1、 The compensation items generally include medical expenses, lost time expenses, nursing expenses, food allowance during hospitalization, transportation expenses, accommodation expenses, necessary nutrition expenses, appraisal fees, disability compensation, and mental injury relief.
2、 Calculation method:
1. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance;
2. The lost time fee is determined according to the lost time and income of the victim. The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination. If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the latest year, he may calculate it by reference to the average wages of the employees in the same or similar industries in the place where the lawsuit is filed in the previous year.
3. Nursing fees shall be determined according to the income of nursing staff, the number of nurses and the duration of nursing. If the nursing staff has income, it shall be calculated by reference to the provisions of the lost time fee; If a nurse has no income or employs a nurse, it shall be calculated with reference to the remuneration standard of the local nurse for nursing of the same level. In principle, there is one nurse, but if the medical institution or appraisal institution has a clear opinion, the number of nurses can be determined by reference. The level of nursing care for the victim after determination of disability shall be determined according to the degree of dependence on nursing care and in combination with the preparation of disability aids. The duration of care shall be calculated until the victim recovers the ability of self-care. If the victim is unable to recover his/her ability to take care of himself/herself due to disability, a reasonable nursing period may be determined according to his/her age, health status and other factors, but the longest period shall not exceed 20 years.
4. Transportation expenses shall be calculated on the basis of the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to another hospital for treatment. In practice, if there is no bill, the number of caregivers will be determined to determine their reasonable expenses.
5. Accommodation fees refer to the accommodation fees required by the disabled in traffic accidents to go to other places for medical treatment, allocation of disabled equipment, and participation in accident handling. The standard shall be calculated according to the travel accommodation standard of the general staff of the state organ in the place where the accident occurred, and paid according to the certificate.
6. The food allowance for hospitalization shall be determined by reference to the food allowance standard for business trip of general staff of local state organs.
7. The nutrition fee shall be determined according to the disability of the victim and the opinions of the medical institution.
8. The disability compensation shall be calculated as 20 years from the date of determination of disability according to the degree of incapacity or disability level of the victim, the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year in the place where the lawsuit is filed. However, for those over 60 years of age, one year will be reduced for each additional year of age; If they are over 75 years old, they shall be counted as five years. If the victim is disabled due to injury but his actual income has not decreased, or if his disability level is relatively low but his employment is seriously affected due to occupational hindrance, the disability compensation may be adjusted accordingly. (In 2014, the per capita disposable income of urban residents in Sichuan was 24381 yuan, and the per capita net income of rural residents was 8803 yuan)
8. The mental injury relief fund is generally 2000-5000 yuan for Grade 10 disability,
9. The appraisal fee is the fee paid by the judicial appraisal center (institute) to make the disability grade appraisal.
3、 The relevant basis for damage and purchase of jade bracelets shall be provided
