How much is the compensation standard of Anhui traffic level 10 disability?
1. What's the compensation standard for Anhui traffic level 10 disability?
The standard of Anhui traffic ten-level disability compensation is: traffic accident ten-level disability compensation = per capita income of residents in the last year (urban or rural) where the appeal court is located multiplied by the disability coefficient (10%) multiplied by the compensation period. Because the per capita income varies from place to place, it is only necessary to include the local per capita income level in the calculation. In addition, urban hukou is different from rural hukou.
Second, the general compensation standard for car accidents
1. Medical expenses compensation standard
Medical expenses refer to the expenses that the victim must pay for medical examination, treatment and rehabilitation training after personal injury.
Article 19 of the Interpretation of Personal Injury Compensation stipulates that medical expenses shall be determined according to the receipt of 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 actual amount before the end of the debate in the court of first instance. After the necessary rehabilitation expenses of organ recovery training, appropriate beauty expenses and other follow-up treatment expenses actually occur, the right holder may sue separately. However, according to the diagnosis or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
The Interpretation of Personal Injury Compensation adopts the principle of differential compensation for specific losses such as medical expenses, that is, how much is actually paid. Follow-up treatment costs are subject to standardized compensation standards. The cost of follow-up treatment refers to the cost of secondary treatment for injuries with fixed signs, residual dysfunction or injuries that have not recovered after treatment. Stereotyped compensation does not consider the arithmetic difference of personal property loss of specific victims, but is based on the social appropriateness of damage compensation and the principle of fixing the standard of damage compensation for social justice.
2. Compensation standard for lost time
The lost time fee refers to the compensation for the lost or reduced work and labor income due to the victim's inability to engage in normal work or labor during the period from injury to full recovery (that is, lost work).
Article 20 of the Interpretation of Personal Injury Compensation stipulates that the lost time fee shall be determined according to the lost time fee and income of the victim. The time of loss is determined according to the certificate issued by the medical institution where the victim is treated. If the victim continues to lose his job due to injury and disability, the lost working time can be calculated to the day before the fixed disability. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; 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.
Personal injury compensation instructions compensate the actual expenses and lost time expenses according to the actual difference. In the original "Measures for Handling Road Traffic Accidents", the maximum loss of lost time for parties with fixed income cannot exceed three times the average living expenses of the place where the traffic accident occurred, and those without fixed income are calculated according to the average income of state-owned industries. This explanation does not set a maximum limit on lost time. There are two points to be clarified about "if the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income":
(a) fixed income must have legal proof;
(2) The victim must actually reduce his fixed income. If the employer of the victim fails to withhold or withhold all his income after the victim is injured, the lost time fee shall not be compensated or underpaid.
3. Nursing expenses compensation standard
Nursing expenses refer to the expenses paid by the victim who suffers personal injury, can't take care of himself and needs help from others.
Article 21 of the Interpretation of Personal Injury Compensation stipulates that the nursing fee shall be determined according to the income status of nursing staff, the number of nursing staff and the nursing period. Nursing staff have income, according to the provisions of the calculation of lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated according to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference. 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 nursing period shall not exceed 20 years. The nursing level of disabled victims should be determined according to their nursing dependence and the equipment of assistive devices for the disabled.
If the actual nursing period of the victim exceeds the nursing period determined by the court, and the victim brings a lawsuit to the court to ask for continuing to pay the nursing expenses, if it is really necessary to continue nursing, the court shall order the compensation obligor to continue to pay the nursing expenses for 5- 10 years. If the actual nursing period of the victim is shorter than the nursing period determined by the court, and the compensation obligor pays all the nursing expenses in one lump sum, should the overpaid nursing expenses be returned? We believe that the nursing period determined by the judgment is made by the judge within the scope of discretion according to the law, and the victim receives the nursing fee in one lump sum according to the judgment of the court. The heir of the victim has no obligation to return the excessive nursing expenses, and the compensation obligor may not ask for them.
4. Transportation cost compensation standard
Transportation expenses refer to the actual transportation expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment.
Article 22 of the Interpretation of Personal Injury Compensation stipulates that the transportation fee shall be calculated according to the actual cost of the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses are generally paid according to the standard of travel expenses of ordinary staff of state organs where the infringement occurred. Ordinary buses are the main means of transportation. You can take an ambulance or taxi under special circumstances, but the victim should explain the rationality of the use. Transportation expenses should be based on official bills; Relevant evidence should be consistent with the place, time, frequency and frequency of medical treatment. If not, the corresponding amount should be deducted from the compensation amount.
5. Hospitalization food subsidy compensation standard
Hospitalization food subsidy refers to the expenses that need to be subsidized during the hospitalization of the victim or before the death of the victim.
