For minor injuries, both parties can negotiate to determine the compensation fee. If negotiation fails, the amount of compensation can be determined according to specific losses such as medical expenses and lost time.
Scope of compensation:
Medical expenses, lost time, nursing expenses, transportation expenses, hospital food subsidies, necessary nutrition expenses, necessary expenses for increasing their daily life expenses and income losses caused by loss of working ability.
Including disability compensation, disability AIDS, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
1. The medical expenses shall be determined according to the receipt vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 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.
2. The lost time fee is determined according to the lost time fee 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 cannot 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.
The calculation formula of the victim's lost time:
Compensation for lost time = the victim's fixed income (day/month/year) × lost time.
3. The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.
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 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 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.
Calculation formula of escort fee compensation:
The compensation amount of the escort fee = the original income of the escort × the escort time, or the remuneration standard of the same level of care workers × the escort time.
4. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. The transportation expenses shall be based on official bills, and the relevant documents shall be consistent with the place, time, times and frequency of medical treatment.
5. Hospitalization food allowance can be determined by referring to the standard of food allowance for general staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Calculation formula of compensation for hospitalization food allowance:
Compensation amount of hospitalization food allowance =50 yuan × hospitalization days.
6, nutrition fee according to the disability of the victim with reference to the opinions of medical institutions.
7, disability compensation, according to the degree of disability or disability level of the victim, according to the local per capita disposable income of urban residents in the previous year or the per capita net income of rural residents, from the date of disability, calculated by 20 years.
8. The cost of assistive devices for disabilities shall be calculated according to the reasonable cost standard of common applicable devices.
What are the procedures for minor injury identification?
1. The forensic appraisal of the damage degree involved in handling various cases by the entrusting unit shall be conducted by the forensic appraisal institution of the public security organ. Injury identification is carried out in accordance with the principle of territorial jurisdiction and step-by-step identification, and the first identification is the first identification. If the party concerned or the case-handling personnel have any objection to the conclusion of the initial appraisal and need supplementary appraisal, the original judicial appraisal institution shall make supplementary appraisal; if it needs re-appraisal, the case-handling unit shall entrust the judicial appraisal institution of the public security organ at the next higher level to re-appraise.
2, inspection and identification of business processes, to understand the case of biopsy, taking photos to consult medical records to identify the production and distribution of identification books.
3. In addition to on-site service, the appraiser himself must be present for inspection, and the first forensic examination must be accompanied by the police handling the case.
4. At the time of initial examination, it is necessary to carry copies of the first-visit outpatient medical records and inpatient medical records, including current medical history, physical examination, operation records, discharge summary, various inspection reports, imaging inspection reports, etc., copy the above medical records with A4 paper, and affix the special seal for copying medical records, imaging materials and other medical materials in the hospital.
5, with immediate identification conditions, the identification agency shall complete the identification work within the prescribed time limit; If the case is complicated and needs consultation, the evaluation institution shall complete it in time after consultation.
6. Identification documents. The appraisal book shall be collected by the agent of the handling unit, and the appraisal data shall be handed over. The appraisal conclusion shall be informed to the relevant parties by the case-handling unit according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that those who beat others or intentionally hurt others' bodies shall be detained for more than 5 days 10 days and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring the disabled, pregnant women,/kloc-persons under 0/4 years of age or persons over 60 years of age;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Article 77 stipulates that public security organs shall promptly accept and register reports, complaints, reports or cases violating public security administration, as well as cases transferred by other administrative departments and judicial organs.
Article 78 stipulates that after accepting a report, complaint, report or surrender, the public security organ shall immediately investigate if it considers it to be a violation of public security management; If it is considered that it is not a violation of public security administration, it shall inform the informant, the complainant, the informant and the person who surrendered himself, and explain the reasons.
Article 79 stipulates that public security organs and their people's police shall investigate public security cases according to law. It is forbidden to extort confessions by torture or use coercive means.
Collect evidence by threats, seduction, deception and other illegal means.
Evidence collected by illegal means shall not be used as the basis for punishment.
Article 80 stipulates that public security organs and their people's police shall keep confidential the state secrets, business secrets or personal privacy involved in handling public security cases.
Article 81 stipulates that in the process of handling public security cases, the people's police should withdraw under any of the following circumstances; A person who violates the administration of public security, the infringed person or his legal representative also has the right to ask him to withdraw:
(1) Being a party to the case or a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having other relations with the parties to the case, which may affect the fair handling of the case.
The withdrawal of the people's police shall be decided by the public security organ to which it belongs; The withdrawal of the person in charge of the public security organ shall be decided by the public security organ at the next higher level.
Article 82 stipulates that if it is necessary to summon a person who violates the administration of public security for investigation, he shall be summoned with a summons card with the approval of the person in charge of the case-handling department of the public security organ. The people's police may summon an offender found on the spot who violates the administration of public security orally after producing his work certificate, but it shall be indicated in the inquiry record.
The public security organ shall inform the summoned person of the reasons and basis for summoning. A person who refuses to accept a summons or evades it without justifiable reasons may be summoned by force.
Article 83 stipulates that after being summoned, the public security organ shall promptly inquire and verify the person who violates the administration of public security, and the time for inquiry and verification shall not exceed 8 hours; If the situation is complicated and the punishment of administrative detention can be applied according to the provisions of this law, the time for questioning and verification shall not exceed 24 hours.
The public security organ shall promptly notify the family members of the summoned person of the reason and place of the summons.
The amount of compensation for beating people into minor injuries and fractures is about 2000 yuan or more. The specific situation still depends. Although you don't need to bear criminal responsibility for beating people into minor injuries, you can still be punished by public security if the other party pursues it. In order to build a harmonious society, I hope everyone will not break the law easily.