The scope of students' personal injury compensation is generally the following four aspects:
(1) Conventional compensation: medical expenses, nutrition expenses, lost time subsidies, nursing expenses, transportation expenses and other expenses;
(2) Disability compensation: disability appliance compensation and disability living allowance;
(3) Death compensation: funeral expenses and death subsidies;
(4) Compensation for mental damage: including disability compensation and death compensation. Compensation for mental damage refers to the compensation for mental pain caused by injury or death of injured students or parents of deceased students with money.
Article 26 of the Measures for Handling Student Injury Accidents
If the school is responsible for the student injury accident, it will make appropriate economic compensation according to the size of the responsibility, but it will not undertake other matters that are not directly related to helping the injured students and compensating the corresponding economic losses, such as household registration, housing and employment.
If the school has no responsibility, it can give appropriate help to the injured students according to the actual situation and on the principle of voluntariness and possibility.
Article 27
If a student injury accident is caused by the intentional or gross negligence of a school teacher or other staff in performing their duties, the school may recover compensation from the relevant responsible personnel after making compensation.
Extended data:
Death cases of students in school
Regarding the death of Li Mohan, a senior one student in Dingzhou Middle School, Hebei Province, Dingzhou Middle School and the police said on 18 that the police had identified it as suicide and the case was still under investigation. The family members claimed that the child's death was related to his class teacher's beating and cursing behavior, which was denied by the class teacher, who said that the whole class could testify.
Previously, the information statement released by Dingzhou Education Bureau on April 13 did not mention the abusive and corporal punishment of teachers in the class identified by the family members of the deceased.
Li Zheng, the sister of the deceased, said that his younger brother Li Mohan had been studying in Class A 12 of Dingzhou Middle School since September 20 17, and his personality was cheerful. On April 12, the family received a notice from the school that "the child is sick and needs his family to go to school", only then did he know that his brother jumped off the building at school.
Li Zheng said that after the incident, accompanied by the police, the family carefully checked the surveillance video of the classroom twice. She said that the surveillance video she saw showed that in the last physics class on the morning of 12, Li Moman, a physics teacher and head teacher, beat Li Mohan with a test paper and threw it on the ground. Li Mohan leaned over, picked up the paper and returned to his seat. Li Zheng believes that the death of his younger brother is related to the beating and cursing behavior of the class teacher.
Li Zheng provided a recording of the conversation between his father and the class teacher Li Moman after the incident. In the conversation, Mr. Li said that "children's grades are stable and they are not bullied by teachers and classmates".
18, the staff of the Political Department of Dingzhou Public Security Bureau responded that the police are still investigating and have determined that Li Mohan committed suicide. Li Zheng also said that the information obtained from communication with the police station and relevant lawyers is that if it is confirmed that it is suicide, the class teacher may not file a case and be exempted from criminal prosecution.
Earlier, the information released by Dingzhou Education Bureau on April 13 said: It is understood that the student is from Zhuozhou City, Hebei Province. On April 12, after class 12: 05, I didn't go to the canteen to eat, but went into the school laboratory building alone and fell from the corridor window on the fourth floor of the laboratory building at about 12: 08.
The student was sent to the Municipal People's Hospital for emergency treatment and then entered the ICU ward, where he died the next day. The public security department conducted on-site investigation and surveillance video retrieval. The content did not mention that the family members of the deceased were abused and physically punished by the teacher in class.
18, A 12 class teacher Li Moman said in an interview that there is absolutely no corporal punishment such as flogging Li Mohan, and all students in the class can testify.
According to the relevant person in charge of the school, Li Moman didn't go to work that day because he couldn't stand the pressure, but it was not clear whether he took the initiative to take time off or the school suspended classes.
Parents of several students in Class A 12 said that due to the closed management of the school, they were not allowed to use mobile phones, and the students in this class did not know that Li Mohan had died. Parents and children meet once a month or once a month, and the children haven't arrived home after the incident, so they haven't heard from the class that day. Some parents said that they are worried that their children will be stimulated in the future and are consulting a psychologist.
In total recall between Li Zheng and a principal of Dingzhou Middle School, the principal said that it is not convenient to respond to the media for the time being, and the information released by the police and the municipal propaganda department shall prevail.
According to the information released by Dingzhou Education Bureau on April 3, 65438, at about 12: 20 that day, the student on duty found the student lying on the ground during cleaning, and immediately notified the school security. School leaders and many teachers rushed to the scene after hearing the news, and dialed 120 as soon as possible to escort the student to Dingzhou People's Hospital for emergency treatment.
The situation statement also stated that the school promptly reported to the police and sent a special person to protect the scene that day, accompanied by school leaders and school teachers. In the video recorded by Li Zheng's family in consultation with the relevant leaders of the school, the school mentioned that the "compensation standard" refers to several compensation agreements made by the school for students jumping off buildings, ranging from 6,543,807 yuan to 6,543,809 yuan.
References:
Baidu Encyclopedia-Measures for Handling Student Injury Accidents