Legal analysis: The food subsidy for hospitalization can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. It is really necessary for the victim to go to other places for treatment, but he cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated. The food subsidy for hospitalization is for the victims who are hospitalized. If the victim is not hospitalized, there is no such compensation fee.

Legal basis: Article 1 179 of the Civil Law of People's Republic of China (PRC) infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the reduced income due to absenteeism.

If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.