Compensation amount of food subsidy for hospitalization = standard of food subsidy for general staff of state organs on business trip (yuan/day) × days of hospitalization.
From the judicial interpretation of the Supreme People's Court, we can also know that the food expenses of the victim's caregivers should also be compensated. Although the necessary nursing staff can get the nursing fee during the victim's hospitalization, the nursing fee is paid according to the lost time and does not belong to the food subsidy project. During the period of hospitalization, the victim can't take care of himself in general, and the relatives he cares for are in emotional distress and inconvenient to live, so he should be given necessary economic compensation. Therefore, if the victim is taken care of by a close relative, in addition to receiving the nursing fee according to the regulations, you can consider paying him a certain food subsidy.
The Concept of Hospitalization Food Subsidy
In-hospital food subsidy refers to the compensation given by the relevant responsible person to the food consumption of the victim during the hospital treatment after the road traffic accident. The occurrence of hospital food allowance has a direct causal relationship with road traffic accidents, which is one of the contents of accident responsibility and should be compensated.
"Hospitalization food subsidies can be determined by referring to the standard of food subsidies for general staff of local state organs." "It is really necessary for the victim to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim himself and his entourage shall be compensated.
Legal basis: Article 10 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 stipulates that "the food subsidy for hospitalization can be determined by referring to the standard of food subsidy for ordinary staff of local state organs." "The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation expenses actually incurred by the victim himself and his entourage shall be compensated. " According to the above regulations, the calculation of hospitalization food allowance is mainly based on the travel food allowance of the state organs where the traffic accident occurred. The so-called traffic accident place refers to the provinces, autonomous regions and municipalities directly under the Central Government where the traffic accident happened. The compensation for hospitalization food expenses is limited to the food subsidy during hospitalization. As long as the victims of traffic accidents need hospitalization or rescue, no matter how long they stay in hospital, they should be paid food subsidies.