Legal analysis
1, medical costs: medical costs according to the medical institutions issued by the medical bills, hospital fees and other receipts, combined with medical records and diagnostic certificates and other relevant evidence to determine. 2, lost wages: lost wages according to the victim's lost time and income status to determine. 3, nursing costs: nursing costs according to the income status of the nursing staff and the number of nursing, nursing period. Nursing fee: the nursing fee is determined according to the income of the nursing staff and the number and duration of nursing care.4. Transportation fee: the transportation fee is calculated according to the actual expenses incurred by the victim and his/her necessary accompanying staff for medical treatment or transferring to a hospital for treatment.5. Hospitalized meal subsidy: the hospitalized meal subsidy can be determined by referring to the standard of the local state organs' general staff's meal subsidy for business trips.6. Nutritional fee: the nutritional fee is determined according to the disability of the victim by referring to the opinion of the medical institution.7. Disability compensation: the disability compensation shall be calculated according to the degree of the victim's loss of working ability or the grade of disability, in accordance with the standard of per capita disposable income of urban residents or per capita net income of rural residents of the previous year in the place where the court under appeal is located, and shall be calculated for twenty years from the date of determination of disability. However, if the victim is over sixty years of age, the amount shall be reduced by one year for each additional year of age; if the victim is over seventy-five years of age, the amount shall be calculated for five years.
Legal basis
Regulations on Work-Related Injury Insurance Article 36 Employees who are disabled at work and are assessed to be fifth- or sixth-degree disabled, shall enjoy the following treatment: (1) a lump-sum disability benefit shall be paid from the Work-Related Injury Insurance Fund in accordance with the level of disability, with the standard of 18 months' wages for fifth-degree disabled and 16 months' (b) retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer shall pay a monthly disability allowance at the rate of 70% of the employer's salary for Grade 5 disability and 60% of the employer's salary for Grade 6 disability, and the employer shall pay the social insurance premiums in accordance with the regulations. If the actual amount of the disability allowance is less than the local minimum wage standard, the employer shall make up the difference. Upon the injured worker's own proposal, the worker may terminate or suspend the labor relationship with the employer, with the Work Injury Insurance Fund paying the lump-sum work-related injury medical benefit and the employer paying the lump-sum disability employment benefit. The specific standards for the one-time medical benefits for work-related injuries and the one-time employment benefits for disability are prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the central government.