Calculation method of personal injury in Beijing
1、 Publicized data of Beijing Municipal Bureau of Statistics:
1. The per capita disposable income of the whole city in the previous year was 77415 yuan;
2. The per capita disposable income of urban households in the previous year was 84023 yuan;
3. The per capita disposable income of rural households in the previous year was 34754 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 45617 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 23745 yuan;
6. In the previous year, the average wage of all urban unit employees in Beijing was 127535 yuan (10628 yuan/month);
7. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 77376 yuan
(2) Mining industry 152773 yuan
(3) Manufacturing 169210 yuan
(4) Electricity, heat, gas and water production and supply industry 198210 yuan
(5) Construction industry 146308 yuan
(6) Wholesale and retail 180062 yuan
(7) Transportation, warehousing and postal services 134361 yuan
(8) 63642 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 290038 yuan
(10) Financial industry 298200 yuan
(11) Real estate 131866 yuan
(12) 168331 yuan for leasing and business services
(13) Scientific research and technical service industry 215797 yuan
(14) 114095 yuan for water conservancy, environment and public facilities management
(15) 78845 yuan for resident service, repair and other service industries
(16) Education 201129 yuan
(17) Health and social work 216920 yuan
(18) Culture, sports and entertainment industry 224007 yuan
(19) Public management, social security and social organizations 176154 yuan
2、 Calculation method of compensation for personal injury in Beijing:
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
(1) Including registration fee, medical fee, examination fee, hospitalization fee and others.
(2) The medical expenses shall be determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institutions, combined with the medical records, diagnosis certificates and other relevant evidence.
(3) 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.
(4) 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
2. Lost time cost
Lost time pay=the victim's fixed income (day/month/year) × lost time or (the average income of the last three years or the average wage of employees in the same (near) industry where the court is located in the last year ÷ 365 days) × lost time days
(1) The lost time fee is determined according to the lost time and income of the victim
(2) The time of missed work shall be determined according to the certificate issued by the medical institution where the victim receives treatment
(3) If the victim continues to be absent from work due to disability, the time of absence can be calculated to the day before the date of disability determination
3. 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 nurses have no income or employ nursing workers, they shall be calculated according to the labor remuneration standard of local nursing workers engaged in nursing of the same level
4. 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
5. Hospitalized food allowance
Hospitalized food allowance=food allowance standard for general staff of local state organs on business trip (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
6. Nutrition expenses
According to the disability of the victim and the opinions of the medical institution, 20-40 yuan/day × nutrition period
7. Accommodation expenses
The accommodation expenses actually incurred by the victim and his/her nursing staff when the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons; Accommodation fees indicated by the victim's relatives for funeral when the victim dies
8. 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
9. Disability aids
Calculated according to the reasonable cost standard of common and applicable appliances; If the injury has special needs, the corresponding reasonable cost standard can be determined with reference to the opinions of the auxiliary appliance preparation organization. The replacement cycle and maintenance cost of auxiliary appliances shall be determined according to the opinions of the preparation organization
10. Funeral expenses
Amount of compensation for funeral expenses=average monthly wage standard of employees in the previous year at the location of the court of appeal × 6 months
11. 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
12. Living expenses of dependants
(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
Amount of compensation for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the last year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (if the victim dies, this 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
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
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