Compensation standards and calculation formulas for personal injury in Hunan Province (2021)

2021/01/3112:20:04 emotion 1867

On the morning of January 19, 2021, the Information Office of the People's Government of Hunan Province held a press conference. The Statistics Bureau of Hunan Province and the Hunan Survey Team of the National Bureau of Statistics jointly released the survey data of Hunan's economic and social development in 2020 and people's livelihood.

Compensation standards and calculation formulas for personal injury in Hunan Province (2021) - DayDayNews

Compensation standards and calculation formulas for personal injury in Hunan Province (2021) - DayDayNews

The per capita disposable income of urban residents in Hunan Province in 2020 41698 yuan, the per capita disposable income of rural residents is 16585 yuan;

The per capita consumption expenditure of urban residents in Hunan Province_ living in 2020 Strong8strong 26796 yuan, living consumption expenditure per capita of rural residents is 14974 yuan.

's main legal basis:

1. "Civil Code of the People's Republic of China" (2021.01.01)

2. "Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law for the Trial of Personal Injury Compensation Cases" (2021.01.01)

3. Changsha (also Yueyang, Chenzhou, and Changde): "Opinions on the uniform application of urban residents’ personal injury compensation standards in motor vehicle traffic accident liability disputes in the city (for trial implementation) (2019.12.19)

: _Strong8strong

Provides disputes over the rights of life, health, and physical rights, such as disputes over liability for damage caused by laborers and liability for motor vehicle traffic accidents.

Personal injury compensation items generally include: medical expenses, lost work expenses, lost work expenses, transportation expenses, hospital food subsidies, nutrition expenses, accommodation expenses, disability compensation, disability assistive devices, funeral expenses, dependents' living expenses, death Compensation money, mental damage soothing money. Among them, those affected by the livelihood survey data released every year are disability compensation, dependents' living expenses, and death compensation.

1. Disability compensation

Under 60 years of age: Disability compensation = per capita disposable income of urban residents in Hunan Province in 2020 or per capita net income of rural residents × 20 years × disability compensation index

Between 60-74 years old: Disability compensation = Hunan Province's 2020 urban residents' per capita disposable income or rural residents' per capita net income × [20 years-(actual age-60 years old)] × disability compensation index

Over 75 years of age: Disability compensation = Hunan Province's 2020 urban residents' per capita disposable income or rural residents' per capita net income × 5 years × disability compensation index

Disability compensation index: 10% 10%, 9th grade 20%, 8th 30%, 7th 40%, 6th 50%, 5th 60%, 4th 70%, 3rd 80%, 2nd 90%, 1st 100%.

calculation base: Hunan Province urban residents per capita disposable income 41698 yuan per capita in 2020, rural residents per capita disposable income 16,585 yuan;

Changsha area: since December 20, 2019 For the newly accepted first-instance cases of liability disputes over motor vehicle traffic accidents, when calculating disability compensation, uniformly calculates the per capita disposable income of urban residents in Hunan Province in the previous year.

2. Living expenses of dependents

Under 18 years of age: [Hunan Province's 2020 urban residents' per capita consumption expenditure or rural residents' per capita annual living consumption expenditure × (18-the actual age of the dependent)] ÷ The number of people who are obligated to support the dependent × the disability compensation index

18-60 years old: [Hunan Province 2020 urban residents per capita consumption expenditure or rural residents per capita annual living consumption expenditure × 20 years] ÷ The number of people who are obligated to support the dependents × Disability Compensation Index

Between 60-74 years of age: ÷ The number of dependents who bear the obligation of support × Disability Compensation Index

The dependents are at 75 Over the age of one year: [Hunan Province's per capita consumption expenditure of urban residents in 2020 or per capita annual consumption expenditure of rural residents × 5 years] ÷ the number of dependents who assume support obligations × disability compensation index

Calculation base: The per capita living consumption expenditure of urban residents in Hunan Province in 2020 is 26,796 yuan,The per capita consumption expenditure of rural residents is 14,974 yuan.

Changsha area: Since December 20, 2019, the newly accepted first-instance cases of motor vehicle traffic accident liability disputes, when calculating the dependents’ living expenses, uniformly follows the per capita consumption expenditure of urban residents in Hunan Province in the previous year Standard calculation.

3. Death compensation

Under 60 years old: Hunan Province 2020 urban residents' per capita disposable income or rural residents' per capita net income × 20 years

Between 60-74 years old: Hunan Province’s 2020 urban residents’ per capita disposable income or rural residents’ per capita net income × [20 years-(the actual age of the deceased -60 years old)]

over 75 years old: Hunan Province’s 2020 urban residents’ per capita disposable income or rural areas Per capita net income of residents×5 years

calculation base: The per capita disposable income of urban residents in Hunan Province in 2020 is 41698 yuan, and the per capita disposable income of rural residents is 16585 yuan;

Changsha area: For newly accepted first-instance cases of liability disputes for motor vehicle traffic accidents since December 20, 2019, when calculating death compensation, uniformly calculates the per capita disposable income of urban residents in Hunan Province in the previous year.

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