Compensation standard for minor injuries in Tongliao

Compensation standard for Tongliao minor injury

1. Slight injury but no disability

Amount of compensation=medical expenses+rehabilitation expenses, cosmetic surgery expenses and follow-up treatment expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+emotional distress compensation+legal costs

Medical expenses: calculated according to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records, diagnosis certificates and expense lists

Rehabilitation fee, plastic surgery fee and follow-up treatment fee: determined according to medical certificate or expert opinion

Lost time fee: if the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income of the victim; If the victim does not have a fixed income, the lost wages shall be calculated according to the average income of the victim in the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he shall be calculated with reference to the average wages of employees in the same or similar industries in the previous year published by the statistics department of the People's Government of Tongliao Autonomous Region

Nursing fee: if the nursing staff has income, it shall be calculated according to the actual reduced income; If there is no fixed income or nursing workers are employed, they shall be calculated by referring to the labor remuneration standard for nursing workers of the same level in Tongliao Autonomous Region

Transportation fee: calculated according to the official bill of actual expenses

Hospitalization allowance and board expenses: determined by reference to the standard of board allowance for general staff of Tongliao Autonomous Region's state organs on business trips

Nutrition expenses: determined by reference to the food allowance standard for general staff of Tongliao Autonomous Region's state organs on business trips

Accommodation expenses: calculated according to the reasonable expenses actually incurred by the victim and his necessary caregivers for medical treatment or transfer

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

Litigation costs: the litigation costs of the case shall be handled in accordance with the provisions of the corresponding laws

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: determined according to the invoice issued by the appraisal agency

Tongliao Minor Injury Compensation Project

1. Slight injury but no disability

Amount of compensation=medical expenses+rehabilitation expenses, cosmetic surgery expenses and follow-up treatment expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+emotional distress compensation+legal costs

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

Calculation method of Tongliao light damage

1、 Publicized data of Tongliao Autonomous Region Statistics Bureau:

1. The per capita disposable income of the whole district in the previous year was 35921 yuan;

2. The per capita disposable income of urban households in the previous year was 46295 yuan;

3. The per capita disposable income of rural households in the previous year was more than 19600 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 26667 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 15444 yuan;

6. Average wages of employees in all industries and industries in the previous year (year/person):

(1) Agriculture, forestry, animal husbandry and fishery: 71429 yuan

(2) Mining industry 142301 yuan

(3) Manufacturing 91047 yuan

(4) Electricity, heat, gas and water production and supply industry 120748 yuan

(5) 60880 yuan for construction industry

(6) Wholesale and retail trade 79896 yuan

(7) 104584 yuan for transportation, warehousing and postal services

(8) 48506 yuan for accommodation and catering

(9) Information transmission, software and information technology service industry 113337 yuan

(10) Financial industry 97446 yuan

(11) Real estate 59438 yuan

(12) 70688 yuan for leasing and business services

(13) Scientific research and technical service industry 92225 yuan

(14) Water conservancy, environment and public facilities management industry 52855 yuan

(15) 55730 yuan for resident service, repair and other service industries

(16) Education 91871 yuan

(17) Health and social work 91562 yuan

(18) 84989 yuan for culture, sports and entertainment

(19) Public management, social security and social organization 81234 yuan

2、 Calculation method of minor injury compensation in Tongliao Autonomous Region:

1. Medical expenses

Medical expenses=registration fee+diagnosis and treatment fee+medical expenses+hospitalization expenses+other medical expenses, which should be combined with the patient's case and diagnosis certificate

2. Rehabilitation fee, plastic surgery fee and follow-up treatment fee

Determined according to medical certificate or expert opinion

3. Delay 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

Lost time pay=average annual salary of the victim in the last three years (yuan/year) ÷ 365 (days) × lost time (days)

(3) The victim has no fixed income and cannot provide evidence to prove his average income in the last three years

Lost time cost=average annual wage of Tongliao employees in the same or similar industries in the previous year (yuan/year) ÷ 365 (days) × lost time (days)

4. Nursing expenses

It is 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 referring to the standard of work delay fee; If the nurses have no income or employ nursing workers, they shall be calculated according to the labor remuneration standard of Tongliao Autonomous Region for nursing workers of the same level

5. Transportation expenses

Calculated according to the actual expenses incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital

6. Hospitalized food allowance

Hospitalized food allowance=traveling food allowance standard for general staff of Tongliao Autonomous Region's state organs (yuan/day) × length of stay

If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the actual accommodation and food expenses (reasonable part) of the victim and his/her caregivers also belong to the category of hospitalization food subsidies

7. Nutrition expenses

Nutrition cost=food allowance standard for general staff of Tongliao Autonomous Region's state organs on business trip × nutrition period

8. Accommodation expenses

Calculated according to the reasonable expenses actually incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital

9. 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

10. Disability aids

Cost of disabled auxiliary equipment=price of equipment (based on common applicable type) × quantity of equipment × replacement times of equipment (compensation period ÷ service life of equipment)

11. 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

11. 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

13. Appraisal fee

The appraisal fee shall be confirmed according to the amount contained in the invoice issued by the appraisal institution

14. Legal costs

Litigation fees shall be handled in accordance with the provisions of the Court's Measures for Payment of Litigation Costs

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