1. For the claim of nutrition fee, it is necessary to identify the nutrition period through the identification procedure in practice, and then make compensation according to the standard of nutrition fee;
2, unable to determine the standard of nutrition fee, nutrition fee compensation standard can also be calculated according to the proportion of 40%-60% of the average living standard of local residents;
3. Nutrition cost refers to the cost that the victim can't meet the needs of the damaged body through the usual diet, but needs to supplement the body with nutrients other than the usual diet, which belongs to adjuvant therapy. Nutrition fee is not an inevitable compensation item, and it needs to be recognized and necessary.
The compensation standards for traffic accidents are as follows:
1, vegetative period:
(1) After human injury, it is necessary to supplement necessary nutrients to improve the quality of treatment or speed up the recovery time of injury;
(2) Nutrition fee: determined according to the disability of the victim and referring to the opinions of medical institutions;
2, time limit for a project
(1) After diagnosis and treatment, the time required for the human body to recover (that is, the clinical symptoms and signs disappear) or the signs are fixed. The delayed construction period is determined according to the certificate issued by the medical institution that treats the victim. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
(2) lost time = lost time * income status (year/month/day);
(3) If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income;
(4) If the victim has no fixed income, it shall be calculated according to his average income in the last three years;
(5) If the victim can't prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3. lactation:
(1) The time when a person has difficulty in self-care during medical treatment or functional rehabilitation after an injury and needs all or part of the help of others. The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period. The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
(2) If the nursing staff has income, it shall be calculated with reference to the provisions on lost time;
(3) If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
Legal basis:
Article 1 179 of the Civil Code of People's Republic of China (PRC).
Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.