20 18 Ten-level Disability Compensation Calculation Method
1. 10 level disability compensation = urban standard: 73,000 yuan; Rural standard: 1.87 million yuan;
2. The living expenses of the dependents;
3. Medical expenses compensation amount = medical expenses+medical expenses+hospitalization expenses+other expenses (actual expenditure calculation);
4. Compensation amount for lost time = lost time income? Lost time;
5. The amount of compensation for nursing expenses = according to the standard of nursing remuneration for nurses at the same level in the place where the traffic accident occurred? Nursing days or lost time calculated according to the standard;
6. Compensation amount for transportation expenses = actual transportation expenses;
7. Accommodation compensation amount = accommodation standard for general staff of state organs on business trip? Accommodation days;
8. The compensation amount of hospitalization food allowance = the standard of food allowance for general staff of state organs on business trips? Days of hospitalization;
9. The amount of compensation for nutrition expenses = the amount suggested by medical institutions at their discretion;
10. Ten-level mental damage compensation: 1 ten thousand yuan;
1 1. The follow-up treatment is troublesome;
12. Loss of vehicles and property.
20 18 ten-step salary reference data
Last year, the per capita disposable income of urban residents nationwide was 36,396 yuan;
Last year, the per capita disposable income of rural residents in China was 13432 yuan;
Last year, the per capita consumption expenditure of urban residents nationwide was 24,445 yuan;
Last year, the per capita consumption expenditure of rural residents in China was 10955 yuan;
In the last year, the average annual salary of urban employees nationwide was 62,029 yuan;
Last year, the average annual salary of employees in China was 6324 1 yuan.
20 18 traffic accident 10 disability compensation standard
I. Medical expenses
Medical expenses refer to the expenses necessary for the victim to receive medical examination, treatment and rehabilitation, including registration fees, examination fees, medical expenses, treatment fees, hospitalization fees and other necessary medical expenses. The medical expenses of other diseases caused by infringement shall be appropriately compensated according to the causal relationship between infringement and damage consequences, the proportion of causality and other actual conditions. If causality and causality are difficult to determine, the people's court shall determine it by itself with reference to the appraisal conclusions of professional appraisal institutions.
(1) Registration fee. Generally, the registration certificate of the treatment unit is used as the proof of compensation.
(2) inspection fee. Based on the needs of injury diagnosis and treatment, the expenses incurred by the treatment unit should be compensated. The amount of compensation is confirmed according to the inspection documents, diagnosis certificates and corresponding charging vouchers of the medical treatment unit, but there is evidence that the expenses incurred by the victim due to unnecessary inspection will not be compensated. The examination fees paid without the permission of the treatment unit shall not be compensated, unless the victim has justified reasons.
(3) medical expenses. Based on the needs of injury treatment and rehabilitation, the expenses incurred in purchasing drugs according to the prescription of the receiving unit shall be compensated. The amount of compensation shall be confirmed according to the prescription documents, diagnosis certificates and corresponding charging vouchers of the treated unit. However, if there is evidence that the victim has paid drugs or other articles unrelated to injury treatment and physical rehabilitation, the victim will not be compensated.
(4) treatment fee. Generally, the diagnosis certificate and treatment documents of the treatment unit are the basis for compensation.
(5) Hospitalization expenses. Generally, the compensation is based on the diagnosis certificate and hospitalization documents of the treatment unit, but there is evidence to prove that the victim's injury is obviously minor and does not need hospitalization, or the hospitalization expenses paid by the victim that should be discharged after the injury is healed are not compensated. Without the permission of the initial treatment unit, the expenses paid for transferring to other hospitals for treatment and purchasing drugs will not be compensated, unless the victim has a legitimate reason.
Second, the lost time fee
Lost time refers to the legal income reduced by the victim's inability to work normally due to physical injury. The calculation of lost time fee should consider the lost time fee and the legal income standard of the victim:
Lost time. Refers to the victim's work time delayed due to injury. Generally speaking, the time lost for work should refer to the certificate or forensic identification issued by the medical institution where the victim received treatment, or be determined according to the actual damage degree and recovery status of the victim. If the victim's injury is obviously minor and does not affect his normal work, only the lost time on the day of medical treatment and dressing change will be calculated; If the victim's injury is minor and does not require hospitalization, the time lost for work shall be calculated from the day when he stops working due to injury to the day when he actually recovers; When the victim was discharged from the hospital, the injury was still not healed. The lost working time shall be counted from the day when work is stopped due to injury to the day when the injury actually recovers. If the victim is injured and disabled, the time lost for work is generally calculated from the day when he stops working due to injury to the day when he is disabled. If the victim dies due to medical reasons, the time lost for work shall be counted from the date when he stops working due to injury to the date of death.
