Standard for personal injury compensation: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases;

If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill the obligation of safety and security within a reasonable range, causing personal injury to others, and the obligee for compensation requests him to bear the corresponding liability for compensation, the people's court shall support it.

Extended data;

Article 16 of the Tort Liability Law of People's Republic of China (PRC) stipulates that anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid. The specific criteria are as follows:

fee-for-service

Compensation for medical expenses should generally be based on the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses. If necessary, you can entrust a forensic expert to identify it.

The local treatment hospital generally refers to the hospital close to the victim's residence or the place where the infringement occurred.

If the victim has been treated in several hospitals with basically the same distance, the medical expenses of the first hospital should generally be determined, except for treatment mistakes or other special circumstances in this hospital.

It should be approved by the medical department, and it is not allowed to find another hospital for treatment without authorization. Generally, no compensation will be given.

If the victim repeatedly examines the same subject and the results are the same, in principle, only the cost of the first examination is determined, except that the treatment hospital really needs to conduct another examination. If the inspection results are inconsistent, the inspection fee before diagnosis shall be determined.

If the victim buys drugs unrelated to the damage or treats other diseases without authorization, the expenses will not be compensated.

If the victim really needs hospitalization or observation, he shall compensate the expenses. However, if the hospitalization time is extended after the discharge notice is issued, or if the hospitalization time is extended due to the treatment of diseases unrelated to the damage, the hospitalization expenses during the extended period will not be compensated.

Baidu Encyclopedia-Personal Injury Compensation