Nanjing Personal Injury Calculation Method
1、 Publicized data of Nanjing Statistics Bureau:
1. The per capita disposable income of the whole province in the previous year was 49862 yuan;
2. The per capita disposable income of urban households in the previous year was 60178 yuan;
3. The per capita disposable income of rural households in the previous year was 28486 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 37796 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 22597 yuan;
6. Last year, the wage income of the per capita disposable income of the provincial residents was 28124 yuan, the net operating income was 6421 yuan, and the average burden coefficient was 1.84;
7. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 54841 yuan
(2) Mining industry 118302 yuan
(3) Manufacturing 103619 yuan
(4) 161610 yuan for power, heat, gas and water production and supply industry
(5) 78114 yuan for construction industry
(6) Wholesale and retail trade 107279 yuan
(7) 110171 yuan for transportation, warehousing and postal services
(8) 56449 yuan for accommodation and catering
(9) 180782 yuan for information transmission, software and information technology service industry
(10) Financial industry 164177 yuan
(11) Real estate 95203 yuan
(12) Leasing and business services 85183 yuan
(13) Scientific research and technical service industry 157913 yuan
(14) Water conservancy, environment and public facilities management industry 87686 yuan
(15) 82409 yuan for resident service, repair and other service industries
(16) Education 149417 yuan
(17) Health and social work 153012 yuan
(18) Culture, sports and entertainment 123618 yuan
(19) Public management, social security and social organizations 171844 yuan
2、 Calculation method of Nanjing personal injury compensation:
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
Determined according to the income of the victim and the time lost
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
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, 30-50 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
The infringement time is before April 30, 2024:
(1) The victim is under 60 years old
Residents' disability compensation=(the per capita wage income of the province's residents in the previous year+the per capita net operating income of the province's residents in the previous year) × the average burden coefficient of the province in the previous year × the proportion of labor force loss × 20 years
(2) The victim is between 60 and 75 years old
Residents' disability compensation=(the per capita wage income of the province's residents in the previous year+the per capita net operating income of the province's residents in the previous year) × the average burden coefficient of the province in the previous year × the proportion of labor force loss × (80 age)
(3) The victim is over 75 years old
Residents' disability compensation=(the per capita wage income of the province's residents in the previous year+the per capita net operating income of the province's residents in the previous year) × the average burden coefficient of the province in the previous year × the proportion of labor force loss × 5 years
The infringement time is after May 1, 2024:
(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
The infringement time is before April 30, 2024:
(1) The victim is under 60 years old
Compensation for death of residents=(per capita wage income of provincial residents in the previous year+per capita net operating income of provincial residents in the previous year) × average burden coefficient of the province in the previous year × 20 years
(2) The victim is between 60 and 75 years old
Compensation for death of residents=(per capita wage income of provincial residents in the previous year+per capita net operating income of provincial residents in the previous year) × average burden coefficient of the province in the previous year × (80 age)
(3) The victim is over 75 years old
Compensation for death of residents=(per capita wage income of provincial residents in the previous year+per capita net operating income of provincial residents in the previous year) × average burden coefficient of the province in the previous year × 5 years
The infringement time is after May 1, 2024:
(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
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.
