Fa Shi [21] No.3
In order to correctly try personal injury compensation cases caused by electric shock and protect the legitimate rights and interests of the parties, according to the General Principles of the People's Republic of China and the Civil Law (hereinafter referred to as the General Principles of the Civil Law), the Electricity Law of the People's Republic of China and other relevant laws, Some issues concerning the specific application of law in the trial of such cases are explained as follows:
Article 1 "High voltage" as stipulated in Article 123 of the General Principles of the Civil Law includes high-voltage electricity with a voltage level of 1 KV or above; The voltage level below 1 KV is non-high-voltage.
article 2 in the case of personal injury caused by high-voltage electricity, the owner of power facilities shall bear civil liability in accordance with the provisions of article 123 of the general principles of the civil law.
However, personal injury caused by high-voltage electricity is caused by multiple reasons, and their respective responsibilities are determined according to the causal force between the behavior of the perpetrator and the damage result. The behavior that causes harm is the main cause of the damage consequences and should bear the main responsibility; If the behavior of the victim is not the main cause of the damage, it shall bear the corresponding responsibility.
Article 3 The owner of power facilities shall not bear civil liability for personal injury caused by high-voltage electricity under any of the following circumstances:
(1) Force majeure;
(2) The victim committed suicide and injured himself by electric shock;
(3) The victim steals electric energy, steals or destroys power facilities or causes electric shock accidents due to other criminal acts;
(4) The victim engages in acts prohibited by laws and administrative regulations in the power facility protection zone.
Article 4 The scope of compensation for personal injury caused by electric shock includes:
(1) Medical expenses: refers to the expenses charged by the hospital for the treatment of the parties injured by electric shock. Medical expenses shall be determined according to the diagnosis certificate, prescription, medical expenses and hospitalization expenses of the treatment hospital.
medical expenses should also include continuing treatment expenses, other organ function training expenses and appropriate cosmetic expenses. The continuing treatment fee can be judged at one time according to the case, and the compensation standard can be determined according to the treatment needs.
the calculation of expenses refers to the standard of public medical care.
the hospital chosen by the parties concerned should be a hospital, a health center, a first-aid station and other medical institutions that are legally established and have corresponding treatment capabilities. The parties concerned shall choose the nearest treatment hospital according to the damaged condition and treatment needs.
(2) lost time: if there is a fixed income, it shall be calculated according to the actual reduced income. If there is no fixed income or no income, it shall be calculated according to the average annual salary standard of employees on the ground where the accident occurred. The time lost for work can be determined according to the certificate of medical institutions or forensic identification; If it cannot be determined according to this, it can be determined according to the actual damage degree and recovery status of the victim.
(3) Hospitalization food allowance and nutrition fee: Hospitalization food allowance shall be calculated according to the time during which the victim is hospitalized or receiving treatment in other places, with reference to the standard of food allowance for ordinary staff of state organs in the place where the accident occurred. The people's court shall decide whether to compensate the nutrition fee and its amount according to the disability of the victim and the opinions of the treatment hospital.
(4) nursing expenses: if the nursing staff has income during the victim's hospitalization, it shall be calculated according to the provisions on lost time; If there is no income, it shall be calculated according to the average living expenses of the place where the accident occurred. It can also be calculated with reference to the market price of care workers. After the victim is discharged from the hospital, if he needs nursing, he shall be determined according to the disability level with the certificate of the treatment hospital. Disability equipment fees should be considered together.
(5) Living allowance for the disabled: calculated according to the degree of disability or disability level and the average living expenses of the accident place. Since the month of disability, compensation for 2 years. However, for those over 5 years of age, the age will be reduced by one year for each additional year, with a minimum of not less than ten years; For those over 7 years of age, it shall be counted as five years.
(6) Disability appliance fee: If the injured disabled person has to prepare prosthetic limbs, scooters and other assistive devices due to the needs of daily life or auxiliary production, it shall be calculated according to the cost of domestic common appliances with the hospital certificate.
(7) Funeral expenses: if there are provisions of the relevant state or local authorities, such provisions shall prevail; If there is no provision, it shall be calculated according to the reasonable expenses of the actual funeral expenses.
