Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
Measures for the Administration of Labor Ability Appraisal of Workers with Work-related Injury Article 1 In order to strengthen the management of labor ability appraisal and standardize the procedures of labor ability appraisal, these measures are formulated in accordance with the Social Insurance Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases and the Regulations on Work-related Injury Insurance. "People's Republic of China (PRC) social insurance law" article eighty-ninth * * * social insurance agencies and their staff have one of the following acts, the social insurance administrative department shall order it to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law: (1) failing to perform the statutory duties of social insurance; (2) Failing to deposit the social insurance fund into the special financial account; (3) Deducting or refusing to pay social insurance benefits on time; (four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records; (five) other acts in violation of social insurance laws and regulations.