Personal injury claim

On the standard and calculation of personal injury compensation

(A) the main problems existing in the provisions of personal injury compensation

1. Basic compensation items

Article 17 of the Judicial Interpretation of Personal Injury Compensation stipulates the basic items of personal injury compensation, namely:

One is to compensate the obligor for general injuries, such as medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc.

Second, if the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the need of daily life and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

Third, if the victim dies, the compensation obligor shall, in addition to paying the relevant expenses stipulated in the first paragraph of this article according to the needs of rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation, transportation expenses, accommodation expenses, lost time and other reasonable expenses of the victim's relatives.

2. On the nature of disability compensation and death compensation.

On this issue, we should pay special attention to the fact that the judicial interpretation changed the nature of disability compensation and death compensation in the past to the nature of material damage now, so it belongs to the scope of personal injury compensation, not to the scope of mental injury compensation.

We can look at it. In the judicial interpretation of compensation for mental damage, the item that stipulates compensation for mental damage is called mental damage consolation money, which includes three parts: first, disability compensation; One is death compensation; One is other spiritual consolation money. These three parts constitute compensation for mental damage. This time, the judicial interpretation changed it, changing death compensation and disability compensation into material damage compensation, that is to say, death compensation and disability compensation are no longer the scope of mental damage compensation, which is a big change.

Let me introduce the evolution of this problem. Let's take a look first. After the promulgation of General Principles of Civil Law, death compensation is the compensation for funeral expenses stipulated in Article 1 19. Later, everyone felt that this provision was unreasonable because the amount of death compensation was too small to compensate the victims' losses. So ask for change. The Measures for Handling Road Traffic Accidents stipulates death compensation for the first time. At that time, I was still working in the Civil Division of the Supreme Court, and the Ministry of Public Security drafted the Measures for Handling Road Traffic Accidents. The civil court sent people to participate, and one of the opinions put forward was to seek to solve the problem of insufficient death compensation. Therefore, according to our suggestion, we wrote the provisions on death compensation. For the first time, compensation for mental damage was stipulated. Later, in the Product Quality Law, pension compensation was stipulated, just like death compensation. Later, when the State Compensation Law and the Consumer Protection Law were drafted, unified death compensation and disability compensation were added. Since the Measures for Handling Road Traffic Accidents, these provisions have been regarded as compensation for mental damage, especially the death compensation and disability compensation stipulated in the Consumer Law, which have a greater impact. The most typical case was tried by the Haidian District Court in Beijing. Jia Guoyu's family was having dinner at Chunhai Hotel, and the small liquefied gas bottle of the cassette stove exploded, causing Jia Guoyu to be seriously injured and disfigured. After the court awarded other personal injury compensation, it also awarded disability compensation of 654.38+10,000 yuan. This case is the first compensation of 6,543,800 yuan for disability compensation, and the actual compensation is mental damage, not property damage.

Before this judicial interpretation, death compensation and disability compensation were compensation for mental damage. Now the nature of disability compensation and death compensation mentioned in judicial interpretation has changed, which is mainly reflected in the provisions of Article 18, which stipulates: "If the victim or the close relatives of the deceased suffer mental damage and the obligee requests compensation for mental damage from the people's court, the Provisions of the Supreme People's Court on Several Issues Concerning Determining the Liability for Mental Damage in Civil Torts shall apply. This provision is not very successful, because there is a cyclical problem: the determination of mental damage compensation should be confirmed according to the judicial interpretation of mental damage compensation, and the death compensation and disability compensation mentioned in the judicial interpretation of mental damage compensation are the problems of mental damage compensation. At present, article 17 of the judicial interpretation of personal injury compensation stipulates that death compensation and disability compensation should be included in the scope of personal injury compensation, so the reasons and meanings of these two provisions are clear to everyone, but the provisions are written. Now it can only be interpreted according to the meaning, that is to say, in the future, compensation for mental damage, involving personal injury compensation, is compensation for mental damage, and compensation for disability and death will become material damage, so we should pay attention to it.

