How to calculate the lost time fee, nursing fee and nutrition fee for right hand ulna and radius fracture during working hours?
Items and standards of personal injury compensation: the compensation obligor shall compensate the medical expenses and income reduced due to missed work, including all expenses such as medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. Items and standards of disability compensation: actual damage. The compensation obligor shall also compensate the necessary expenses incurred due to the increase of living needs and the income loss caused by the loss of working ability, including disability compensation, disability assistive devices, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred for rehabilitation nursing and continuing treatment. Items and standards of mental damage: If the obligee (victim or close relative of the deceased) requests compensation for mental damage from the people's court, it shall be determined according to the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort. The right to claim compensation for mental damage shall not be transferred or inherited. However, the obligor for compensation has promised to pay monetary compensation in writing, or the obligee for compensation has brought a lawsuit to the people's court. Lost time: determined according to the lost time and income of the victim. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. Nutrition fee and hospitalization food subsidy: The nutrition fee is determined according to the disability of the victim and with reference to the opinions of medical institutions. Heard about the loss. In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary staff of local state organs. The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated. Nursing expenses: determined according to the income of nursing staff, the number of nurses and the nursing period. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference. The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. Nursing after the victim's disability is actually mental compensation in traffic accidents. The nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS. When your friend claims for compensation, it is related to the owner and driver of the other vehicle, and an agreement needs to be reached through consultation, which has nothing to do with whether the insurance company they insure will compensate or not. If negotiation fails, it can be settled through the court, and the court will support a reasonable limit.