Article 23 of the Interpretation of Personal Injury Compensation stipulates that the food subsidy for hospitalization can be determined with reference to the food subsidy standard for ordinary staff of local state organs. If the victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons, he shall compensate the reasonable part of the accommodation expenses actually incurred by the victim himself and his entourage. Hospitalization food subsidy, the subsidy object is the "victim" of "hospitalization". If the victim is not hospitalized, there is no such compensation.
6. Compensation standard for nutritional expenses Nutritional expenses refer to the expenses paid by people who cannot meet the needs of the damaged body for heat energy and various nutrients through daily diet and need to obtain nutrition from other foods due to changes in the offspring of the damaged body. Article 24 of the Interpretation of Personal Injury Compensation stipulates that the nutrition fee is determined according to the degree of disability of the victim and with reference to the opinions of medical institutions.
Anhui Traffic 10 disability compensation standard is clearly stipulated by relevant laws in China. The final amount of compensation can be determined according to the identification of traffic accident responsibility and the final standard of disability identification of the injured issued by the traffic police. Compulsory insurance will pay a certain amount of compensation, and the excess will be jointly compensated by the perpetrator and the injured.
What is the standard of disability compensation for Anhui traffic accident 10?
1. What is the compensation standard for ten-level disability in Anhui traffic accidents?
Compensation standard for appraisal of 10-level industrial injury disability in Anhui Province: 10-level disability, and the one-time disability subsidy is 7 months' salary. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
Second, traffic accident compensation mainly includes:
Medical expenses include: medical expenses, medical expenses, hospitalization expenses, hospitalization food subsidies, necessary and reasonable follow-up treatment expenses, beauty expenses and nutrition expenses.
Death and disability expenses include: funeral expenses, death compensation, funeral transportation expenses, disability compensation, disability AIDS, nursing expenses, rehabilitation expenses, transportation expenses, living expenses of dependents, accommodation expenses, lost time, and mental damage caused by judgment or mediation.
Compensation standard:
1. Medical expenses: determined according to the invoice of medical expenses;
2. Follow-up treatment fee: calculated separately after the actual occurrence or applied to the judicial appraisal office for evaluation.
3. Nutrition fee: 100 yuan/day (according to () Administrative Measures for Travel Expenses of Anhui Provincial Organs)
4. Food allowance: 100 yuan/day (according to () Administrative Measures for Travel Expenses of Anhui Provincial Organs)
5. Nursing expenses: 10 1.6 yuan/day.
According to judicial expertise, the degree of nursing dependence is generally a small part of life care, and the cost of life care is 10 1.5 yuan/day× 365 days× 20 years× 40% (at the discretion of the judge).
6. Lost time: my salary × specific lost time months.
Legal basis: Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the lost time fee is determined according to the lost time fee and income of the victim.
7. Disability compensation (updated on February 19, lawyer Su Yifei):
City logo: 23 1 14 yuan× 20× 40% =184912 yuan;
Rural standard: 8098 yuan × 20 years × 40% = 64784 yuan;
(Note: For those over 60 years old, the age will decrease by one year for each additional year; Over 75 years old, according to 5 years old)
8. Dependent's living expenses (updated on February 19 of lawyer Su Yifei's year):
Living expenses of minor children: urban standard: 16285 yuan× (18 years old-actual age )× 40% ÷ 2 people; Rural standard: 5725 yuan ×( 18 years old-actual age) × 40% ÷ 2 people.
The standard of living expenses for the elderly is the same as above: for the elderly who are unable to work and have no other source of income, if they are over 60 years old, they will be reduced by one year for each additional year; Over 75 years of age, calculated by five years.
9. Transportation expenses: calculated according to the actual and unexpected expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. The transportation fee is subject to the official bill; Relevant evidence should be consistent with the place, time, frequency and frequency of medical treatment.
10. The cost of disabled equipment: calculated according to the reasonable cost standard of common applicable equipment. If there is a need for special injury, the corresponding reasonable cost standard can be determined by referring to the opinions of the auxiliary equipment organization. The replacement cycle and compensation cycle of auxiliary appliances should be determined with reference to the opinions of the organization.
1 1. Spiritual consolation money: level 7 disability is generally 20,000-32,000 yuan.
12. Appraisal fee: reimbursed by invoice.
If a traffic accident in Anhui causes injury to the civil subject, you can calculate the amount of compensation you can get according to the 10-level disability compensation standard for traffic accidents in Anhui. Because the disability of 10 is easy to recover, the amount of compensation available is relatively small compared with the disability caused by other traffic accidents.
What's the compensation standard of Anhui traffic level 10 disability @20 19?