According to the first paragraph of Article 25 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 disability compensation shall be based on the victim's loss of working ability or degree of disability.
Calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court is located, 20 years from the date of disability appraisal. However, for those over 60 years old, each additional year will be reduced by one year; Five years for those over 75. According to the above provisions, it is necessary to determine the compensation level and compensation period for calculating disability compensation.
The Interpretation does not clearly explain how to distinguish the compensation level according to the degree of disability, but the compensation level should be different for different degrees of disability.
The per capita income of residents varies according to the differences between urban residents and rural residents, but it should be determined according to the relevant statistical data of special economic zones and cities clearly listed in the plans published by the provinces, autonomous regions and municipalities directly under the Central Government and the government statistical departments last year. The calculation formula of nine-level disability allowance for traffic accidents is: nine-level disability allowance = per capita income of residents in the last year where the court is located × disability coefficient (20%) × compensation period.
Extended data:
According to the National Standard for Disability Assessment of Injured Persons in Road Traffic Accidents in People's Republic of China (PRC) and relevant judicial experience, the time, procedures and organizational arrangements for disability assessment after traffic accidents are as follows:
First of all, traffic accident disability appraisal is generally carried out after treatment. The end of treatment refers to the period when the pathological changes after injury are completely or partially recovered and remain stable after clinical treatment.
Judging from the experience and the appraisal time of appraisal institutions, it generally takes 6 months for head injuries and 3 months for injuries in other parts.
Second, it is suggested that the parties choose an appraisal institution with appraisal qualification and file it in the local people's court. Only in this way can the appraisal result be recognized by the judicial organs.
Third, general appraisal institutions do not accept personal entrustment. The parties may apply to the traffic administrative department of the public security organ or the law firm for entrustment, or bring a lawsuit to the court, and both parties shall apply for entrustment by the court.
In judicial practice, it often happens that one party refuses to recognize the appraisal result after unilaterally entrusting the appraisal, so it is more appropriate to apply to the court for entrusted appraisal after litigation.
Baidu Encyclopedia-Traffic Accident Disability Appraisal Standard