Another point that needs special attention is that disability compensation has replaced the "living allowance for the disabled", which is equivalent to amending the provisions of the General Principles of the Civil Law. In this judicial interpretation, the compensation for the living allowance for the disabled is no longer mentioned, but the disability compensation is directly compensated. Then, after May 1, the compensation for disabled victims will be disability compensation rather than living allowance. Compensation for the dead is equal to compensation for the "remaining life" of the dead. According to the average life expectancy of China people, men are generally around 73 years old and women are around 76 years old. If a person dies at the age of 50 and has less than 20 years to live, the compensation for death is equal to the compensation for the remaining life of the victim. This change should be said to be consistent with the contents stipulated in the compensation laws of various countries.

3. On compensation for mental damage and infringement of body rights.

In this judicial interpretation, the compensation for death and disability has been transferred to material damage, leaving spiritual damages. What is the object of compensation for mental damages? It compensates the mental pain of the close relatives of the deceased and the pain of the disabled victims.

In addition to these two points, there are also mental damages caused by general injuries, which can claim compensation for mental damages. In terms of scope, it should be said that there is another issue that can also claim compensation for mental damage, which is mentioned in the first article of this judicial interpretation. If the right to life, health and body are infringed, the people's court shall accept the case that the obligee of compensation sues the obligor of compensation for property loss and mental damage. 17 refers mainly to the compensation for damages to the right to life and health, but hardly to the compensation for damages to the right to body. Then, can you also claim compensation for the damage to your physical rights? Article 1 stipulates that physical damage can also be compensated. Injury to the body is generally unlikely to cause property damage. How to determine the right of body? Taking American tort law as an example, beatings can be divided into two different types, one is harmful beatings, which infringe on the right to health; One is aggressive beating that violates the right of the body.

Infringement of body rights has been stipulated in the judicial interpretation of compensation for mental damage, and infringement of body rights can claim compensation for mental damage. But so far, few courts in China have tried typical cases of violation of body rights. What does this mean? I think the main reason is that China people don't know the concept of body rights. In addition, our judges rarely meet the requirements of the parties for compensation for mental damage of physical rights, and there are no cases in this regard. Although the body right is stipulated in this way, you can claim compensation for mental damage if your body right is violated. For three years, I have not seen a typical case.

Recently, I saw two cases, one was tried and the other was not tried, but neither was based on personal rights. One case is that in a middle school in a township, when the teacher attends class in the morning, the teacher punishes all the students in the first class and stands for one class at a time. While waiting for the second class, every student was asked to hold out his palm. The teacher scratched each student's palm with a pencil sharpener, first with the back of the knife, then with the tip of the knife, and some even scratched the students' hands. I think this kind of case is a violation of personal rights. Another case is a case tried in Wuhan, involving sexual harassment. When the plaintiff informed me of the harassment, he claimed that the defendant had violated my personal rights. The case is the teaching and research section of a middle school. The deputy director of the teaching and research section is a male teacher, and the new one is a female teacher. Male teachers often verbally harass female teachers. Once their school organized teachers to travel and stay in hotels. Subsequently, the male teacher entered the female teacher's room and had illegal physical contact with her. When the female teacher sued, she claimed that the male teacher had violated her personal rights. When the court found that the male teacher had violated the facts, it also mentioned that she had violated her own body. This is a sexual harassment lawsuit against the body, but in the end, it is not judged by infringement of physical rights, but it is judged that he constitutes sexual harassment. These are all cases of violation of personal rights.

So, what kind of right is this physical right? It is the right to maintain the integrity of all parts of the body. The infringement of body rights includes two aspects: first, it destroys the substantial integrity of the body and causes the mutilation of body components, which is not the damage to health rights, but the damage to body rights. For example, a punch that knocks out a tooth does not do much harm to health, which is a violation of the right to the body. The other is the violation of the formal integrity of body rights, that is to say, my body can't be touched illegally, just like an aggressive beating. I didn't hurt you, but I swollen my face, which is the damage to my formal integrity. These are all damages to personal rights. Generally speaking, these two kinds of behaviors that infringe on the right of body will not cause harmful consequences, and the harmful consequences constitute violations of the right to health.

The most important remedy for infringement of physical rights is mental damage, that is, mental damage consolation money. If property losses are caused, compensation for property losses shall also be made.

