2. Article 18 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 stipulates that if the victim or the close relatives of the deceased suffer mental damage, they have the right to claim compensation for mental damage.
The Supreme People's Court's Interpretation on Several Issues about Determining the Liability for Compensation for Spiritual Damage in Civil Tort clearly stipulates the scope of compensation for mental damage and the determination of compensation amount.
Spiritual damage consolation money refers to the spiritual consolation money that the victim or the close relatives of the deceased claim compensation from the infringer according to law because the personal rights of the victim, such as life, health, reputation and personal freedom, have been illegally violated, resulting in physical and mental pain, abnormal mental torture or physical and mental damage (negative feelings).
Extended data:
Mao is an employee of a company in Dafeng City, Jiangsu Province. He joined the company in June 1996+065438+ 10. On June 5438+1October 2 1 Sunday morning 10 ∶ 30, when Mao was transporting concentrated sulfuric acid in our company, the barrel filled with concentrated sulfuric acid suddenly burst and the concentrated sulfuric acid overflowed, resulting in burns on the crotch, which was diagnosed by the local people's hospital as burns on the perineum of both thighs and scar hyperplasia after the burns.
In a period of time, the local scar of hair itches violently and the scar bursts repeatedly. After treatment in local and Shanghai hospitals, his condition has improved. During Mao's injury (June 5438+1October 2, 20031March 24, 2005), the medical expenses of RMB 4 1304.6, as well as the transportation expenses, accommodation expenses and in-patient food subsidies to other hospitals were reimbursed by the company according to regulations.
Upon the company's application, the local administrative department of labor and social security, in accordance with Article 14 (1) of the Regulations on Work-related Injury Insurance, identified Mao as a work-related injury on the grounds that he was injured by an accident during working hours and workplace. On June 24, 2005, 65438, Yancheng Labor Ability Appraisal Committee identified him as a ninth-grade disability.
In April 2005, the company decided to terminate the labor contract with Mao, and decided to compensate him with a one-time disability allowance of 4,528 yuan, a one-time work-related injury medical allowance of12,387.6 yuan, a one-time disability employment allowance of 5,308.98 yuan, a one-time economic compensation of 3,000 yuan, and a settlement period of 65,438+.
At the same time, the social insurance for the period from 1996 1 1 to April 2005 was reissued, making it clear that the company shall bear part of the company and the individual part shall be borne by itself.
Mao recognized the above compensation, but thought that the injury damaged his sexual function, affected his sexual life, and thus caused mental pain, and proposed compensation for mental damage.
After coordination by the Labor Dispute Arbitration Committee, Mao and the company reached a compensation agreement, and the one-time compensation did not include compensation for mental damage. The company promises that if the work-related injury recurs after the termination of the contract and it is really necessary to authorize the department to treat it, the company will be responsible for the treatment and pay the lost time and nursing expenses during the treatment period.
References:
Baidu Encyclopedia-Mental damage consolation money