identified labor ability level.

    The compensation items for workers' compensation claims are as follows:

    1. Compensation for general injuries caused (not up to disability): medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation expenses.

    2. Compensation for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.

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