1. Medical expenses: According to the actual hospital calculation, please be sure to keep the original bills;
2. Follow-up treatment fee: the inevitable fee is determined according to the diagnosis or appraisal conclusion;
3. Nutrition fee: determined according to the disability of the victim and referring to the opinions of medical institutions, generally 500 to 5,000 yuan;
4. Hospitalization food allowance: 30 yuan/day × actual hospitalization days;
5. Nursing expenses: if the nursing staff has income, it shall be calculated with reference to the provisions on lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local (70 yuan/day in Changsha) labor remuneration standard for nursing staff of 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.
6. Disability compensation: (For those over 60 years old, the age will be reduced by one year for each additional year; Over 75 years of age, calculated by five years)
Urban standard: 16566 yuan× 20 years× 20% = 66264 yuan (applicable to non-agricultural registered permanent residence and agricultural registered permanent residence who worked and lived in cities and towns before the traffic accident 1 year);
Rural standard: 5622 yuan ×20 years ×20%=22488 yuan;
7. Dependent's living expenses: (According to the judicial interpretation of Tort Liability Law, this expense is included in the disability compensation at the time of prosecution, and the dependent's living expenses are no longer listed separately).
Living expenses of minor children:
Urban standard: 1 1825× (18 years old-actual age )× 20% ÷ 2 people.
Rural standard: 43 10 years old× (18 years old-actual age )× 20% ÷ 2 people.
Living expenses for the elderly: (For those over 60 years old, one year less for each additional year; If you are over 75 years old and have multiple dependents for five years, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year).
Urban standard: 1 1825× 20× 20% brothers and sisters.
Rural standard: 43 10 years old× 20 years old× 20% brothers and sisters.
8. Lost time: determined according to the lost time and income of the victim. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. 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.
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 provide evidence to 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.
9. Transportation expenses: calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment. Generally 500 to 2000 yuan;
10. The cost of assistive devices for the disabled: calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
1 1. mental damage compensation: Generally, it is about 5,000 yuan to 10000 yuan.
Second, the nine-level disability compensation standard for judicial expertise
Nine-level disability compensation: the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located multiplied by 20 years and then multiplied by 20%.
(1) Medical expenses Medical expenses include registration fees, examination fees, treatment fees, surgery fees, medical expenses, hospitalization fees, rehabilitation fees, cosmetic surgery fees and follow-up treatment fees paid by the parties concerned for the treatment of injuries.
(II) Delay in work The delay in work shall be determined according to the delay time and income of the parties concerned.
(3) Nursing expenses Nursing expenses are determined according to the income status of nursing staff, the number of nurses and the nursing period.
(4) Transportation expenses shall be calculated according to the actual expenses incurred by the parties and necessary accompanying personnel for medical treatment or transfer to other hospitals, and the relatives (not more than three) of the deceased participate in the handling of death accidents.
(5) Accommodation fee. Accommodation expenses actually incurred by the parties and their accompanying personnel who come from other places to handle traffic accidents in this city.
(six) the hospital food allowance is determined by reference to the standard of food allowance for ordinary staff of state organs.
(VII) Nutritional expenses Nutritional expenses refer to the expenses paid by the parties concerned to purchase nutritional products other than the daily diet for auxiliary treatment or to make the body recover as soon as possible. According to the degree of disability of the parties concerned, the nutrition fee is determined with reference to the opinions of the hospital and the nutrition fee voucher.
(VIII) Disability compensation Disability compensation shall be calculated for 20 years from the date of determination according to the disability level of the party concerned and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published locally. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
(nine) the cost of assistive devices is calculated according to the reasonable cost standard of common applicable devices.
Third, nine levels of disability compensation application process
The application for work-related injury compensation shall be handled by the relevant personnel of the unit where the injured person works. Application materials:
1, application form for one-time medical subsidy for injured workers;
2. Labor contracts for employees with work-related injuries;
3. The resignation notice that has been handled;
4. The roster that has been stopped;
5, the application date of nearly 2 years of social insurance fee collection audit conclusion.
After the employer submits the materials to the work-related injury insurance management center, the work-related injury insurance management center will review and accept the materials, investigate and verify the accepted application, and ensure the one-time payment of the compensation that meets the requirements within 60 days.