Calculation method of Tongliao personal injury
Publicity data of Tongliao Autonomous Region Statistics Bureau in 2024:
1、 In Article 8 of the Compensation Items and Calculation Methods for Road Traffic Accident Damages in Tongliao Autonomous Region (hereinafter referred to as the "Methods"), "the average wage of employees in the same or similar industries in the autonomous region in the previous year" is:
（1） Agriculture, forestry, animal husbandry and fishery: 29930 yuan (82 yuan)
（2） Mining industry: 70301 yuan (192.6 yuan)
（3） Manufacturing: 45572 yuan (124.85 yuan)
（4） Production and supply of electricity, gas and water: 65109 yuan (178.3 yuan)
（5） Construction industry: 37548 yuan (102.87 yuan)
（6） Transportation, warehousing and postal services: 57649 yuan (157.9 yuan)
（7） Information transmission, computer service and software industry: 54815 yuan (150 yuan)
（8） Wholesale and retail: 40630 yuan (111 yuan)
（9） Accommodation and catering: 32012 yuan (87.7 yuan)
（10） Finance: 73120 yuan (200 yuan)
（11） Real estate: 40326 yuan (110 yuan)
（12） Leasing and business services: 44582 yuan (122 yuan)
（13） Scientific research, technical services and geological exploration industry: 57704 yuan (158 yuan)
（14） Water conservancy, environment and public facilities management: 39662 yuan (108.6 yuan)
（15） Resident services and other service industries: 36953 yuan (101 yuan)
（16） Education: 62179 yuan (170 yuan)
（17） Health, social security and social welfare: 56677 yuan (155 yuan)
（18） Culture, sports and entertainment: 52602 yuan (144 yuan)
（19） Public management and social organization: 56662 yuan (155 yuan)
2、 Nursing fees in Article 9 of the Measures shall be calculated according to the standard of "resident services and other service industries" in Item 15 of Article 1 of the Standard.
3、 In Article 11 of the Measures, the "food allowance standard for general staff of state organs in autonomous regions on business trips" is 50 yuan per person per day outside the region and 40 yuan per day inside the region (hospital food allowance).
The "standard of travel and accommodation expenses for general staff of state organs in autonomous regions" shall not exceed 150 yuan per person per day.
4、 The "nutrition fee" in Article 12 of the Methods shall be calculated according to the standard in Article 3, Paragraph 1 of this Standard.
5、 In Articles 13, 17 and 18 of the Measures, "the per capita disposable income of urban residents in the autonomous region in the previous year" is 25497 yuan. (death compensation 509940 yuan)
6、 Article 14 of the Methods "The average life span of the population in the autonomous region" is 70 years old.
7、 Article 15 of the Measures, "the average monthly wage standard of employees in the autonomous region in the previous year", is 4282 yuan (25692 yuan for funeral expenses).
8、 Article 16 of the Measures: "Per capita consumption expenditure of urban residents in the autonomous region in the previous year" is 19249 yuan; "Per capita annual living consumption expenditure of residents in agricultural and pastoral areas in the autonomous region in the previous year" is 7268 yuan; per capita net income of farmers and herdsmen is 8596 yuan.
Calculation formula of Tongliao personal injury compensation project in 2024:
1. Medical expenses
Registration fee+diagnosis and treatment fee+medical fee+hospitalization fee+other medical expenses, which should be combined with the patient's case and diagnosis certificate.
2. Nursing expenses
It is determined according to the income of nursing staff, the number of nurses and the duration of care.
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, it shall be calculated with reference to the remuneration standard of the local nurse for nursing of the same level.
3. Lost time cost of the victim
It shall be determined according to the income of the victim and the time of missing work.
