Calculation method of level 10 disability in Hongkou District
1、 Publicized data of Hongkou District Statistics Bureau:
1. The per capita disposable income of the whole city in the previous year was 79610 yuan;
2. The per capita disposable income of urban households in the previous year was 84034 yuan;
3. The per capita disposable income of rural households in the previous year was 39729 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 48111 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 27430 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 69504 yuan
(2) Mining industry 67457 yuan
(3) Manufacturing industry: 86707 yuan
(4) Electricity, heat, gas and water production and supply industry 134343 yuan
(5) Construction industry 73221 yuan
(6) Wholesale and retail business 97427 yuan
(7) 109125 yuan for transportation, warehousing and postal service
(8) 50328 yuan for accommodation and catering
(9) 143350 yuan for information transmission, software and information technology service industry
(10) Financial industry 131573 yuan
(11) Real estate industry 91617 yuan
(12) 75274 yuan for leasing and business services
(13) Scientific research and technical service industry 139416 yuan
(14) 69001 yuan for water conservancy, environment and public facilities management
(15) 76355 yuan for resident service, repair and other service industries
(16) Education 111035 yuan
(17) Health and social work 142942 yuan
(18) 96891 yuan for culture, sports and entertainment
(19) 126864 yuan for public management, social security and social organizations
2、 Calculation method of Level 10 disability compensation in Hongkou District:
1. Medical expenses
It is determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institution, combined with medical records, diagnosis certificates and other relevant evidence
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, 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. Grade 10 disability compensation
(1) General level 10 disability compensation for personal injury:
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 × 10%
Victim aged 60-75:
Resident disability compensation=per capita disposable income of urban residents in the last year where the court is located × (80 age) × 10%
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 × 10%
(2) Grade 10 disability compensation for industrial injury:
One time industrial injury and disability subsidy: 7 months' salary.
One time medical subsidy for work-related injuries: the average monthly salary of the city's employees for three months in the previous year.
If the labor or employment contract expires or terminates, or the employee himself proposes to terminate the labor or employment contract, the occupational injury insurance fund shall pay a one-time occupational injury medical subsidy. If the injured person proposes to terminate the labor relationship with the employer, and the time of termination of the labor relationship is less than 5 years from the statutory retirement age, the one-time medical subsidy for work-related injuries and the one-time disability employment subsidy will decrease by 20% for each year of reduction in the length of less than one year, except for the circumstances specified in Article 38 of the Labor Contract Law of the People's Republic of China.
One time disability employment subsidy: it is the average monthly salary of the city's employees for three months in the previous year, and the compensation standard is equal to the one-time medical subsidy for work-related injuries, which shall be paid by the employer.
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. 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 × 10%
(2) The dependant is between 18 and 60 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 × 20 years) ÷ number of dependents × 10%
(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 × 10%
(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 previous year where the court is located × 5 years ÷ number of dependents × 10%
(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
11. 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
