Compensation standard for minor injury in Anyang

Compensation standard for minor injury in Anyang

1. Slight injury but no disability

Compensation amount=medical expenses+rehabilitation expenses+plastic surgery expenses and other follow-up treatment expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual damage relief funds

Medical expenses: calculated according to the medical expenses invoice issued by the medical institution, combined with medical records and medical expenses clearing documents

Rehabilitation cost: calculated according to the actual situation according to the doctor's advice or judicial expertise

Cosmetic fees and other follow-up treatment fees: calculated according to the actual situation according to the inevitable expenses determined by medical advice or judicial expertise

Lost time fee: if the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income; For those who have no fixed income and are engaged in agricultural production, it shall be calculated according to the average annual wages of the on-the-job workers of Anyang agriculture, forestry, animal husbandry and fishery in the previous year; If there is no fixed income, in other cases, it shall be calculated according to the average annual wage of Anyang residents and other service industries in the previous year

Nursing fee:

(1) Inpatient care

Nursing fee=the average annual salary of Anyang resident services and other service industries in the previous year ÷ 365 (days) × days of hospitalization × number of nurses

(2) Short term medical care after discharge

Nursing fee=average annual salary of Anyang residents' service and other service industries in the previous year ÷ 365 (days) × days of medical care

(3) Long term rehabilitation care after discharge

Nursing cost=last year's average annual salary of Anyang residents and other service industries × nursing dependency coefficient × nursing years × number of nurses

Transportation expenses: the standard of transportation expenses in the city is 20 yuan/day, and the standard of travel expenses outside the city shall not exceed the standard of general national staff

Hospitalization food allowance: the standard of hospitalization food allowance is 50 yuan/day × length of stay

Nutrition fee: nutrition fee standard is 20 yuan/day × hospital stay

Accommodation fee: calculated according to the accommodation invoice, which shall not exceed the travel standard of general staff of state organs

Comfort fund for mental damage: it shall be determined according to the injury of the victim, and the specific amount shall be determined comprehensively according to the fault degree of the infringer, the resulting consequences, the economic capacity of the infringer, the local economic development and other factors

2. Disability due to minor injury

Amount of compensation=relevant expenses of minor injury but no disability compensation project+disability compensation+disability auxiliary equipment expenses+living expenses of dependants+appraisal expenses

Disability compensation:

(1) Under the age of 60: per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient

(2) 60-75 years old: per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient

(3) Over 75 years old: per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient

Cost of disability aids: calculated according to the reasonable cost standard of common and applicable appliances

Living expenses of the dependents: calculated according to the per capita consumption expenditure standard of urban residents in the previous year where the court is located. If the supported person is a minor, he shall be counted to the age of 18; If the dependant has no ability to work and no other source of income, 20 years shall be counted. For those over 60 years of age, one year will be reduced for each additional year of age; Five years for those over 75

Appraisal fee: the appraisal fee is calculated according to the actual degree of personal injury and disability and in combination with the actual bill

Anyang Minor Injury Compensation Project

1. Slight injury but no disability

Compensation amount=medical expenses+rehabilitation expenses+plastic surgery expenses and other follow-up treatment expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual damage relief funds

2. Disabled but not dead due to minor injury

Amount of compensation=relevant expenses of minor injury but no disability compensation project+disability compensation+disability auxiliary equipment expenses+living expenses of dependants+appraisal expenses

Anyang Light Damage Calculation Method

1、 Publicized data of Anyang 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 industry more than 60000 yuan

(4) Electricity, heat, gas and water production and supply industry 100153 yuan

(5) Construction industry 61606 yuan

(6) Wholesale and retail industry more than 60000 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 Anyang light injury compensation:

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 Anyang last year (yuan/year) ÷ 365 (days) × lost time (days)

(3) The victim has no fixed income, others

Lost time cost=average annual wage of Anyang residents' service 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 Anyang residents' service and other service industries in the previous year ÷ 365 (days) × days of hospitalization × number of nurses

(2) Short term medical care after discharge

Nursing fee=average annual salary of Anyang residents' service and other service industries in the previous year ÷ 365 (days) × days of medical care

(3) Long term rehabilitation care after discharge

Nursing cost=last year's average annual salary of Anyang residents and other service industries × 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. Living expenses of dependants

(1) The dependant is under the age of 18

Compensation amount for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the previous year where the court is located × (18 - actual age of the dependents) ÷ number of dependents × disability compensation coefficient

(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

(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

(4) The dependant is over 75 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 previous year where the court is located × 5 years ÷ number of dependents × disability compensation coefficient

(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

13. 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 fault degree of the infringer, the consequences caused, the economic capacity of the infringer Comprehensive determination of local economic development and other factors

14. Appraisal fee

The appraisal fee is calculated according to the actual personal injury and disability degree and the actual bill