(8) compensation for death: calculated according to the local average living expenses, the compensation will be 2 years. For those who are over 7 years old, each additional year will be one year less, but the compensation period shall be at least ten years.
(9) Living expenses of dependents: It is limited to those who were actually raised by the deceased or the disabled before they lost their ability to work, and is calculated according to the basic living expenses standard of local residents. If the dependents are under eighteen years old, the living expenses shall be calculated to eighteen years old. If the dependents have no ability to work, the living expenses shall be calculated for twenty years, but if they are over fifty years old, the maintenance fee shall be less than one year for each additional year of age, but the minimum period for calculating the living expenses shall be not less than ten years; If the dependent is over 7 years old, the maintenance fee is only five years.
(1) Transportation expenses: refers to the reasonable transportation expenses actually necessary to treat the victims of electric shock, including the transportation expenses necessary to be transferred to another hospital for treatment.
(11) Accommodation: refers to the expenses that the victim can't be hospitalized or live at home due to objective reasons, and it is really necessary to stay on the spot. The amount is calculated according to the standard of accommodation for ordinary staff of state organs in the place where the accident occurred.
the transportation expenses, lost time expenses, accommodation expenses and food subsidies required by the relatives and friends of the parties involved in handling the electric shock accident shall be calculated with reference to the relevant provisions in the first paragraph, but the number of people who calculate the expenses shall not exceed three.
Article 5 All expenses calculated in accordance with the provisions of the preceding article, which actually occur and are urgently needed by the victim, shall be paid in one lump sum; Other expenses can be paid according to the amount, the demand of the victims, the performance ability of the parties and other factors. If periodic payment is adopted, the amount of compensation for each period shall be determined and the responsible person shall be required to provide appropriate guarantee.
article 6 compensation for personal injury caused by non-high-voltage electricity can be handled with reference to the provisions of articles 4 and 5.
The following are the relevant provisions in China's industrial injury insurance regulations:
Article 36 Workers with industrial injuries who have a relapse and need treatment are entitled to industrial injury treatment as stipulated in Articles 29, 3 and 31 of these regulations.
Article 37 If an employee dies on the job, his immediate family members shall receive funeral allowance, dependent family pension and one-time death allowance from the industrial injury insurance fund according to the following provisions:
(1) The funeral allowance shall be the average monthly salary of employees in the overall planning area for six months in the previous year;
(2) The pension for dependent relatives shall be paid to the relatives who were unable to work and provided the main source of livelihood for the employees who died during their lifetime according to a certain proportion of their own wages. The standard is: 4% for spouse, 3% for other relatives, and 1% for the elderly or orphans. The sum of the approved pensions for dependent relatives should not be higher than the wages of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council;
(3) The standard of one-time work-related death allowance is the average monthly salary of employees in the overall planning area for 48 months to 6 months. Specific standards shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record by the people's governments of the overall planning areas according to the local economic and social development conditions.
if a disabled employee dies due to work-related injuries during the period of suspension with pay, his/her immediate family members shall enjoy the treatment specified in the first paragraph of this article.
if a first-class to fourth-class disabled worker dies after the expiration of the suspension with pay, his immediate family members can enjoy the treatment as stipulated in items (1) and (2) of the first paragraph of this article.
article 38 the disability allowance, pension for dependent relatives and living nursing expenses shall be adjusted by the administrative department of labor and social security in the overall planning area according to the changes in the average salary and living expenses of employees. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
article 39 if an employee has an accident while going out for work or his whereabouts are unknown during emergency rescue and disaster relief, he shall be paid wages within 3 months from the month of the accident, and wages shall be stopped from the fourth month, and the industrial injury insurance fund shall pay the dependent relatives a monthly pension. Life is difficult, you can advance 5% of the one-time work-related death subsidy. If an employee is declared dead by the people's court, it shall be handled in accordance with the provisions of Article 37 of this Ordinance on the death of an employee due to work.
just to remind you, the death of a worker also needs to be determined by the labor department.