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Evaluation standard and compensation standard of industrial injury and disability in Jiangsu Province

Legal Subjectivity:

The answers to this question are as follows: Compensation standard: Compensation standard for industrial injury disability in Jiangsu in 2121: 1. Disability compensation Disability compensation refers to the property compensation for the victim who loses all or part of his working ability due to personal injury and disability. Because the disabled victim caused by personal injury has lost part or all of his working ability, the victim will reduce or lose his income after personal injury. This kind of loss is a direct consequence of personal injury and a kind of property loss. For this kind of property loss, the compensation obligor shall make compensation. When determining the disability compensation, we should consider the factors of the degree of disability or the level of disability. 1. If you lose your ability to work, you will be compensated. Partial loss of working ability, according to the degree of loss, the corresponding amount of compensation. -Theory of Relative Loss of Labor Ability 2. In determining the degree of loss of labor ability or disability level of specific victims, you can refer to the relevant provisions of the Regulations on Industrial Injury Insurance. 3. Considering the complexity of actual personal injury compensation in real life, the second paragraph of Article 25 of the judicial interpretation of personal injury compensation stipulates: "The victim is disabled due to injury, but his actual income has not decreased, etc." This judicial interpretation gives the judge a certain discretion to adjust the disability compensation appropriately in consideration of the actual situation. -the theory of loss of income (also known as the difference theory) disability compensation = per capita disposable income of urban residents (or per capita net income of rural residents) in the last year where the court of appeal is located ×21 years× disability coefficient (1) Disability compensation for urban residents whose victims are under 61 years old = per capita disposable income of urban households ×21 years × disability compensation coefficient = per capita net income of farmers ×21 years × disability compensation coefficient (2) Disability compensation for urban residents whose victims are between 61 and 74 years old = per capita disposable income of urban households ×[21 years-(the actual age of the victim is -61 years old)] * Disability compensation coefficient Rural residents' disability compensation = per capita net income of farmers * [21 years-(the actual age of the victim is 61 years old)] * Disability compensation coefficient (3) Disability compensation for urban residents whose victims are over 75 years old = per capita disposable income of urban households * 5 years * Disability compensation coefficient Rural residents' disability compensation = per capita net income of farmers * 5 years * Disability compensation coefficient 2, Expenses for disabled appliances If the appliances with compensation function need to be prepared due to disability, the compensation amount shall be calculated according to the expenses of popular appliances according to the certificate of the treatment hospital or the opinion of forensic doctors, combined with the factors such as the age of users, the average life expectancy of China's population, the service life of appliances and so on. Compensation Project Jiangsu Province Disability Level Compensation Project in 2121: Calculation Method of Disability Compensation Disability Appliance Fee Reference Data of Jiangsu Province in 2121: 1. Per capita disposable income of urban residents is 32,121 yuan 2. Per capita consumer expenditure of urban residents is 21,211 yuan 3. Per capita net income of rural residents is 13,598 yuan 4. Per capita living consumption expenditure of rural residents is 9,617 yuan 5. Last year, the average income of people from all walks of life in the province was 121,214 yuan in finance, 97,813 yuan in electricity, heat, gas and water production and supply, 95,717 yuan in information transmission, software and information technology services, 79,141 yuan in scientific research and technical services, 76,438 yuan in management, social security and social organizations, 71,225 yuan in health and social work, 67,591 yuan in culture, Sports and entertainment industry 64739 yuan mining industry 59348 yuan transportation, warehousing and postal industry 57458 yuan real estate industry 57411 yuan manufacturing industry 53395 yuan wholesale and retail industry 52121 yuan construction industry 51681 yuan leasing and business service industry 49172 yuan water conservancy, environment and public facilities management industry 47294 yuan resident service, Repair and other service industries: 46,497 yuan; accommodation and catering industry: 34,618 yuan; agriculture, forestry, animal husbandry and fishery: 31,185 yuan; calculation method of Jiangsu Province's disability level compensation standard in 2121: 1. Disability compensation = per capita disposable income of urban residents (or per capita net income of rural residents) in the last year where the sued court is located ×21 years× disability coefficient (1). Disability compensation for urban residents whose victims are under 61 years old = per capita disposable income of urban households ×21 years × disability compensation coefficient = per capita net income of farmers ×21 years × disability compensation coefficient (2) Disability compensation for urban residents whose victims are between 61 and 74 years old = per capita disposable income of urban households ×[21 years-(the actual age of the victim is -61 years old)] × Disability compensation coefficient Rural residents' disability compensation = per capita net income of farmers ×[21 years-(the actual age of the victim is 61 years old) ]× Disability compensation coefficient (3) Disability compensation for urban residents whose victims are over 75 years old = per capita disposable income of urban households ×5 years × disability compensation coefficient Rural residents' disability compensation = per capita net income of farmers ×5 years × disability compensation coefficient (Note: the disability compensation coefficient is: Grade I. Grade II: 91%; Grade III: 81%; Level 4: 71%; Level 5: 61%; Level 6: 51%; Level 7: 41%; Level 8: 31%; Grade 9: 21%; Level 11: 11%. ) 2. Disability appliance fee If the appliance with compensation function needs to be prepared due to disability, the compensation amount shall be calculated according to the cost of popular appliances according to the certificate of the treatment hospital or the forensic opinion, combined with the age of the user, the average life expectancy of the population in China, the service life of the appliance and other factors. Legal objectivity:

Article 33 of the Regulations on Work-related Injury Insurance: If an employee needs to take a break from work to receive work-related injury medical treatment due to work-related accidents or occupational diseases, the original salary and welfare benefits will remain unchanged during the period of suspension with pay, and the unit where he works will pay him monthly. The period of shutdown with pay is generally no more than 1.2 months. Serious injury or special circumstances, confirmed by the municipal labor ability appraisal committee, can be appropriately extended, but the extension shall not exceed 1.2 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of shutdown with pay will continue to enjoy medical treatment for work-related injuries. If the injured workers who can't take care of themselves need nursing during the period of shutdown with pay, the unit where they work is responsible.