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Primary compensation standard for minor injury

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Primary compensation standard for minor injury


        

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  • 2024-06-18 23:00:57

    The first level of minor injury does not determine the amount of compensation, but the nature of the case. The specific compensation depends on your specific losses, such as medical expenses, lost time fees, nursing fees, etc. In addition, a disability appraisal is made to see whether it constitutes disability and how many levels of disability. Different disability levels have different one-time disability compensation standards.
    1. Medical expenses: If the victim goes to several hospitals with the same distance for treatment, the medical expenses of the first hospital should generally be recognized, except for the hospital's treatment errors or other special circumstances.
    2. Lost time fee: The date of the victim's lost time shall be determined according to the actual damage degree, recovery status, and with reference to the forensic identification or the certificate issued by the treatment hospital.
    3. Board expenses: board allowance for hospitalization, which shall be compensated by multiplying the standard of board allowance for general staff of state organs on business trips (yuan/day) by the number of days of hospitalization.
    4. Nursing expenses: The ability of the victim to take care of himself/herself after being injured should generally be identified by the forensic medical identification or the certificate issued by the treatment hospital. If the victim really cannot take care of himself/herself, his/her nursing fees shall be compensated.
    5. Transportation expenses: If the victim goes to the local hospital for treatment or has to be transferred to another hospital for treatment, the transportation expenses of the victim and the necessary nursing staff shall be compensated.
    6. Accommodation fee: If the victim who has to go to another hospital for treatment really needs to wait for treatment due to the lack of beds in the hospital or other reasons, and the injury is not allowed to return home, or the transportation fee to return home is higher than the accommodation fee, the accommodation fee of the victim and the necessary nursing staff shall be compensated.
    7. Nutritional expenses: If the victim is seriously injured and needs to be supplemented with nutritional food as an auxiliary treatment, the expenses can be compensated according to the circumstances after forensic appraisal or medical treatment hospital certification.
    8. Comfort money: Mental damage comfort money is a kind of economic compensation that causes mental pain and trauma to the victim or the victim's close relatives while causing physical pain or physical disability or death to the victim due to the infringer's infringement. The specific amount of consolation for mental damage shall be decided by the court according to the actual situation.

    Legal basis: Full Text of Judicial Interpretation of Personal Injury Compensation

    Article 17

    If the victim suffers from personal injury, the compensation obligor shall compensate for various expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board subsidies, and necessary nutrition expenses.
    If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increased living needs and the income loss caused by the loss of working ability, including disability compensation, disability auxiliary equipment fees, the living expenses of the dependants, as well as the necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred due to rehabilitation care and continuous treatment.
    If the victim dies, the compensation obligor shall, in addition to the relevant expenses specified in the first paragraph of this article according to the rescue and treatment, compensate for the funeral expenses, the living expenses of the dependants, the death compensation expenses, and other reasonable expenses such as the transportation expenses, accommodation expenses and loss of work delay incurred by the relatives of the victim in handling the funeral matters.

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