The compensation standards for construction site injuries include the following:
1. Medical Expenses:
It is determined on the basis of the medical expenses, hospitalization fees and other expense vouchers provided by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates. If the indemnity obligor has objections to the necessity and reasonableness of the treatment, it needs to bear the burden of proof. The amount of compensation for medical expenses shall be based on the amount actually incurred before the conclusion of the debate in the court of first instance. Including the rehabilitation expenses, cosmetic surgery expenses and other follow-up treatment expenses necessary for organ function recovery training, they may be sued separately after they are actually incurred, or the expenses that must be incurred are determined based on the medical certificate or appraisal conclusion, and the compensation shall be made together with the medical expenses already incurred.
2. Lost Time Pay:
It is determined based on the victim's lost time and income status. The time of missing work is determined according to the certificate issued by the medical institution, and if the victim continues to miss work due to disability due to injury, the lost time can be counted until the day before the date of disability. If the victim has a regular income, the loss of work pay is calculated based on the actual reduced income; If they do not have a regular income, they will be calculated based on their average income for the last three years; If the average income of the last three years cannot be proven, it can be calculated by referring to the average salary of employees in the same or similar industry in the previous year.
3. Nursing Fee:
It is determined according to the income status of the caregivers, the number of caregivers, and the duration of care. If the nursing staff has income, it shall be calculated with reference to the provisions on lost time pay; If there is no income or a caregiver is employed, it is calculated according to the labor remuneration standard for the same level of care performed by the local caregiver. In principle, the number of nursing staff is one person, but where the medical establishment or appraisal body has a clear opinion, the number of nursing personnel may be determined by reference. The period of care shall be calculated until the victim regains his or her ability to take care of himself/herself, and if he or she cannot recover due to disability, a reasonable period of care may be determined on the basis of factors such as age and health status, and shall not exceed 20 years. The level of care after the determination of disability is determined according to the degree of care dependence and the situation of the disability assistive devices.
4. Transportation Expenses:
It is calculated on the basis of the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or transfer to a hospital, and must be based on an official bill, and be consistent with the location, time, number of people, and frequency of medical treatment.
5. Hospitalization Meal Subsidy:
It can be determined with reference to the standard of business trip meal allowance for general staff of local state organs. If the victim really needs to go to another place for treatment and cannot be hospitalized due to objective reasons, a reasonable part of the accommodation and food expenses for himself and his accompanying staff shall be compensated.
6. Nutrition Fee:
It is determined on the basis of the victim's disability and with reference to the opinions of the medical institution.
7. Disability Compensation:
According to the degree of the victim's inability to work or the level of disability, it is calculated as 20 years from the date of determination of disability in accordance with the per capita disposable income standard of urban residents in the previous year at the location of the court where the lawsuit is filed. those over the age of 60 are reduced by one year for each additional year of age; Those over the age of 75 are counted as five years. If the victim is disabled due to the injury but the actual income has not been reduced, or the disability level is relatively minor but seriously affects the employment of the victim, the disability compensation may be adjusted accordingly. The calculation formula is as follows: disability compensation = per capita disposable income of urban residents in the previous year × compensation coefficient corresponding to the disability level of the court where the lawsuit is filed × 20 years.
8. Disability Assistive Device Fee:
It is calculated according to the reasonable cost standard of ordinary applicable equipment. If there are special needs, the corresponding fee standard can be determined with reference to the opinions of the assistive device preparation institution. The replacement cycle and compensation period of assistive devices are also determined with reference to the opinions of the formulating agency.
9. Dependents' living expenses:
According to the degree of the dependent's inability to work, it is calculated according to the per capita consumption expenditure standard of urban residents in the previous year at the location of the court where the lawsuit is filed. If the dependant is a minor, the age is 18; If they are unable to work and have no other source of livelihood, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Dependents refer to minors or adult close relatives who are legally dependent on the victim or who have lost the ability to work and have no other source of livelihood. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that is legally liable. If there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.
【Legal basis】
Article 1179 of the Civil Code provides that a person who infringes upon another person and causes personal injury shall compensate for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Medical expenses are determined on the basis of the medical expenses, hospitalization fees and other collection vouchers issued by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates. Where the person obligated to compensate has objections to the necessity and reasonableness of the treatment, it shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary rehabilitation expenses, appropriate cosmetic surgery expenses, and other follow-up treatment expenses necessary for organ function restoration training. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.
Article 7
Lost time pay is determined based on the victim's lost time and income.
The lost time is determined on the basis of a certificate issued by the medical institution where the victim received treatment. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
Article 8
The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing staff may be determined by reference.
The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not to exceed 20 years.
The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.
Article 9
Transportation expenses are calculated on the basis of the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer to a hospital. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.
Article 10
The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs.
If it is truly necessary for the victim to go to another place for treatment, but he cannot be hospitalized due to objective reasons, a reasonable part of the actual accommodation and food expenses incurred by the victim and his or her attendants shall be compensated.
Article 11
The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.
Article 12
Disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
Article 13
The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices. Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution.
The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the preparation agency.
Article 16
The living expenses of the dependants are included in the disability compensation or death compensation.
Article 17
The living expenses of the dependants are calculated according to the degree of the dependent's inability to work, and in accordance with the per capita consumption expenditure standards of urban residents in the previous year at the location of the court where the lawsuit is filed. If the dependents are minors, they are counted up to 18 years of age; If the dependant is unable to work and has no other source of livelihood, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Dependents refer to minors who are legally obligated to support the victim or adult close relatives who have lost the ability to work and have no other source of livelihood. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.