newest| 2016 Traffic Accident Compensation Calculation Form
1. Calculation formula of disability compensation
Disability compensation refers to property compensation for the victim who has lost all or part of his ability to work due to personal injury and disability. According to the degree of the victim's incapacity to work or the level of disability, and based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed, the calculation is based on twenty years from the date of disability determination. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.
Disability compensation = per capita income of urban (rural residents) in the previous year where the court where the lawsuit is filed × disability coefficient × number of years of compensation
2. Calculation formula for disability assistive device fees
The fee for assistive devices for disabled people is calculated based on the reasonable cost standards for ordinary applicable devices. If the injury requires special needs, you can refer to the opinions of the assistive device dispensing agency to determine the corresponding reasonable fee standards.
Disability assistive device fee = reasonable cost for ordinary devices
3. Calculation formula of funeral expenses
Funeral expenses are calculated based on the average wages of employees in the previous year at the location of the court where the suit is filed, and are calculated as a total of six months.
Funeral expenses = Average monthly salary of employees in the previous year at the location of the court where the suit is filed × 6 months
4. Calculation formula for dependents’ living expenses
The dependent's living expenses are calculated based on the degree of the dependent's inability to work and based on the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the location of the court where the lawsuit is filed in the previous year. However, in practice, many parties do not understand the statutory compensation item of dependents’ living expenses, let alone how to calculate dependents’ living expenses. This article will explain in detail how to calculate the living expenses of dependents.
The calculation formula for the living expenses of a dependent is divided into two situations: death of the victim and disability:
(1) If the victim dies, the formula for calculating the living expenses of the dependent
1. Living expenses of dependents (minor dependents under 18 years old) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the location of the court where the lawsuit is filed in the previous year × (18 years old - age of dependents) ÷ the number of people who bear the obligation to support the dependents
2. Living expenses of dependents (dependants under the age of 60 who are unable to work and have no other source of livelihood) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the location of the court where the lawsuit is filed in the previous year ÷ the number of people who bear the obligation to support the dependent
3. Living expenses of dependents (dependants aged 60 to 74 years old) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the previous year in the location of the court where the lawsuit is filed × [20 years - (actual age of dependent - 60 years old)] ÷ the number of people who bear the obligation to support the dependent
4. Living expenses of dependents (dependants over 75 years old) = annual per capita consumption expenditure of urban residents and per capita annual living consumption expenditure of rural residents in the location of the court where the lawsuit is filed × 5 years ÷ the number of people who bear the obligation to support the dependent
(2) If the victim is disabled, the formula for calculating the living expenses of the dependent
1. Living expenses of dependents (minor dependents under 18 years old) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the previous year in the location of the court where the suit is filed × (18 years old - age of the dependent) ÷ the number of people who bear the obligation to support the dependent × disability compensation coefficient.
2. Living expenses of dependents (dependants under the age of 60 who are incapable of working and have no other source of livelihood) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the location of the court where the lawsuit is filed in the previous year ÷ the number of people who bear the obligation to support the dependent × disability compensation coefficient × 20 years;
3. Living expenses of dependents (dependants aged 60 to 74 years old) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the previous year where the court where the lawsuit is filed × [20 years - (actual age of dependents - 60 years old)] ÷ the number of people who bear the obligation to support the dependent × disability compensation coefficient:
4. Living expenses of dependents (dependants over 75 years old) = annual per capita consumption expenditure of urban residents and per capita annual living consumption expenditure of rural residents in the location of the court where the lawsuit is filed × 5 years ÷ the number of people who bear the obligation to support the dependent × disability compensation coefficient.
The disability compensation coefficient refers to the percentage of disability compensation. The compensation coefficient for each level differs by 10%. Death and level 1 disability have the highest compensation coefficient, which is 100%; level 10 is the lowest disability level, and the lowest compensation coefficient is 10%.
Dependent’s living expenses = average annual consumption expenditure per capita of urban residents (rural residents) in the location of the court where the lawsuit is filed in the previous year × number of years of support
5. Calculation formula of hospitalization food subsidy
The hospitalization meal subsidy can be determined based on the business trip food subsidy standards for general staff of local state agencies.
If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his accompanying persons shall be compensated. (In principle, it should be in accordance with the national business trip standards for civil servants
Hospitalization food subsidy = food subsidy standard for general staff of state agencies on business trips (yuan/day) × number of days of hospitalization
6. Calculation formula of medical expense compensation
Medical expenses are determined based on the receipts for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to compensate has any objection to the necessity of treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined based on the actual amount incurred before the conclusion of the first-instance court debate. For the necessary rehabilitation fees for organ function recovery training, appropriate plastic surgery fees, and other follow-up treatment fees, the compensation rights holder may sue separately after the actual occurrence. However, the expenses that must be incurred based on the medical certificate or appraisal conclusion can be compensated together with the medical expenses that have already been incurred.
Medical expense compensation = diagnosis and treatment expenses + medical expenses + hospitalization expenses + others
7. Calculation formula of lost time pay
The time missed from work is determined based on the certificate issued by the medical institution where the victim received treatment. If the victim continues to miss work due to disability, the missed work time can be calculated to the day before the disability date.
If the victim has a fixed income, the lost wages shall be calculated based on the actual reduced income. If the victim has no fixed income, the calculation shall be based on the average income of the last three years; if the victim cannot provide evidence to prove his average income in the last three years, the calculation may be based on the average salary of employees in the same or similar industry in the previous year where the court where the lawsuit is filed is located. (For those whose income exceeds the statutory tax amount, tax certificates and other relevant materials are required)
Lost work pay = monthly income for lost work × lost work time
8. Calculation formula of nursing fees
Nursing fees are determined based on the income status of the nursing staff, the number of caregivers, and the duration of care.
If the nursing staff has income, the calculation shall be based on the regulations on lost work pay. If the nursing staff has no income or hires a nursing worker, the calculation shall be based on the local labor remuneration standards for nursing workers of the same level of care. In principle, the number of nursing staff is one person, but if the medical institution or appraisal institution has clear opinions, the number of nursing staff can be determined by reference.
The nursing period shall be calculated until the victim regains his ability to take care of himself. If the victim is unable to regain the ability to take care of himself due to disability, a reasonable period of care may be determined based on his age, health status and other factors, but the maximum period shall not exceed twenty years.
Nursing fee = the remuneration standard for the same level of nursing labor at the place where the traffic accident occurred × the number of nursing days
9. Calculation formula of death compensation
According to Article 29 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", death compensation is calculated based on the disposable income of urban residents in the previous year or the per capita net income of rural residents in the location of the court where the lawsuit is filed, and is calculated over twenty years. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.
The compensation for death compensation is divided into the per capita disposable income of urban residents and the per capita income standard of rural residents. There is a big difference between the two. Due to the weak legal awareness of many people, many people's legitimate rights and interests cannot be protected. During the actual trial, the court examined the household registration more strictly, and relevant evidence was needed to confirm the case before it could be recognized as compensation based on the urban household registration.
Death compensation = per capita income of the previous year in the location of the court where the suit was filed × 20 years
In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle outage loss expenses, mental damage solatium, etc.