1. Medical expenses
Medical expenses are determined on the basis of receipts from medical institutions for medical expenses, hospitalization expenses, etc., together with relevant evidence such as medical records and medical certificates. The burden of proof should be placed on those who contest the necessity and reasonableness of treatment。
The amount of compensation for medical expenses is determined on the basis of the amount actually incurred before the end of the debate in the court of first instance. Rehabilitation costs, appropriate prosthetic and other follow-up treatment costs necessary for the rehabilitation of the function of the organ may be subject to separate prosecution by the person entitled to compensation after actual occurrence. However, based on a medical certificate or an assessment, it is determined that the necessary costs are compensable together with the medical expenses incurred。
Medical expenses include, inter alia, registration fees, examination fees, medical expenses, treatment costs, hospitalization and other necessary medical expenses。
(1) registered fees typically include hospital outpatients, specialist outpatients and forensic trauma clinics. Any registered costs paid to hospitals, etc. For treatment purposes should be included in compensation. The registration fee in rural rural dispensaries and personal clinics should also be included in compensation for any reasonable and necessary treatment。
(2) medical expenses shall be determined on the basis of a collection certificate issued by a medical institution, taking into account relevant evidence such as medical records and medical certificates. In practice, evidence such as receipt receipts, white bars, etc., with less evidence, should be judged in the context of other evidence, the effectiveness of which may be determined, and not simply denied, if a complete chain of evidence has been formed between the various evidences, giving sufficient certainty to the judge。
(3) the cost of treatment includes a range of treatment-related expenses such as usual injections, drug exchange, acupuncture, physiotherapy, surgery, chemical therapy, laser therapy, fracture fixing, bone tuning, orthopaedic, scar removal, plastic surgery, etc。
(4) the examination fee includes the cost of all necessary medical examinations, such as x-ray, ct, b super-inspection, etc。
(5) hospitalisation fees are determined on the basis of a receipt from a medical institution, together with relevant evidence such as medical records and medical certificates. Hospital fees may vary between regions, hospitals and even between victims. If the rural hospital is different from the urban hospital and the small hospital is different from the large hospital, compensation shall be paid if the relevant regulations are complied with and the hospital consents。
(6) other medical expenses. Compensation should be provided for necessary and possible organ transplants, consultations with outside experts, etc。
Under article 30 of the social insurance law of the people's republic of china (as amended in 2018), basic health insurance treatment and personal damages cannot be obtained in combination。
According to the provisions of the supreme people's court on certain issues in the hearing of administrative cases of industrial injury insurance (labour interpretation) [2014] article 8 provides that occupational injury insurance and personal injury compensation may be paid together, except for medical expenses。
2. Miswork costs
The late payment is based on the victim's late working time and income. The time spent at work is determined on the basis of a certificate from a medical institution where the victim is treated. If the victim continues to work because of the injury or disability, the period of such absence can be counted until the day before the scheduled disability. If the victim has a fixed income, the cost of the work is calculated on the basis of the actual reduced income. If the victim has no fixed income, it is calculated on the basis of his or her average income for the last three years; if the victim is unable to prove his or her average income for the last three years, it can be calculated by reference to the average salary of the worker in the previous year of the same or similar occupation where the court was seized。
The seat of the court is the province, autonomous region, municipality directly under the central government, special economic zone (shenzhen, chuhai, xiamen, zhuang) where the court is located, and the planned municipalities (dalian, qingdao, ningbo, xenmen, shenzhen)。
Persons without income who are able to work are also entitled to claim compensation for the loss of work。
3. Care costs
The cost of care is determined on the basis of the income of the caregiver and the number of caregiver, the duration of care. If the caregiver has an income, it is calculated by reference to the provision of the late-work fee; if the caregiver does not have an income or hires a caregiver, it is calculated by reference to the labour remuneration rate of the local caregiver for the same level of care. In principle, the caregiver is one person, but the number of caregiver can be determined by reference if there is a clear opinion from a medical institution or an accreditation body. The duration of the care shall be calculated until the victim is able to resume her/his life. If the victim is unable to recover self-reliance due to disability, a reasonable period of care may be determined based on factors such as age, state of health, etc., up to a maximum of twenty years. Post-disability care for victims should determine the level of care according to their level of dependence on care and in combination with the preparation of disability aids。
4. Transportation
The cost of transportation is calculated on the basis of the actual costs incurred by the victim and his/her necessary escort as a result of medical treatment or referral. The cost of transportation should be based on an official document; the relevant documentation should be consistent with the place, time, number and number of visits。
5. Inpatient catering supplement
In-patient food supplement may be determined by reference to the rates of the travel grant for the general staff of local state bodies. The victim did have to go to the field for treatment, could not be hospitalized for objective reasons, and the costs of accommodation and meals actually incurred by the victim himself and his companions were compensable in a reasonable part。
Reference is made to the administration of travel of central and national authorities (finance 2013) schedule no. 531 (standard scale of travel and food subsidies for central and state authorities) provides food support to staff of the central and state bodies during their official travels, with the vast majority of provinces, autonomous regions, municipalities directly under the central government and individual planned municipalities at $100 per day and tibet, xinjiang and qinghai at $120 per day。
The right-holder may also propose a standard for the payment of subsistence allowance to the general staff of the local state organs。
6. Nutrition
Nutrition costs are determined on the basis of the victim's disability by reference to the medical institutions。
7. Disability compensation