(2) The legal income standard of the victim. If the victim has a fixed income, it shall be calculated according to the actual loss of cultivated land income; However, if the actual income exceeds five times the average wage of employees in the last year where the court of appeal is located, and the victim has no fixed income or other illegitimate legal income besides fixed income, it shall be calculated with reference to the average income of the victim for one to three years before his death; If the victim cannot provide evidence to prove his average income in the last year to three years, it shall be calculated with reference to the average income of the same labor force in the same industry or similar industry where the court of appeal is located in the previous year. If the victim is mainly engaged in domestic labor due to unemployment or retirement, it shall be calculated with reference to the average income of residents in the previous year published by the local county (city) level statistics department. If agricultural production is harmed during the busy farming season, the lost time fee shall be calculated with reference to twice the average income of rural residents in the previous year published by the local county (city) level statistics department.
Third, the cost of nursing.
Nursing expenses refer to the time lost in nursing victims or the expenses incurred by hiring necessary nursing staff. The calculation of nursing expenses should consider the number of nurses, nursing time and the standard of nurses' legal income;
(1) Number of nurses. Generally no more than two people. If there are still nursing needs after hospitalization or discharge, the number of nursing staff is 1.
(2) Nursing time. Limited to the period when the victim is completely unable to take care of himself due to injury.
(3) The legal income standard of nursing staff. Generally, it should be calculated according to the legal income standard of the victim's lost time; If someone is hired to care, the compensation for nursing expenses shall be confirmed according to the local labor remuneration standard for nurses engaged in the same level of nursing. However, the maximum amount of compensation for labor expenses shall not exceed twice the average income of the service industry in the previous year announced by the statistical department at the county (city) level where the victim is located; For those who need nursing fees, doctors must be required to issue a certificate that they need nursing during hospitalization. If two people need nursing, it must be indicated on the nursing certificate that they need nursing. If the victim is unable to recover his self-care ability due to disability and requests compensation for future nursing expenses, the nursing period can be calculated according to the difference between his actual age at the time of disability and the average life expectancy at the place where the court of appeal is located, but the minimum is not less than 5 years and the longest is not more than 20 years. If the cost of installing functional prosthesis has been awarded, the future nursing cost will not be considered. Judicial interpretation stipulates that the nursing level of the victim after disability should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Four, hospital food subsidies
Hospitalization food subsidy refers to the reasonable compensation for the food expenses of the victim during hospitalization. The hospitalization food allowance is based on the actual hospitalization time and calculated with reference to the standard of food allowance for ordinary state workers on business trips where the victim is located.
Verb (abbreviation of verb) nutritional feed
Nutritional expenses refer to the expenses paid by the victim for supplementary treatment or recovery as soon as possible after suffering damage. The court determines whether to compensate according to the disability and the opinions of the treatment institution. The amount of compensation for nutrition expenses is generally 20 to 30 yuan per day; The time to pay the nutrition fee is calculated according to the actual period of recovery from injury and the need for supplementary nutrition. However, the maximum compensation period shall not exceed six months.
Intransitive verb transportation and accommodation costs
Medical transportation expenses and accommodation expenses refer to the expenses such as car, boat and accommodation expenses that the victim and necessary nursing staff have to pay in the process of treating the injury.
(1) Transportation expenses for medical treatment are generally confirmed by the actual amount of transportation tickets. The transport ticket should be consistent with the time and frequency of medical treatment and transfer. The train ticket fee and air ticket fee above the hard sleeper shall be determined according to the hard sleeper ticket fee; Fares above the second-class cabin are determined by the second-class cabin fare; However, reasonable compensation should be given to the transportation expenses paid by the victim who needs emergency rescue due to serious injuries and must be hospitalized or transported by plane or chartered car.
(2) Hospitalization expenses. Generally, it is confirmed by the actual amount of the accommodation bill, which should be consistent with the time and frequency of medical treatment and transfer. The amount of compensation for the daily accommodation fee shall not exceed the standard of the daily accommodation fee for ordinary state workers on business trips where the victim is located.
What are the projects in traffic accident compensation?
Traffic accident compensation Project refers to the items included in the compensation given to the victims by the perpetrators of traffic accidents, mainly including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, judgment fees, disability compensation, disability AIDS, funeral expenses, living expenses of dependents, death compensation, etc.
Ten-level industrial injury and disability appraisal standard
Classification and identification basis: partial organ defects, abnormal morphology, no dysfunction, no drug dependence or general drug dependence, no nursing dependence, etc.