Compensation for death, disability, general injury and infringement of personal rights without causing injury are all applicable to compensation for mental damage. How much should mental damage compensation pay? In the past few years, some cities have set standards. Standards stipulated by Guangzhou In the Consumer Law, the minimum standard for compensation for mental damage is 50,000, and the highest standard is 50,000 stipulated by Chongqing. It turns out that when the Supreme Court drafted the judicial interpretation of mental damage, it also mentioned the maximum standard of 50,000 in the draft. Let's just say, don't talk nonsense. If the highest standard stipulated by the Supreme Court is 50,000, then the lowest standard stipulated by Guangzhou is 50,000, that is, the lowest standard is 50,000 and the highest standard is 50,000. Aren't you in big trouble? You can also look at the draft civil code drafted by the National People's Congress Standing Committee (NPCSC), which stipulates that the highest standard is 654.38+ 10,000. I said that's nonsense, too. What is the Civil Code? The Civil Code has a long history. The French civil code has been used for 200 years, and people haven't changed much. If the maximum amount of compensation for mental damage is set at present, the law will have to be amended after 10 years. Aren't you still laying the foundation for future practice?

Many people say that there is no remedy for mental damage compensation, and the amount of mental damage compensation is just a nonsense figure. He also said that it is best to clearly mark the price. Many reporters asked me in interviews whether compensation for mental damage should be clearly marked. I said, it's impossible to put a price tag. Compensation for mental damage is the judge's discretion. The judge thinks that the appropriate amount is the appropriate amount. Is there any standard for this amount? I said, there are three standards: the first standard can comfort the victim's mental damage; The second standard can impose sanctions on offenders' illegal acts; The third standard can play a warning or educational role for the general public. Determining the amount of compensation for mental damage is based on these three points, and this amount is the appropriate amount. For example, a case of compensation for mental damage in Shanghai is the Watsons case. A female college student went to the supermarket to buy things and was accused of stealing. Then she took off her clothes and searched her. The court of first instance awarded compensation of 200,000 yuan for mental damage. Later, she appealed to the court of second instance and changed it to 1 000 yuan. Later, a reporter asked me, Teacher Yang, what do you think is appropriate? I said that neither amount is appropriate, 200,000 is too much, and 1 0,000 is too little. If it is 50000 to 1000, it is more appropriate. Specifically, for example, in the court, the amount of compensation in that case is still relatively. For example, a severe disability should be compensated for 654.38+million, and a severe disability should be compensated for 1.5 million. There is probably a standard, which depends on the accumulation of case experience, and then the judge can grasp an appropriate amount, but the final judgment depends on the judge.

4. Identification and compensation of sexual harassment cases

Just now, I mentioned the issue of sexual harassment, and I will introduce it here a little.

Recently, several students and I are doing a project to study sexual harassment. In recent years, sexual harassment cases have occurred one after another. There are about nine such cases in the country. I said 2.5 won the case, because one won the case, but no compensation was awarded, which was only half.

In most sexual harassment cases, the plaintiff lost the case. In fact, where did the plaintiff lose? It's mainly about evidence. The plaintiff sued the defendant for sexual harassment. You must produce evidence. Sexual harassment is usually one-on-one, so how to determine this evidence? A case of sexual harassment was rejected, and reporters such as China Women's Daily and China Women's Magazine were indignant and asked me to explain. I don't say this to complain about others, but I still have to blame myself. What can I say without sufficient evidence? He said, you see, there is also evidence. What is the evidence? He said that many colleagues in this unit have confirmed that the boss often looks for her and enters her office. I said this evidence can't prove the problem; The second evidence is that one day two colleagues confirmed that she screamed in the office after the boss called her to the office. I said, it's hard to say what the screaming is and its nature is hard to determine. Can this evidence prove the problem of sexual harassment? Therefore, it is mainly a matter of evidence, and it cannot be said that the judge does not protect the victim.

