Calculation method of personal injury in Lin'an District
1、 Publicized data of Lin'an District Statistics Bureau:
1. The per capita disposable income of provincial residents in the previous year was 60302 yuan;
2. The per capita disposable income of urban households in the previous year was 71268 yuan;
3. The per capita disposable income of rural households in the previous year was 37565 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 44511 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 27483 yuan;
6. Last year, the average annual salary of non private sector employees in Lin'an District was 122309 yuan;
7. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 80806 yuan
(2) 99510 yuan for mining industry
(3) Manufacturing industry 97735 yuan
(4) 168584 yuan for power, heat, gas and water production and supply
(5) Construction industry 75792 yuan
(6) Wholesale and retail business 120042 yuan
(7) Transportation, warehousing and postal services 121968 yuan
(8) Accommodation and catering industry 61543 yuan
(9) Information transmission, software and information technology service industry 257631 yuan
(10) Financial industry 175773 yuan
(11) Real estate 106292 yuan
(12) Leasing and business service yuan
(13) Scientific research and technical service industry 96730 yuan
(14) Water conservancy, environment and public facilities management industry 174772 yuan
(15) 81802 yuan for resident service, repair and other service industries
(16) Education 151272 yuan
(17) Health and social work 179535 yuan
(18) Culture, sports and entertainment 138718 yuan
(19) Public management, social security and social organization 177553 yuan
2、 Data released by Ningbo Municipal Bureau of Statistics:
1. The per capita disposable income of all residents in Ningbo last year was 68348 yuan;
2. The per capita disposable income of urban households in Ningbo last year was 76690 yuan;
3. The per capita disposable income of rural households in Ningbo last year was 45487 yuan;
4. The per capita consumption expenditure of Ningbo urban residents in the previous year was 47916 yuan;
5. The per capita consumption expenditure of rural residents in Ningbo last year was 29514 yuan;
6. The average annual salary of non private sector employees in Ningbo last year was 111286 yuan;
3、 Calculation method of personal injury compensation in Lin'an District:
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. 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 private sector employees in the previous year in the province and city specifically designated in the state plan where the court is located ÷ 365 (days) × lost time (days)
3. Nursing expenses
(1) Inpatient care
If the nursing fee has evidence of expenditure and is not significantly higher than the market price, it shall be calculated according to the facts; If there is no evidence of expenditure, the nursing fee=the average annual salary of private sector employees in the previous year in the province where the court is located or in the city specifically designated in the state plan ÷ 365 (days) × hospital stay × number of nurses
(2) Non hospitalization
Nursing cost=average annual salary of private sector employees in the previous year in the province where the court is located and in the city specifically designated in the state plan × nursing dependency coefficient × nursing years × number of nurses
Degree of nursing dependence: 100% for complete nursing dependence, 80% for most nursing dependence, and 50% for some nursing dependence
(3) Short term care after discharge
Nursing fee=average annual salary of private sector employees in the previous year in the province where the court is located and in the city specifically designated in the state plan × nursing dependency coefficient (i.e. 50%) × length of care × number of nurses
(4) During intensive care unit (ICU)
Generally, the nursing fee is not calculated, except for those who really need additional care
4. Transportation expenses
(1) Local medical treatment
Transportation cost=30 (yuan/day) × outpatient times or hospital stay
(2) Out of town medical treatment
Taking long-distance bus, train and other means of transportation shall be calculated according to the actual transportation fee invoice, but generally shall not exceed the travel standard for general staff of state organs in provinces and cities specifically designated in the state plan where the court is located
5. Hospitalized food allowance
Hospitalized food allowance=100 yuan/day × length of stay
6. Nutrition expenses
Nutrition cost=30 yuan/day × length of stay
7. Accommodation expenses
The victim really needs to go to other places for treatment, and cannot be hospitalized due to objective reasons. The accommodation expenses actually incurred by the victim and his/her nursing staff shall generally not exceed the travel standards for general staff of the state organs in the province or city specifically designated in the plan where the court is located
8. Disability compensation
General areas in Lin'an District (except Ningbo): calculated according to the per capita disposable income of urban residents in Lin'an District in the previous year
Ningbo, Lin'an District: calculated according to the per capita disposable income of urban residents in Ningbo last year
(1) The victim is under 60 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year in the province and city specifically designated in the state plan 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 previous year in the province and city specifically designated in the state plan 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 in the province and city specifically designated in the state plan where the court is located × 5 years × disability coefficient
9. Disability aids
(1) Total compensation for disability aids=disability aids cost+disability aids maintenance cost;
(2) Cost of disability aids=price of disability aids × times of appliance preparation;
(3) Maintenance cost of disabled auxiliary devices (applicable to artificial limbs)=artificial limb price × annual maintenance rate × (compensation period - number of devices prepared);
(4) Number of preparation times of tools=compensation period ÷ service life of tools (if the quotient obtained has surplus, the number of replacement times is the integer value of quotient+1)
10. Funeral expenses
Amount of compensation for funeral expenses=average monthly salary standard of non private employees in the previous year in the province where the court is located and in the city specifically designated in the state plan × 6 months
11. Death compensation
General areas in Lin'an District (except Ningbo): calculated according to the per capita disposable income of urban residents in Lin'an District in the previous year
Ningbo, Lin'an District: calculated according to the per capita disposable income of urban residents in Ningbo last year
(1) The victim is under 60 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year in the province and city specifically designated in the state plan 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 previous year in the province and city specifically designated in the state plan where the court is located × (80 age)
(3) The victim is over 75 years old
Compensation for death of urban residents=per capita disposable income of urban residents in the previous year in the province and city specifically designated in the state plan where the court is located × 5 years
12. Living expenses of dependants
General areas in Lin'an District (except Ningbo): calculated according to the per capita consumption expenditure standard of Lin'an District in the previous year
Ningbo, Lin'an District: calculated according to the per capita consumption expenditure standard of Ningbo in the previous year
(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
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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