1, which meets one of the criteria of moderate disfigurement;
2, facial scar, skin grafting, pigmentation or foreign body shedding >; 2 cm2
3, the whole body scar area
4. Spinal osteoarthritis with low back pain after trauma, those under 50 years old;
5, disc herniation is not operated;
6. The distal interphalangeal joint of any finger except the thumb is disconnected or loses its function;
7. Fingertip skin grafting (hypertrophic scar above 1cm2);
8. The skin graft area of the back of hand is more than 50 cm2, with obvious scar;
9. Skin grafting area of palms and feet > 30%;
10, except the thumb, the other 3 ~ 4 fingers are missing;
1 1, any toe is missing except the big toe;
12, dorsum of foot skin graft area >; 100 cm2;
13, knee meniscus injury, knee cruciate ligament injury without surgery;
14, there was no dysfunction after fracture healing in all parts of the body;
15, chronic radiation-induced skin injury of one hand or both hands is above Ⅱ degree;
16, correct vision at a glance? 0.5, and the other one is used to correct vision? 0.8;
17, binocular vision correction? 0.8;
18, correction after plastic surgery for ectropion of one or two eyelids or eyelid insufficiency;
19, ptosis and pupil13 were corrected after plastic surgery;
20. symblepharon affects eyeball rotation and is corrected by plastic surgery;
2 1, heel of intraocular lens after occupational and traumatic cataract surgery to correct normal vision;
22, occupational and traumatic cataract, correct normal vision;
23. Partial dislocation of lens;
24, orbital foreign body is not taken out;
25, intraocular foreign body is not removed;
26, traumatic mydriasis;
27, corneoscleral penetrating injury healed;
28. Binaural hearing loss? 26 dB, or an ear? 56 decibels;
29, bilateral vestibular function loss, close your eyes can't stand;
30. Chrome nose disease (asymptomatic); 3 1, olfactory loss;
32. In addition to wisdom teeth, more than 65,438 front teeth have fallen off or more than 2 other teeth have fallen off;
33. One side of the temporomandibular joint is stiff, and I-degree mouth opening is difficult;
34. There are foreign bodies in the sinuses or cheeks that have not been removed;
35, unilateral nasal cavity or nostril atresia;
36. Perforation of nasal septum;
37. Incomplete facial paralysis on one side;
38, hemopneumothorax after simple closed drainage, pleural adhesion thickening;
39. After thoracotomy;
40, after conservative treatment of liver trauma;
4 1, after conservative treatment of pancreatic injury;
42. After conservative treatment of spleen injury;
43. After conservative treatment of renal injury;
44. After conservative treatment of bladder trauma;
45. After ovarian repair;
46. After tubal repair;
47. After breast repair;
48, the immune function decreased slightly;
49, chronic mild phosphorus poisoning;
50, industrial fluorosis stage I;
5 1, bursitis of coal miners;
52. Decompression osteonecrosis stage I;
53. First degree dental erosion;
54. Occupational skin diseases cannot be cured for a long time.
Reply to related questions
What is the disability compensation for grades 1 and 9- 10?
(1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the disability level, with the standards as follows: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months; (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
2. Ten-level compensation standard for social security work-related injuries?
A: After treatment, the appraisal committee of the Labor Bureau has identified it as a level 10 disability. According to the relevant regulations, he should get the following compensation:
(1) Disability Allowance: According to Item 1, Paragraph 1, Article 35 of the Regulations on Industrial Injury Insurance, the industrial injury insurance fund will pay a one-time disability allowance according to the level of disability. The standard is: I will be paid six months' salary if I am disabled at level 10.
(II) Disability Employment Subsidy: According to Item 2, Paragraph 1, Article 35 of the Regulations on Industrial Injury Insurance, the employer shall pay a one-time medical subsidy for industrial injury and disability employment subsidy. The specific standards are stipulated in the second paragraph of Article 8 of the People's Governments of provinces, autonomous regions and municipalities directly under the Central Government and the Implementation Opinions of the People's Government of Fujian Province on Implementing the Regulations on Work-related Injury Insurance: the standards are calculated based on the average monthly salary of employees in the overall planning area in the previous year; One-time work-related injury medical subsidy and one-time disability employment subsidy are calculated together, and the standard is 10 disability 10 month.
(3) If the nutrition expenses and nursing expenses can be paid in time during the injury treatment, if the company is required to help you pay back the social security, you can make compensation according to the social security.
3. How to calculate10 disability compensation and rural hukou?
Personal injury caused by road traffic accidents and non-work-related accidents: disability compensation = the per capita net income of rural residents in this province and city in the previous year ×20 years (every reduction of one year for those over 60 years old, and five years for those over 75 years old) × the proportion shared by the perpetrators according to their responsibilities.
Industrial accident: one-time disability allowance = 7 months' salary. One-time medical subsidies for work-related injuries and employment subsidies for work-related injuries at the time of dissolution or termination of the contract shall be paid in accordance with the provisions of provinces, municipalities directly under the Central Government or autonomous regions.