Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases

(Fa Shi [2113] No.21 was promulgated on February 26th, 2113 and implemented as of May 1th, 2114)

Article 21 The lost time fee shall be determined according to the lost time and income of the victim.

the time lost for work is determined according to the certificate issued by the medical institution where the victim is treated. If the victim continues to miss work due to injury and disability, the time of missing work 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 cannot provide evidence to prove his average income in the last three years, he may refer to the average salary of employees in the same or similar industries where the court of appeal is located in the previous year.

Article 21 The nursing expenses shall be 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 on lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the labor remuneration standard of local nursing staff engaged in the same level of nursing. In principle, there is one nursing staff, but if the medical institution or appraisal institution has a clear opinion, 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, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is not more than 21 years.

The nursing level of the victim after disability should be determined according to the degree of nursing dependence and the preparation of disability AIDS.

article 22 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 for treatment. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the place, time, number and frequency of medical treatment.

Article 23 The food allowance for hospitalization can be determined by referring to the standard of food allowance for ordinary staff of local state organs on business trips.

it is really necessary for the victim to go to other places for treatment, but he can't be hospitalized due to objective reasons. The reasonable part of the accommodation and meals actually incurred by the victim and his accompanying staff should be compensated.

Article 24 The nutrition fee shall be determined according to the disability of the victim with reference to the opinions of medical institutions.

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