Hetian Personal Injury Calculation Method
1、 Publicized data of Hetian Uygur Autonomous Region Statistics Bureau:
1. The per capita disposable income of the whole district in the previous year was 27063 yuan;
2. The per capita disposable income of urban households in the previous year was 38410 yuan;
3. The per capita disposable income of rural households in the previous year was 16550 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 24142 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 12169 yuan;
6. Last year, the average annual salary of non private employees in Hotan Town was 96749 yuan;
7. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 56131 yuan
(2) Mining industry 160056 yuan
(3) Manufacturing 88422 yuan
(4) Electricity, heat, gas and water production and supply industry 123101 yuan
(5) Construction industry 81501 yuan
(6) Wholesale and retail trade 87274 yuan
(7) 114087 yuan for transportation, warehousing and postal services
(8) 50496 yuan for accommodation and catering
(9) 119526 yuan for information transmission, software and information technology service industry
(10) Financial industry 132160 yuan
(11) Real estate 62481 yuan
(12) 63424 yuan for leasing and business services
(13) Scientific research and technical service industry 110854 yuan
(14) 58055 yuan for water conservancy, environment and public facilities management
(15) 60365 yuan for resident service, repair and other service industries
(16) Education 94580 yuan
(17) Health and social work 109642 yuan
(18) 98245 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 83364 yuan
2、 Calculation method of personal injury compensation in Hotan Uygur Autonomous Region:
1. Medical expenses
Medical expenses=diagnosis and treatment expenses+medical expenses+hospitalization expenses, which shall be calculated according to the medical expenses invoice issued by the medical institution, combined with the medical records and 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 can provide evidence to prove his average annual income in the last three years
Lost time cost=average annual income of 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 annual income in the last three years
Lost time cost=average annual salary of employees in the same or similar industries in Hotan 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 after discharge (if the patient is absent from work due to disability, it can be calculated to the day before disability determination)
5. Nursing expenses
(1) Inpatient nursing and short-term medical advice nursing after discharge
If the nursing staff has income, it shall be calculated by referring to the standard of work delay fee; If a nurse has no income or employs a nurse, the nursing fee=the average annual salary of the previous year in the same area or similar industries in Hotan (yuan/year) ÷ 365 (days) × hospital stay × number of nurses
(2) Long term rehabilitation care after discharge
Nursing cost=last year's average salary (yuan/year) in the same area or similar industries in Hotan × nursing dependency coefficient × nursing years × number of nurses
6. Transportation expenses
Calculated according to the actual cost official bills, it generally does not exceed 30 yuan/day in the city, and generally does not exceed the travel standard of national general staff outside the city
7. Hospitalized food allowance
The food allowance for hospitalization is generally 80 yuan/day, and under special circumstances, it cannot exceed 120 yuan/day
8. Nutrition expenses
Nutrition cost=30 yuan/day × hospitalization days or nutrition period
9. 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 expenses for the victim's relatives to handle funeral affairs when the victim dies
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
Calculated according to the reasonable cost standard of common and applicable appliances; If the injury has special needs, the corresponding reasonable cost standard shall 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
12. Funeral expenses
Amount of compensation for funeral expenses=average monthly salary of non private employees in Hotan Town 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 fault degree of the infringer, the consequences caused, the economic capacity of the infringer Comprehensive determination of local economic development and other factors
16. Appraisal fee
The appraisal fee is calculated according to the actual personal injury and disability degree and the actual bill
The above content is integrated with laws and regulations, government websites and Internet related knowledge for reference only. In case of infringement, please submit information through the complaint channel, and we will deal with it in a timely manner as required.