The second question in sexual harassment is what rights sexual harassment violates? Under different legal systems in different countries, the targets of sexual harassment are different. Where the laws in the United States and Japan are the most perfect, they are actually protecting the rights of workers. Sexual harassment is considered sexual harassment if it occurs in the workplace, workplace and such occasions. This is the major. However, some countries are not like this. They think that sexual harassment violates sexual rights. This is correct protectionism. What method should we adopt? Later, I said that the practices of the United States and Japan could not be adopted, and sexual harassment must be in the workplace or workplace, which was an interference with the labor order. What is his practice? In other words, employees are sexually harassed in enterprises or units. Not only the person who directly harassed you should bear the responsibility, but also the boss should bear the responsibility. Because the working environment you provide is not good, as we said, the vicarious liability is similar. This is not the case in most countries, and sexual harassment is still a violation of individual rights. These sexual harassment cases we are dealing with now are both in the workplace and among ordinary colleagues, such as the two teachers I mentioned just now. There is also a purely general occasion. Recently, the Chaoyang District Court in Beijing handled a sexual harassment case, which was mobile phone harassment, saying that two men were colleagues and the two families were very close and frequent. One day, this person on the other side, the defendant, sent a short message to a colleague's wife, the plaintiff, saying that my wife and I were going shopping. Come and go shopping with us! The plaintiff ran to their home immediately after receiving the text message. After going to their house, she found that only this man was at home, so she asked, why are you alone? He said that it is not good to go shopping with us because my wife is out! It's better for us to go shopping than to go with my wife. It's a bit provocative. The woman said, we are all serious people, how can we do this? According to the plaintiff, the defendant did something and the plaintiff broke free and ran home. In the next two or three days, the defendant sent eight short messages to the plaintiff, all about sex. The plaintiff thought that she had been sexually harassed, so she sued the court, claiming that the defendant used mobile phone text messages for sexual harassment. When I arrived at the court, the defendant said that I was joking with the plaintiff. I had driven it before. The judge said, show me your evidence! Then the defendant's wife also testified that they were having an affair, and one day I saw them lying in bed! Where is the evidence? The evidence presented by the plaintiff is affirmative, and there are 8 messages on the mobile phone! These are all from your mobile phone. What do you have to deny? Finally, the defendant said, I'm kidding. But the plaintiff doesn't think you are joking, you just constitute sexual harassment. Therefore, the court ruled that the defendant constituted sexual harassment. This case is clear, that is to say, the position we actually take to counter sexual harassment is to protect sexual rights. In other words, if a person controls his sexual interest and makes some sexual teasing or other related behaviors against my will, then you constitute sexual harassment. So I think this case is particularly typical, that is, it can show that the object of sexual harassment can be determined and the behavior mode can also be determined. This is sexual harassment and violation of sexual rights. Of course, there are also women who sexually harass men, and if they go against their wishes, it also constitutes sexual harassment. There are fewer cases of sexual harassment, one is the problem of evidence, and the other is that people don't know enough about this problem.

(2) Specific problems

Some provisions in this judicial interpretation are specific compensation issues, so I will briefly talk about some places that are different from the past.

1. Medical expenses compensation

Article 19 is about compensation for medical expenses. Compensation for medical expenses, the most important provision of article 19 of this judicial interpretation, is the provision on the distribution of burden of proof. The plaintiff claimed the amount of compensation, and he produced the evidence. If the defendant makes a negative evaluation of the plaintiff's compensation, the defendant shall prove it. In this way, the burden of proof has changed. The fact and amount of damage should be proved by the plaintiff, but in this case, if the defendant questions its rationality, you must produce evidence to prove it. If he can be proved unreasonable, then the court will accept it. This provision is even more important. In the late 1970s and early 1980s, there was no distribution system of burden of proof. The defendant will say that there is a problem after the parties put forward the amount of compensation. The judge went to the hospital by bus to check the cost of medicine and prescription. Now, if the defendant denies it, the defendant will prove it himself. This is absolutely correct.

In addition, the deadline for determining medical expenses is the end of the debate in the court of first instance. In other words, our court is studying the amount of compensation for this trial, and the medical expenses incurred in the future are the cost of continuing treatment and can be prosecuted separately. This rule is also very good, completely blocking this time limit.

The third thing to be introduced is that the general principle of follow-up treatment costs is to sue separately when the actual expenses are incurred after the judgment, which is a very good calculation method of medical expenses compensation.