Fixed income of the victim (day/month/year) × hours of missed work or (average income of the last three years or average wage of employees in the same (near) industry in the location of the court of appeal in the previous year ÷ 365 days) × days of missed work
4. Hospitalized food allowance
Hospitalized food allowance × length of stay
5. Transportation expenses
Calculated according to the actual expenses incurred by the victim and his/her necessary nursing staff for medical treatment or hospital transfer
6. Nutrition expenses
Determined according to the disability of the victim and with reference to the opinions of medical institutions
7. Disability compensation
(1) The victim is under 60 years old
Urban residents' disability compensation=urban residents' per capita disposable income yuan × 20 years × disability compensation coefficient
Rural residents' disability compensation=farmers' per capita net income yuan × 20 years × disability compensation coefficient
(2) The victim is between 60 and 74 years old
Disability compensation for urban residents=per capita disposable income of urban residents × [20 years - (actual age of victim - 60 years)] × disability compensation coefficient
Rural residents' disability compensation=farmers' per capita net income yuan × [20 years - (actual age of victims - 60 years)] × disability compensation coefficient
(3) The victim is over 75 years old
Urban residents' disability compensation=urban residents' per capita disposable income yuan × 5 years × disability compensation coefficient
Rural residents' disability compensation=farmers' per capita net income yuan × 5 years × disability compensation coefficient
Death compensation
(1) The victim is under 60 years old
Compensation for death of urban residents=per capita disposable income of urban residents × 20 years
Compensation for death of rural residents=farmers' per capita net income yuan × 20 years
(2) The victim is between 60 and 74 years old
Compensation for death of urban residents=per capita disposable income of urban residents × [20 years - (actual age of the deceased - 60 years)]
Compensation for death of rural residents=per capita net income of farmers RMB × [20 years - (actual age of the deceased - 60 years old)]
(3) The victim is over 75 years old
Compensation for death of urban residents=per capita disposable income of urban residents × 5 years
Compensation for death of rural residents=farmers' per capita net income yuan × 5 years
8. Comfort fund for mental damage
According to the injury condition of the victim, there is no such fee for those who cannot be rated as disabled generally. The specific amount of mental injury consolation fund that can be obtained for each disability level is mainly at the discretion of the judge.
The infringer is a natural person, generally 1000 to 10000; If the infringer is a legal person or other social organization, the compensation shall generally be five to ten times the compensation standard for natural persons. If the consequences of the damage are particularly serious, the compensation standard may be appropriately raised on the basis of the above.
9. Living expenses of dependents
(1) Dependent under the age of 18
Compensation amount for living expenses of urban residents' dependents=per capita consumption expenditure of urban residents' families × (18 - the actual age of the dependents) ÷ the number of dependents who assume maintenance obligations × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
Amount of compensation for living expenses of rural residents' dependents=per capita living consumption expenditure of farmers' families in yuan × (18 - actual age of the dependents) ÷ number of dependents who assume maintenance obligations × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
(2) The dependant is between 18 and 60 years old
The amount of compensation for living expenses of urban residents' dependents=(per capita consumption expenditure of urban residents' families × 20 years) ÷ the number of dependents who assume maintenance obligations × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
The amount of compensation for living expenses of rural residents' dependents=(the per capita living consumption expenditure of farmers' families is yuan × 20 years) ÷ the number of dependents who bear the maintenance obligation × the disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
(3) Dependent aged 60-74
Amount of compensation for living expenses of urban residents' dependents={Per capita consumption expenditure of urban residents' families × [20 years - (actual age of the deceased - 60 years old)]} ÷ number of dependents who bear maintenance obligations × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
Compensation amount for living expenses of rural residents' dependents={Per capita living consumption expenditure of farmers' families in yuan × [20 years - (the actual age of the deceased is - 60 years old)]} ÷ number of dependents who bear maintenance obligations × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
(4) Dependent over 75 years old
The amount of compensation for living expenses of urban residents' dependents=(per capita consumption expenditure of urban residents' families × 5 years) ÷ the number of dependents who assume maintenance obligations × disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
The amount of compensation for living expenses of rural residents' dependents=(the per capita living consumption expenditure of farmers' families is yuan × 5 years) ÷ the number of dependents who bear the maintenance obligation × the disability compensation coefficient (if the victim dies, it is not multiplied by the disability compensation coefficient)
10. Cost of 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 allocation organization. The replacement cycle and maintenance cost of auxiliary appliances shall be determined according to the opinions of the configuration organization.
11. Follow up treatment fee
Such expenses can be sued separately after they are actually incurred, but the necessary expenses determined according to the medical certificate or the conclusion of judicial expertise can be claimed together with the expenses already incurred.
12. Cosmetic fee
Such expenses can be sued separately after they are actually incurred, but the necessary expenses determined according to the medical certificate or the conclusion of judicial expertise can be claimed together with the expenses already incurred.
13. Rehabilitation expenses
This item is the expenses incurred for organ function recovery training. Such expenses can be sued separately after they are actually incurred, but the necessary expenses determined according to the medical certificate or the conclusion of judicial expertise can be claimed together with the expenses already incurred.
14. 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; When the victim dies, the accommodation fees indicated by the victim's relatives for funeral matters.
15. Calculation formula of compensation for funeral expenses
Amount of compensation for funeral expenses=annual average salary of on duty employees of urban units ÷ 12 months × 6 months
16. Property loss
Compensation items for traffic accidents may also include direct property losses (the actual value of property damage directly caused by traffic accidents, which shall be settled according to the invoice and rationality), operating vehicle shutdown losses, etc.
