Looking at the house fell into a first-degree disability, belonging to personal injury, compensation items are: medical expenses, lost wages, nursing care, transportation, accommodation, hospital meal allowance, necessary nutrition and disability compensation, disability aids, rehabilitation costs, dependent living expenses.
1, medical expenses
Medical treatment costs of compensation, generally should be the location of the treatment hospital's diagnostic certificate and medical expenses, treatment costs, hospitalization costs of bills or medical records, prescriptions.
2, lost wages
determined according to the victim's lost time and income status.
The date of the victim's lost wages shall be determined according to the actual extent of the damage, the recovery status and with reference to forensic medical examination or certificate issued by the treating hospital.
The victim has a fixed income, compensation for lost wages shall be calculated according to the actual loss of income.
The victim does not have a fixed income, according to the average income of the last three years; the victim can not prove the average income of the last three years, the average wage of the same or similar industries in Hainan Province, the last year the average wage of employees.
3, food expenses
Hospitalization meal allowance, in accordance with the general staff of state organs on a business trip meal allowance standard (yuan / day) x hospitalization days compensation.
4, nursing costs
determined according to the income status of the nursing staff and the number of nursing, nursing period.
If the caregiver has income, the compensation for nursing fee can be calculated in accordance with the provisions of this opinion on lost wages.
Where the caregiver has no income, the compensation for the nursing fee may be calculated in accordance with the standard of the average cost of living of local residents.
5. Transportation expenses
The bills for transportation expenses shall be consistent with the number of medical visits. If the number of bills is less than the number of visits to the hospital, the actual bills can be recognized; if the number of bills is more than the number of visits to the hospital, the actual number of visits to the hospital should be recognized.
6. Accommodation expenses
Compensation for accommodation expenses can be calculated in accordance with the standard of accommodation for the general staff of the local state organs on business trips, based on the receipts of accommodation expenses.
7. Nutritional expenses
Compensation for nutritional expenses may be calculated at the rate of forty to sixty percent of the average cost of living standard for local residents.
8. Disability compensation
(1) The victim is under 60 years old
Urban residents = per capita disposable income of urban residents x 20 years (disability compensation factor);
Rural residents = net income of rural residents x 20 years (double compensation factor).
(2) The victim is between the ages of 60-74
Urban residents = per capita disposable income of urban residents × [20 years - (actual age of the victim - 60 years old)] × 90% (coefficient of compensation for disability);
Rural residents = per capita net income of farmers × [20 years - (actual age of the victim - 60 years old)] × 90% (coefficient of compensation for disability). coefficient).
(3) The victim is over 75 years old
Urban residents = urban residents' per capita disposable income of RMB x 5 years x 90% (disability compensation coefficient);
Rural residents = farmers' per capita net income of RMB x 5 years x 90% (disability compensation coefficient).
9. Disability Appliance Fees
If the disability requires the fitting of compensatory appliances, the amount of compensation shall be calculated in accordance with the cost of the popularized appliances based on the certificate of the treating hospital or the forensic opinion, and taking into account the age of the user, the average life expectancy of China's population, and the years of use of the appliances.
12. Living expenses for dependents
(1) Dependents under 18 years of age
Urban residents = per capita consumption expenditure of urban residents' families Yuan × (18 - actual age of dependents) (disability compensation coefficient);
Rural residents = per capita consumption expenditure of farmers' families Yuan × (18 - actual age of dependents) (disability compensation coefficient). compensation coefficient).
(2) Dependents between the ages of 18 and 60
Urban residents = per capita consumption expenditure of urban residents x 20 years (disability compensation coefficient);
Rural residents = (per capita consumption expenditure of farmers x 20 years) ÷ number of people who are obligated to support the dependents (disability compensation coefficient).
(3) Dependents between 60-74 years old
Urban residents = per capita consumption expenditure of urban residents' families Yuan × [20 years - (actual age of the deceased - 60 years old)] (coefficient of compensation for disability);
Rural residents = per capita living consumption expenditure of farmers' families Yuan × [20 years - (actual age of the deceased - 60 years old)] (coefficient of compensation for disability). coefficient).
(4) Dependents over 75 years old
Urban residents = per capita consumption expenditure of urban residents' families RMB x 5 years (disability compensation coefficient);
Rural residents = per capita living consumption expenditure of farmers' families RMB x 5 years) (disability compensation coefficient).
The principle of fault applies to personal injury compensation, and if the victim himself is at fault, the liability of the aggressor can be reduced.
Legal basis
Supreme People's Court
"Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases"
Law Interpretation [2003] No. 20
Article 2, Article 17, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 28.
The developer is responsible for compensation in accordance with the principle of fault.