2. Compensation for lost time

Article 20 provides for compensation for lost time. In the past, the compensation for lost time was based on the actual lost time. Later, according to the provisions of the state compensation law, there is a maximum amount, which does not exceed five times the average salary. This judicial interpretation has been changed and there is no cap, so the lost time fee is calculated according to the actual loss. Here are some key points:

First, the determination of lost time. In one case, the certificate issued by a medical institution is taken as the identification standard; In another case, if the disability causes continuous absence, the absence time will be set on the day before the disability. What does this mean? In other words, you have lost your ability to work because of your disability. At this time, compensation for disability compensation is also an impasse. It is also very important to calculate the boundary between disability compensation and lost time, that is, from the date of disability, compensation for lost time before disability and compensation for disability after disability.

Second, what is the calculation principle of lost income due to delayed work? If there is a fixed income, it shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to the average income in the last three years. In addition, if the average income in the last three years cannot be proved, it shall be determined by referring to the average salary of employees in the same industry or similar industries where the Court of Appeal is located. These three criteria are clear. Now there is a problem here, that is, people with particularly high incomes, such as the victim being the boss, can't afford to pay millions of dollars a year. What should I do at this time? This judicial interpretation does not stipulate the maximum amount of compensation, which is a bit troublesome.

3. Compensation for nursing expenses

Article 2 1 is about compensation for nursing expenses. In principle, the compensation of nursing expenses is determined according to the income status and working years of nursing staff, which is a general principle. So, in principle, the nurse is a person. If a medical institution or appraisal institution has a clear opinion, it shall be handled with reference to his opinion. If you need special care, you need special certificates. In addition, if the nursing staff has income, it shall be calculated according to the provisions of compensation for lost time. If the nursing staff has no income or employs nursing staff, it shall be calculated according to the local labor remuneration of the same level of nursing. This standard is very low, and the salary of nurses in general hospitals is the lowest. For example, the nursing staff in our hometown are only 400 yuan a month.

The general principle of nursing period is until the victim recovers the ability of self-care. In addition, if the victim can't recover his self-care ability due to disability, the longest nursing period shall not exceed 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the use of disability equipment, and then the nursing expenses should be determined.

4. Compensation for transportation expenses

Compensation for transportation expenses stipulated in Article 22. The compensation for transportation expenses is relatively simple. The first is the actual transportation expenses incurred by the victim's nursing staff when they are transferred to hospital for treatment. Second, the standard for judging the compensation for transportation expenses is based on official bills, which should be consistent with the time, frequency and place of medical treatment.

5. Hospitalization meal compensation

Article 23 provides for food subsidies for hospitalization. In-hospital food subsidies generally refer to the staff travel subsidy standards, so they are generally subsidized according to the general staff travel food standards of state organs. Those who go to other places for treatment cannot be hospitalized, and the accommodation and meals actually incurred by the victims themselves and their accompanying personnel should be compensated reasonably.

6. Nutrition cost compensation

Article 24 provides for nutrition fees. Nutrition fee depends on the situation, and most judges use it. If you need nutrition fees, you need to ask a forensic doctor for identification.

7. Disability compensation

Article 25 provides for disability compensation. Disability compensation has replaced the original living allowance for the disabled. There are four main points in this part:

1. What is the basis for compensation? Disability compensation is based on the degree or level of disability of the victim, and not all of them should be done according to this standard. There is a problem that needs attention. How much is the disability compensation? There are three opinions: the first one advocates compensation for wage loss, which is the "income loss theory", causing disability and wage loss, and how much compensation should be paid for wage loss; The second claim is to compensate for the loss of labor ability, which is the "theory of loss of labor ability"; The third is to compensate for the loss of source of life, which is the "theory of loss of source of life". You hurt me. I have no source of income now. You have to compensate me for losing my source of income. Our "General Principles of Civil Law" originally talked about the compensation of living allowance, that is, the loss of the source of life. I don't care how much money you earn, but now you are disabled and the compensation is your living expenses. This is the most unreasonable standard. Loss of working ability means how much you lose working ability, and I will compensate you, regardless of whether your income is lost. This is not particularly easy to calculate. Therefore, wage income loss is the most accurate calculation method. If you are disabled and lose your ability to work, I will compensate you for your salary loss. For example, your monthly income is 1000 yuan, but now your working ability is partially lost after being damaged. You can only earn 800 yuan in a month, and your salary income is less than that of 200 yuan. You should compensate 200 yuan for his salary income. I have completely lost my ability to work and can't work. You should compensate me for the loss of 1000 yuan. The current judicial interpretation of disability compensation is mainly about wage income.

