Calculation method of Sanmenxia accident
1、 Data publicized by Sanmenxia Statistics Bureau:
1. The per capita disposable income of provincial residents in the previous year was 28222 yuan;
2. The per capita disposable income of urban households in the previous year was 38483 yuan;
3. The per capita disposable income of rural households in the previous year was 18697 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 23539 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 14823 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery 52304 yuan
(2) Mining industry: 86525 yuan
(3) Manufacturing 64495 yuan
(4) Electricity, heat, gas and water production and supply industry 100153 yuan
(5) Construction industry 61606 yuan
(6) Wholesale and retail business 64891 yuan
(7) 87331 yuan for transportation, warehousing and postal services
(8) Accommodation and catering industry 45984 yuan
(9) Information transmission, software and information technology service industry 91501 yuan
(10) Financial industry 125279 yuan
(11) Real estate 69174 yuan
(12) Leasing and business service industry 56702 yuan
(13) Scientific research and technical service industry 91438 yuan
(14) Water conservancy, environment and public facilities management industry 49279 yuan
(15) 50254 yuan for resident service, repair and other service industries
(16) Education: 78468 yuan
(17) Health and social work 89435 yuan
(18) Culture, sports and entertainment industry 75458 yuan
(19) Public management, social security and social organization 79616 yuan
2、 Calculation method of compensation for Sanmenxia traffic accident:
1. Medical expenses
The medical expenses shall be calculated according to the medical expenses invoice issued by the medical institution, combined with the medical records and the medical expenses clearing documents
2. Rehabilitation expenses
The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts
3. Cosmetic fees and other follow-up treatment fees
The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts
4. Lost time cost
(1) The victim has a fixed income
Lost time cost=actual reduced income due to lost time
(2) The victim has no fixed income and is engaged in agricultural production
Lost time cost=average annual wage of on duty workers in agriculture, forestry, animal husbandry and fishery in Sanmenxia last year (yuan/year) ÷ 365 (days) × lost time (days)
(3) The victim has no fixed income, others
Lost time cost=average annual salary of Sanmenxia residents and other service industries in the previous year ÷ 365 (days) × lost time (days)
Days of missed work: outpatient service: medical treatment time+doctor's order rest time (one outpatient service is calculated as one day of missed work)
Inpatient: length of stay+rest time of doctor's order after discharge (if the rest time of doctor's order determines disability, it can be calculated to the day before disability determination)
5. Nursing expenses
(1) Inpatient care
Nursing fee=average annual salary of Sanmenxia residents and other service industries in the previous year ÷ 365 (days) × number of days in hospital × number of nurses
(2) Short term medical care after discharge
Nursing fee=average annual salary of Sanmenxia residents and other service industries in the previous year ÷ 365 (days) × days of medical care
(3) Long term rehabilitation care after discharge
Nursing cost=average annual salary of Sanmenxia residents and other service industries in the previous year × nursing dependency coefficient × nursing years × number of nurses
6. Transportation expenses
(1) City
Transportation cost=20 (yuan/day) × outpatient times or hospital stay
(2) Out of town
Take long-distance bus, train and other means of transportation, according to the actual calculation of the transportation fee invoice, but generally not more than the travel standard of the national general staff in the place of medical treatment
7. Hospitalized food allowance
Hospitalized food allowance=50 yuan/day × length of stay
8. Nutrition expenses
Nutrition cost=20 yuan/day × length of stay
9. Accommodation expenses
Calculated according to the actual accommodation invoice, it shall not exceed the travel standard of general staff of state organs
10. Disability compensation
(1) The victim is under 60 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient
(2) The victim is between 60 and 75 years old
Resident disability compensation=per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient
(3) The victim is over 75 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient
11. Disability aids
Cost of disability aids=reasonable cost of common and applicable appliances × number of appliances
12. Funeral expenses
Amount of compensation for funeral expenses=average monthly salary of employees in the previous year (yuan/month) × 6 months
13. Death compensation
(1) The victim is under 60 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 20 years
(2) The victim is between 60 and 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the last year where the court is located × (80 age)
(3) The victim is over 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 5 years
14. Living expenses of the dependant
(1) The dependant is under the age of 18
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × (18 - actual age of the dependents) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(2) The dependant is between 18 and 60 years old, unable to work and has no other source of income
Compensation amount for living expenses of residents and dependents=(per capita consumption expenditure of urban residents in the last year where the court is located × 20 years) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(3) The dependant is 60-75 years old, unable to work and has no other source of income
Compensation amount for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the previous year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (If the victim dies, the coefficient is not included in the calculation)
(4) The dependant is over 75 years old, unable to work and has no other source of income
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × 5 years ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(5) When there are several dependants
If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year
15. Comfort fund for mental damage
Mental damage solatium refers to that when the victim suffers from serious personal injury, disability or death, the victim and his close relatives suffer from great mental trauma, and on this basis, the compensation obligor demands a certain amount of compensation for the victim and his close relatives. The specific amount should be based on the degree of fault of the infringer, the consequences of the car accident, the economic capacity of the infringer Comprehensive determination of local economic development and other factors
16. Property loss
The compensation items for traffic accidents may also include the expenses incurred for repairing the damaged vehicle, the loss of the articles contained in the vehicle, the vehicle rescue cost, the replacement cost of the vehicle due to the loss of the vehicle or the inability to repair the vehicle, the reasonable shutdown losses caused by the inability to engage in corresponding business activities, and the reasonable expenses of the ordinary alternative transportation vehicles caused by the inability to continue using non business vehicles
17. Appraisal fee
The appraisal fee is calculated according to the actual personal injury and disability degree and the actual bill
18. Appraisal fee
Calculated according to the actual property appraisal expenses and the actual bills