Disability compensation is calculated on the basis of the degree of incapacity or degree of disability of the victim, and on the basis of the disposable income of the inhabitants of the municipality in the year preceding the seat of the court against whom the complaint was made, for a period of 20 years from the date of determination of disability. However, at least 60 years old and above, the age is reduced by one year for each increase of one year; at the age of 75 and above, it is calculated at five years. Disability compensation may be adjusted accordingly if the victim is disabled by injury but his/her real income is not reduced, or if the disability is of a lesser degree and the occupational impairment seriously affects his/her employment。
The seat of the court is the province, autonomous region, municipality directly under the central government, special economic zone (shenzhen, chuhai, xiamen, zhuang) where the court is located, and the planned municipalities (dalian, qingdao, ningbo, xenmen, shenzhen)。
In 2024, the per capita disposable income of urban residents was $54188。
Disability compensation for first degree disability is 54188 yuan/year x 20 years x 100 per cent = $108,3760。
Disability compensation for secondary disability is 54188 yuan per year x 20 years x 90 per cent = 975384 yuan。
I'm sorry
Disability compensation for level ix disability is 54188 yuan/year x 20 years x 20 per cent = $216752。
Disability compensation for category x disability is 54188 yuan/year x 20 years x 10 per cent = $108,376。
8. Disability aids
The cost of disability aids is calculated on the basis of the reasonable cost of the normally applicable equipment. In the case of injuries with special needs, a reasonable standard of cost may be established by reference to the opinion of the assistive equipment establishment. The replacement period and compensation period for assistive devices are determined by reference to the opinion of the formulation agency。
9. Funeral expenses
Funeral expenses are calculated on the basis of the average monthly salary of the employee for the previous year at the seat of the court against which they were charged, at a total of six months。
The seat of the court is the province, autonomous region, municipality directly under the central government, special economic zone (shenzhen, chuhai, xiamen, zhuang) where the court is located, and the planned municipalities (dalian, qingdao, ningbo, xenmen, shenzhen)。
Reference is made to national standards. In 2024, the average monthly wage for non-private workers in towns nationwide was $10,343 and funeral expenses were $62,058 (10,433 per month x 6 months)
10. Death compensation
Death compensation is calculated on the basis of 20 years of disposable income for urban residents in the previous year at the seat of the court. However, at least 60 years old and above, the age is reduced by one year for each increase of one year; at the age of 75 and above, it is calculated at five years。
The seat of the court is the province, autonomous region, municipality directly under the central government, special economic zone (shenzhen, chuhai, xiamen, zhuang) where the court is located, and the planned municipalities (dalian, qingdao, ningbo, xenmen, shenzhen)。
For reference to national standards, the disposable income of urban residents in 2024 was $54188 and death compensation was $108,3760 (54188 per year x 20 years)。
11. Maintenance of dependants
The dependants ' maintenance is included in disability or death compensation。
The cost of living of the dependant is calculated on the basis of the degree of incapacity of the dependant and on the basis of the average consumption expenditure per inhabitant of the municipality in the previous year at the seat of the court. If the dependant is a minor, the calculation is up to the age of eighteen; if the dependant is incapable of working and has no other means of subsistence, the calculation is 20 years. However, at least 60 years old and above, the age is reduced by one year for each increase of one year; at the age of 75 and above, it is calculated at five years. A dependant is a minor to whom the victim is legally liable for maintenance or a close adult relative who is incapable of working and has no other means of subsistence. Where the dependant has other dependants, the obligation to compensate only the portion of the victim's legal liability. In the case of several dependants, the total annual compensation does not exceed the amount of consumption expenditure per inhabitant in the previous year。
“accounting” means the separate calculation of the dependant's cost of living and disability or death compensation, which is added to the total amount as the final disability or death compensation。
The seat of the court is the province, autonomous region, municipality directly under the central government, special economic zone (shenzhen, chuhai, xiamen, zhuang) where the court is located, and the planned municipalities (dalian, qingdao, ningbo, xenmen, shenzhen)。
For reference to national standards, per capita consumption expenditure for urban residents in 2024 was 34557 yuan。
12. Compassion for moral damage
The amount of compensation for moral damage is determined on the basis of:
(a) the extent of the fault of the infringer, unless otherwise provided by law
(b) the purpose, manner, circumstances, etc. Of the violation
(iii) the consequences of the violation
(iv) the profits of the infringer
(v) the financial capacity of the perpetrator to assume responsibility
(vi) average standard of living at the seat of the court seized。
Other
If the person entitled to compensation provides evidence that the person residing in the municipality of residence or habitual residence has a disposable income higher than that of the seat of the court to which the complaint is brought, the disability or death compensation may be calculated according to the relevant criteria of the place of residence or habitual residence。
If the period of care, the period of payment of assistive devices or the period of payment of disability compensation is exceeded, the people's court shall take up the claim for continued payment of care, assistive devices or disability compensation in the people's court. The people's court shall order the liability to continue paying the related expenses for a period of five to ten years if the right-holder is required to continue to provide care, make assistive devices, or have no means of working or living。
Legal basis
1. Law of the people's republic of china on social insurance
2. Administration of travel expenses of central and national authorities (finance 2013) (no. 531)
3. Regulations of the supreme people's court on certain issues in the hearing of administrative cases of industrial injury insurance (law interpretations) [2014] no. 9)
4. Interpretation of the supreme people's court on certain issues of the law applicable to the hearing of damages to persons (amended in 2022)
5. Interpretation of the supreme people's court on certain issues of determining liability for mental damage in tort (amended in 2020)
6. Reply of the supreme people's court to the question of whether employees or their relatives who have suffered an industrial injury as a result of a third person are also entitled to compensation for injury insurance after receiving civil compensation ([2006]) no. 12
