Yunnan tenth-degree disability compensation standards
2023 Yunnan Province tenth-degree disability compensation standards are: First, medical expenses Medical expenses refers to the victim to receive medical examination, treatment and rehabilitation of the necessary costs mainly include: registration fee, test fees, medicine, treatment, hospitalization and other necessary medical expenses. Costs. Tort induced by other diseases of the victim's medical costs, should be based on the tort and the consequences of the damage to the causal relationship and the proportion of the cause of the actual situation, to be appropriately compensated for the causal relationship and the cause of the size of the difficulty in determining the reference to the professional appraisal organization's findings by the People's Court to determine their own. (a) Registration fee. Generally to consult the treatment unit of the registration voucher for compensation. (ii) test fees. Based on the diagnosis and treatment of injuries, at the request of the treatment unit to carry out the cost of testing, should be compensated. The amount of compensation based on the treatment unit's examination documents, diagnostic certificates and the corresponding fee vouchers for confirmation, but there is evidence to prove that the victim of unnecessary testing expenses, the victim shall not be compensated. Unauthorized testing without the permission of the treatment unit will not be compensated for the costs incurred, unless the victim has a valid reason (c) Medical expenses. Based on the need for treatment and rehabilitation of injuries, the cost of medicines purchased according to the prescription of the treatment unit shall be compensated. The amount of compensation based on the treatment unit's prescription documents, diagnostic certificates and the corresponding fee vouchers to be confirmed, but there is evidence to prove that the victim of the purchase of medicines or other items unrelated to the treatment of injuries and physical rehabilitation of the expenses incurred by the victim shall not be compensated. (d) treatment costs. Compensation is generally based on the diagnosis and treatment unit of the diagnosis and treatment documents (e) hospitalization costs. Generally to the diagnosis of the treatment unit and hospitalization bills for compensation, but there is evidence to prove that the victim's injuries are significantly less serious do not need to be hospitalized or should be discharged from the injuries have been cured and still hospitalized hospitalization fees paid, the injured party shall not be compensated. Without the permission of the initial treatment unit, unauthorized transfer to the hospital to receive treatment and purchase of medicines are not compensated for the costs paid, but the victim has a legitimate reason for the exception. Second, lost wages Lost wages refers to the victim due to physical injuries can not work properly to reduce the legitimate income. Calculation of lost wages should take into account the lost time and the victim's legitimate income standards: (a) Lost time. Refers to the amount of time that the victim is delayed in work due to the injury. Lost time should generally refer to the victim to receive medical treatment issued by the medical institution or forensic identification to be determined, but also in accordance with the victim's actual degree of damage, recovery and other circumstances to determine. The victim's injuries are significantly minor does not affect the normal work, only to calculate the day of consultation, medication, lost wages; The victim's injuries are minor and do not require hospitalization, lost time from the date of cessation of work due to injuries to the date of the actual recovery; the victim is discharged from the hospital when the injuries are not yet healed. Lost time from the date of stopping work because of the injury to the date of actual healing of the injury. If the victim is injured and disabled, the time lost at work is generally calculated from the date of cessation of work due to the injury to the date of disability. If the victim dies as a result of medical treatment, the time lost from work is calculated from the date of cessation of work due to the injury to the date of death. (ii) the victim's legitimate income standards victims have a fixed income, according to the actual loss of field fixed income amount; but the actual income exceeds the location of the court of appeal more than five times the average wage of the previous year, according to the five times The victim does not have a fixed income or in addition to a fixed income, there are other irregular income, should be calculated by reference to the victimization of the average income of the previous one to three years; The victim does not have a job or because of retirement and mainly engaged in family labor, with reference to the local county (city) level statistical department announced the average income of residents in the previous year. Engaged in agricultural production due to injuries caused by farm work during the busy period, the cost of lost wages with reference to the local county (city) level statistics department announced the average income of rural residents in the previous year, twice the calculation. Third, nursing costs Nursing costs refers to the loss of lost labor caused by the care of the victim or the cost of hiring the necessary caregivers. Calculation of nursing costs should take into account the number of nursing care time and nursing staff of the proper income standards: (a) the number of nursing care. Generally not more than two people, not hospitalized or after discharge is still necessary to care for the caregiver for one person. (ii) Duration of care. Limited to the period during which the victim is unable to take care of himself or herself or is unable to take care of himself or herself completely as a result of the injury. (iii) The standard of legitimate income of the caregiver. Generally should be calculated with reference to the legitimate income standard of the victim's lost wages; hired nursing care, nursing care compensation according to the local caregiver engaged in the same level of nursing labor compensation standards confirmed. But the maximum amount of compensation for labor shall not exceed the victim's location county (city) level statistical department announced the average income of the service industry in the previous year twice; For the nursing fee, during the hospitalization must ask the doctor to issue a certificate of need for nursing care, if the need for two care must be in the nursing care certificate on the need for two care. The victim can not regain the ability to take care of themselves due to disability, requesting compensation for future care costs, can be calculated in accordance with the actual age at the time of the disability and the per capita life expectancy of the location of the court in accordance with the difference in years of care, but the minimum is not less than five years, and the maximum length of not more than 20 years. Where the cost of fitting a functional prosthesis has been awarded, future care costs are not taken into account. According to the judicial interpretation: the victim after the disability care, should be based on the degree of dependence on its care and combined with the preparation of disability aids to determine the level of care. Fourth, the hospital meal allowance Hospital meal allowance refers to the reasonable compensation for the victim's food expenses during hospitalization. The hospital meal allowance is calculated on the basis of the actual hospitalization time, with reference to the general state worker's business trip meal allowance standard where the victim is located. V. Nutrition Nutrition refers to the victim in the damage, in order to assist in the treatment or make the body as soon as possible to recover and buy the daily diet outside of the nutritional expenses. The court shall determine whether to compensate according to their disability and the opinion of the treatment organization. The amount