Compensation standard for serious injuries

 1、 Badly wounded Compensation standard

If you are seriously injured, you may need to pay medical expense 、 Mental loss expense All kinds of expenses, such as delay fee. These are some of the impacts damages Important factors of the amount:

1. First, the severity of the injury is a key factor affecting the amount of compensation. If the injury is very serious, it may require long-term treatment, or even surgery. Therefore, the amount of compensation may be higher.

2. Secondly, Tortious conduct The nature and fault of will also affect the amount of compensation. If the infringement is caused by improper behavior in the workplace or public places, the employer or the relevant responsible party may be required to bear some responsibility and pay a higher amount of compensation. If the person who is beaten is due to the fault of the other party, the wrong party may also be liable for compensation.

3. Finally, regional differences will also affect the amount of compensation. The law and judicial practice in different regions may be different, so the amount of compensation will also be different.

In summary, the amount of compensation needs to be assessed on a case by case basis. If you are seriously injured, it is recommended to consult the professional lawyer To learn how to protect your rights and interests.

Legal basis:

The Supreme People's Court Personal injury compensation Interpretation of Several Issues Concerning the Application of Law to Cases

Article 17 Victim suffers Personal injury , various expenses for medical treatment and reduced income due to missed work, including Medical expenses . Lost time cost Nursing expenses The compensation obligor shall compensate for the transportation expenses, accommodation expenses, hospital board allowance and necessary nutrition expenses.

If the victim is disabled due to injury, the necessary expenses incurred due to increased living needs and Incapacity Resulting loss of revenue, including Disability compensation Fees for disability aids and quilts support The person liable for compensation shall also compensate for the living expenses of the person, as well as the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred as a result of rehabilitation care and continuous treatment.

If the victim dies, the compensation obligor shall compensate for the relevant expenses specified in the first paragraph of this article in addition to the rescue and treatment Funeral expenses The living expenses of the dependants, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses and loss of work delay paid by the victims' relatives for funeral.

2、 Not Death due to work-related injury Compensation standard of

According to the People's Republic of China Social Insurance Law 》Article 17 stipulates: Participation in basic endowment insurance If an individual dies of illness or non work related causes, his relatives may receive funeral subsidies and Pension ;

In case of failure to meet the statutory requirements Retirement age A person who has completely lost his ability to work due to illness or non work related disability may receive a disability allowance.

The required funds are paid from the basic pension insurance fund.

There is a legal basis for the family members who died not due to work to ask for enterprise funeral subsidies and pensions: Compensation for mental damage Interpretation of Several Issues of Responsibility.

Mental damage The right to claim for consolation shall not be transferred or inherit 。 Except that the person liable for compensation has promised in writing to pay monetary compensation, or the person entitled to compensation has brought a suit in a people's court.

III Minor injury Compensation standard

For minor injuries, the amount of compensation shall be calculated according to the specific circumstances.

1. Medical expenses

According to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records and diagnosis certificates, etc evidence determine. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding Burden of proof 。

The amount of compensation for medical expenses shall be in accordance with first instance The actual amount incurred before the end of the court debate is determined. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.

2. Lost time cost

It is determined according to the time lost from work 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 last three years, he may refer to the average of employees in the same or similar industries in the place where the court is located in the previous year wages calculation.

The calculation formula of the compensation for the loss of work of the victim:

Compensation amount for lost time=victim's fixed income (day/month/year) × lost time

3. Nursing expenses

It is determined according to the income of nursing staff, the number of nurses and the duration of nursing.

Legal basis:

Article 20 of the Judicial Interpretation on Compensation for Personal Injury

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 last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year. The legal knowledge The content is only for reference. If you have other questions about the compensation standard for serious injuries, you can click the "immediate button" below to consult professional lawyers.