1. What is the appropriate amount of compensation for minor injuries in Dalian?
Fighting can cause tens of thousands to hundreds of thousands of yuan of minor injuries. Specific scope of compensation:
Medical expenses, lost time, nursing expenses, transportation expenses, food subsidies for hospitalization, and necessary nutrition expenses. Due to injury and disability, the necessary expenses incurred due to the increase of daily needs and the loss of income due to loss of working ability include disability compensation, disability AIDS, living expenses of dependents, and the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
Without compensation for mental damage, compensation for mental damage can be truly implemented. The reason is that the economic base determines the superstructure.
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 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.
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 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.
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.
Two, the 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.
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. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary 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.
At present, there are few compensation for mental damage in contemporary society in China, but there are compensation for mental damage that causes physical injury to others, but it is difficult to implement in real life. For example, some people can only get compensation for actual expenses such as medical expenses and lost time, but it does not include compensation for mental damage.