of compensation for nutritional expenses is generally twenty to thirty dollars per day; the time of compensation for nutritional expenses, the actual period of time for the recovery of injuries that require nutritional supplementation. However, the maximum period of time does not exceed six months. Six, transportation, accommodation medical transportation, accommodation is: refers to the process of treatment of injuries, the victim and the necessary caregivers must take the car, boat and accommodation expenses. (a) medical transportation costs are generally based on transportation tickets. According to the actual amount to be confirmed, the transportation bill should be consistent with the time and number of medical treatment and transfer on the hard sleeper above the train ticket fee and air ticket fee, according to the hard sleeper ticket fee; on the second class above the ship's ticket fee, according to the second class ship's ticket fee; but the victim because of the seriousness of the injury requires urgent rescue and must take the plane or chartered car hospital or transfer to the hospital to pay for the transportation costs, should be given a reasonable compensation The maximum amount of compensation for accommodation costs per day shall not exceed the standard daily accommodation costs for business trips of general state employees in the location of the victim. The actual costs incurred by the victim when it is necessary for the victim to receive treatment outside the country and the victim cannot be hospitalized due to objective reasons, including the lodging and food costs of the victim himself and the nursing staff, shall be compensated in reasonable part. According to the Yunnan Provincial Department of Finance, "Yunnan Provincial Organs and Institutions Travel Management Measures" can refer to the general staff reimbursement standards for travel and accommodation costs per person per day limit ** yuan compensation with invoices. VII, disability appliances Disability appliances refers to the disabled person in order to restore the function of the limbs or to make up for the physical defects caused by the injury to configure the functional or decorative disability appliances expenses. Victims requesting compensation for the cost of disability appliances, should provide a medical unit or prosthetic fitting unit certification or appraisal opinion. The amount of compensation for the cost of disability appliances is generally recognized by the reasonable price of similar products of ordinary domestic appliances; the number of replacement of disability appliances, should be referred to the relevant departments of the expert testimony, and combined with the actual local living conditions and the victim's remaining life to be recognized. To equip the disability appliances must be spent on transportation, accommodation and other related reasonable costs, should also be appropriate compensation The degree of physical disability has lost the conditions for the installation of prostheses and the request for compensation for the cost of installation of prostheses is not supported. The amount of compensation for the cost of prosthetic devices must be confirmed by the price of the ordinary domestic appliances of the victim's local and nearby disability appliances unit; the amount of compensation confirmed by the price of products produced or imported outside of the mainland is generally not supported, but the amount is lower than the price of ordinary domestic appliances. eight, ten disability compensation ten disability compensation standards: (a) one-time disability compensation for work injury formula: one-time disability compensation for work injury one-time disability compensation for work injury ten disability compensation = my salary * 7 months (salary for the previous twelve months average salary); (b) one-time medical compensation for work injury formula: one-time medical compensation for work injury formula: one-time medical compensation for work injury the last annual average salary of employees * (each of the average salary of workers); (b) one-time medical compensation for work injury formula: one-time medical compensation for work injury one-time medical compensation = the last annual average salary of workers * (each of the average salary of workers * (each of the average salary of employees) The average wage of the employees * (each province has its own standard) months; (3) one-time employment injury benefit Calculation formula: one-time employment injury benefit = the average wage of the employees in the previous year * (each province has its own standard) months; Disability compensation according to the degree of the victim's loss of working ability or disability, according to the location of the court of lawsuit in the previous year the per capita disposable income of urban residents or the average net income of rural residents. Disposable income or per capita net income of rural residents in the previous year in the place where the court under appeal is located, the standard, from the date of determination of disability is calculated by twenty years. However, if the victim is over sixty years old, the age shall be reduced by one year for each additional year of age; if the victim is over seventy-five years old, the calculation shall be based on five years. The victim is disabled due to injury, but the actual income has not been reduced, or the disability grade is less serious but caused occupational hazards seriously affect their employment, the disability compensation can be adjusted accordingly. Compensation for tenth-degree disability, calculated at twenty years from the date of disability. If the age of the victim is more than sixty years old when the disability is determined, each additional year will be reduced by one year on the basis of twenty years; if the age of seventy-five years old or older, it will be calculated according to five years. The compensation standard for disability compensation, generally in accordance with the location of the court in accordance with the per capita disposable income of urban residents in the previous year or the average net income of rural residents standard. IX, moral damage consolation money infringement of the natural person's right to health, but the end of the disability and infringement of the natural person's other rights or rights and interests of the necessity of moral damages, collectively referred to as moral consolation money; the amount of moral consolation money should be based on the "Supreme People's Court on the determination of civil infringement of moral damages Liability for the Interpretation of a number of issues", according to the tortfeasor's fault, the infringement of the circumstances, impact and consequences as well as the victim's moral damage caused by the infringement, and the amount of money to the victim. According to the courts throughout Yunnan Province in the actual case of the verdict, in order to fully safeguard the legitimate rights of the victims of traffic accidents, this proposal due to traffic accidents, the death of their next of kin can be taken into account by the following factors: (a), the compensation obligation is a unit or an individual, the other party is a unit of units, especially engaged in the operation of the unit can be considered to require the other side of the compensation; if the other side of the personal There are also considerations of the other side of the income level, the other side of the high income can require the other side of the more compensation. (ii), the compensation obligations in the traffic accident in the size of the responsibility. According to the traffic accident certificate that the other party in the traffic accident is responsible for the size of the indemnified person is fully responsible for the main responsibility or equal responsibility, you can consider requesting the other party to pay more compensation; indemnified person is responsible for the secondary responsibility or irresponsible, you can consider requesting the other party to pay less compensation. (