1. How much is the general compensation for fighting minor injuries?
(a) medical expenses, according to the medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with medical records and diagnostic certificates and other relevant evidence to determine. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
(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 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.
(three) nursing expenses, according to the income of nursing staff and the number of nurses, nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; 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.
(4) The food allowance for hospitalization can be determined by referring to the food allowance standard for ordinary staff of local state organs on business trips.
It is really necessary for the victim to go to other places for treatment, but he 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.
(5) Disability compensation shall be calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, and it shall be calculated for 20 years from the date of disability.
(a) the cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices.
Second, how to deal with minor injuries?
Intentionally injuring or beating others, the degree of injury shall be subject to the opinions of forensic experts.
Intentionally hurting or beating others, causing minor injuries or less, is a public security case, which is divided into two situations:
1. If both parties reach a settlement by themselves or are mediated by a people's mediation organization, whether an agreement is reached depends on the wishes of both parties. General public security organs will not intervene, unless it is obvious that obviously unfair and other serious violations of public security management or reconciliation agreements.
2. If the parties or the masses report the case to the public security organ, the public security organ shall investigate the facts of the case and fix and collect evidence after receiving the report.
On the basis of clear facts of the case, mediation can be conducted according to the provisions of Article 9 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. In principle, mediation can be conducted once, and it can be conducted again when necessary. Mediation shall make a mediation record. If the mediation is successful and both parties reach an agreement and perform it, the public security organ shall not punish it, and the case-handling unit that has reached an agreement through mediation shall make a mediation agreement for public security cases;
If the two parties fail to reach an agreement through mediation, the public security organ shall, in accordance with the provisions of Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, make a decision on administrative punishment for the violator of public security administration. At this time, the procedure of the public security organ ends, and the infringed person brings a lawsuit to the people's court or applies to the people's mediation organization for mediation.
In real life, to control your hot temper, don't do it easily at any time, and learn to protect your legitimate rights and interests by legal means. All of the above are about how to punish, compensate and deal with minor injuries. If there are other legal problems you don't understand, please consult a lawyer!
Third, I was slightly injured. What if the other party doesn't pay compensation?
If the other party who is slightly injured does not compensate, it can be handled by the police. If mediation fails, the victim can sue the court for compensation.
1, according to Article 9 of the Law on Public Security Administration Punishment
If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
2. The victim can bring a civil lawsuit to the court. If the court finds that the other party is liable for compensation after accepting the case, it will ask the other party for compensation. If the other party fails to perform the obligation of compensation within the prescribed time limit, the victim may apply to the court for compulsory execution. If the other party still fails to perform the obligation of compensation, the court may take measures such as freezing.
If you understand this article, you may know something about the standards of fighting disability. When personal rights and interests are infringed, take up arms to safeguard their rights. The above content is how much you usually pay for minor injuries. I hope it will help your daily life. If you need to go to court, please consult our lawyer.
Legal objectivity:
Article 43 of the Law on Public Security Administration Punishment, whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined between two hundred yuan and five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Under any of the following circumstances, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) beating or injuring others in a gang; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time. Article 1 179 of the Civil Code infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses and hospital food subsidies, as well as the reduced income due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.