Second, what is the standard of compensation? It is the standard of 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.

Third, when is the time limit for compensation? 20 years from the date of disability. But over 60 years of age, the age will be reduced by one year for each additional year; Over 75 years of age, calculated by 5 years. In addition, if the victim is disabled due to injury, but his actual income has not decreased, or the level of disability is light, but the occupational injury seriously affects his employment, the disability compensation can be adjusted accordingly.

This kind of compensation will be called multiple compensation and multiple payment in the future. Not a real loss, but a loss that may be spent in the future. So it is future compensation, and it is future multiple compensation. There are two ways of compensation: one is one-time compensation, and the other is periodic gold compensation. This article provides for one-time compensation. This kind of one-time compensation, the longest compensation period is 20 years, how much compensation should be paid in these 20 years, one-time payment.

In the following clauses of the judicial interpretation, compensation paid regularly is also mentioned. For a long time, we have always emphasized the necessity of paying compensation regularly. What are the benefits of one-time compensation? One-time compensation ended this legal relationship at once, and it will save trouble in the future. But there are two problems with one-time compensation. One is that if one-time compensation is made for 20 years, but he is still alive after 20 years, there is also the problem of continuing compensation. The other is that compensation has been determined for 20 years. If he dies after living for two years, it means that his close relatives have earned 18 years of compensation for nothing.

Then, what kind of method is used for regular payment compensation? In other words, my judgment determines the amount of compensation each year, and it is fair and reasonable to compensate the victims for how many years they live. However, there is also a problem with regular payment, that is, there are risks. I have the ability to pay compensation now, but until 20 years ago, I didn't know if I still had the ability to pay. This risk should also be solved by providing guarantee. This kind of multiple compensation in the future can be one-time compensation or regular payment. At present, we usually adopt the way of one-time compensation, and the way of regular payment is rarely applicable. You can try this later.

8. Compensation for assistive devices with disabilities

Article 26 provides for compensation for assistive devices with disabilities. This part stipulates three main points:

First, the standard of assistive devices should be general, almost the lowest type.

Second, if the victim's injury has special needs, the corresponding reasonable cost standard can be determined with reference to the opinions of the auxiliary equipment preparation institution.

Thirdly, the replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the appliance preparation organization.

Let me give you an example to illustrate that there is a promise case in Beijing, which was decided by 1998 or 1997. At that time, compensation of 2.07 million yuan was awarded, which was the highest compensation amount in the country at that time. Here's the situation. A nine-year-old child named promise and a classmate went to an architectural design institute on their way home from school. There is a small power distribution room at the entrance of this architectural design institute. This substation room is not particularly high. There is a telephone pole above this substation room for introducing high-voltage lines, where there is a switch control. The switch is a bare switch. According to the electrical construction specification, the exposed switch should be 2.2m above the ground. According to the average height in our country, there is no danger. The turnout was set at1.8m when it was completed, and it was lowered to1.4m when it was maintained. The child thought something had been thrown in the distribution room. He thought there must be something good, so he wanted to go up and pick it up. There is a wall on this side of the substation. There is an illegally built house next to this wall. There is a tricycle parked next to this house. The child stepped on the tricycle and stepped on the wall from the illegal building. Below the wall is this substation. He promised to jump, so he put his hand on the switch. The current on the switch knocked him to the ground at once, causing the child to amputate his arms. This case should be said to be an * * * accomplice without negligence, which is the kind of * * * accomplice tort mentioned above. The accidental combination of the behaviors of power supply organs, maintenance units and property rights organs in illegal buildings has caused such damage results, including the responsibility of parents' poor supervision. These behaviors combine to cause harm to children, which is a typical * * * no-fault communication and concurrent injury. Later, the compensation was paid 2.07 million yuan, of which the main compensation was the disability appliance fee.

The dispute in this case is the standard of disability equipment fee. In the initial calculation, a German standard was used, which was too high. The second is the replacement cycle. Whether it is changed once a year or once every four years, the standard used is also one year, and the standard is too high. So I calculated more than 2 million compensation.

9. Compensation for funeral expenses

Article 27 provides for compensation? /ca & gt；

References:

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