Calculation method of level 10 disability in Wuyiling District
1、 Publicized data of Wuyiling District Statistics Bureau:
1. The per capita disposable income of the whole province in the previous year was 28346 yuan;
2. The per capita disposable income of urban households in the previous year was 35042 yuan;
3. The per capita disposable income of rural households in the previous year was 18577 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 24011 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 15162 yuan;
6. Average wages of urban non private sector employees in all industries and average wages of industrial employees in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 40996 yuan
(2) Mining industry 98793 yuan
(3) Manufacturing industry 81878 yuan
(4) Electricity, heat, gas and water production and supply industry 92695 yuan
(5) Construction industry 62166 yuan
(6) Wholesale and retail trade 77983 yuan
(7) 93288 yuan for transportation, warehousing and postal services
(8) 41197 yuan for accommodation and catering
(9) 93945 yuan for information transmission, software and information technology services
(10) Financial industry 74150 yuan
(11) Real estate industry 53953 yuan
(12) 92982 yuan for leasing and business services
(13) Scientific research and technical service industry 97529 yuan
(14) Water conservancy, environment and public facilities management industry 43908 yuan
(15) 41953 yuan for resident service, repair and other service industries
(16) Education 92853 yuan
(17) Health and social work 85042 yuan
(18) Culture, sports and entertainment industry 71787 yuan
(19) Public management, social security and social organizations: 76461 yuan
2、 Calculation method of Level 10 disability compensation in Wuyiling District:
1. Medical expenses
The medical expenses shall be calculated according to the medical expense invoice issued by the medical institution, in combination with the medical records and the medical expense clearing documents, including the pre admission emergency expenses on site and in transit
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 cannot provide evidence to prove his average income in the last three years
Fee for rural residents' delay in work=average annual wage of on duty workers in agriculture, forestry, animal husbandry and fishery in Wuyiling District last year (yuan/year) ÷ 365 (days) × delay in work (days)
Cost for urban residents' delay in work=average annual wage of residents' services and other service industries in Wuyiling District in the previous year (yuan/year) ÷ 365 (days) × delay in work (days)
3. Nursing expenses
(1) Nursing staff with income
Nursing cost is calculated according to the standard of lost time cost
(2) The client cannot prove the income status of the nursing staff
Nursing fee=last year's average annual salary of residents' services and other service industries in Wuyiling District ÷ 365 days × nursing days
(3) After the victim is disabled
Nursing cost=last year's average salary of residents' service and other service industries in Wuyiling District × nursing dependency coefficient × nursing years × number of nurses
The compensation coefficient for the degree of nursing dependence is generally 100% for complete nursing dependence, 80% for most nursing dependence, and 50% for some nursing dependence
4. Transportation expenses
According to the actual calculation of the transportation fee invoice, taking long-distance buses, trains, planes and other means of transportation should generally not exceed the national standard for general staff to travel
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
In principle, the food allowance for treatment in other places shall not exceed the travel standard of general staff of local state organs
6. Nutrition expenses
The nutrition fee is determined according to the opinions or appraisal opinions issued by the medical institution
7. Accommodation expenses
Accommodation cost=travel standard of general staff of local state organs × days
8. Grade 10 disability compensation
(1) General level 10 disability compensation for personal injury:
Under the age of 60: per capita disposable income of urban residents in the last year where the court is located × 20 years × 10%
60-75 years old: per capita disposable income of urban residents in the last year where the court is located × (80 age) × 10%
Over 75 years old: per capita disposable income of urban residents in the last 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 injury: 5 months' salary. 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.
One time disability employment subsidy: 6 months' salary. Workers with work-related injuries who have reached retirement age or gone through retirement procedures will not enjoy one-off disability employment subsidies. If the disabled employee is less than 5 years away from the statutory retirement age, the one-time disability employment subsidy shall be paid at the rate of 20% decrease for every 1 year, and 10% of the full amount if the disabled employee is less than 1 year away from the statutory retirement age. If the labor or employment contract expires or terminates, or the employee himself proposes to terminate the labor or employment contract, the employer shall pay a one-time disability employment subsidy
9. Disability aids
The cost of disability assistive devices shall be calculated according to the reasonable cost standard of common and applicable devices
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
