With the release of data on per capita disposable income and per capita consumer expenditure in Heilongjiang Province in 2023, the latest calculation standards for personal injury (traffic accident) compensation cases have been updated. The latest compensation standards are as follows:
Article 1179 of the Civil Code of the People's Republic of China stipulates that "for infringing upon others causing personal injury, medical expenses, nursing expenses, transportation expenses, nutrition expenses, and in-hospital meal subsidies, etc., shall be compensated for reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost work. In case of disability, auxiliary appliance fees and disability compensation shall also be compensated; in case of death, funeral expenses and death compensation shall also be compensated."
01
Heilongjiang Province Personal Injury Compensation Calculation Reference Table
Heilongjiang Province Personal Injury Compensation Calculation Reference Table 2024
Heilongjiang Province Personal Injury Compensation Data Statistics 2018-2023
Note: 1. Judicial interpretation of personal injury, namely "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (2020 Revision), implemented in November 2021."
2. According to the Heilongjiang Provincial Department of Finance (April 2014), the meal subsidy for provincial government staff on business trips has been adjusted to 100 yuan/day;
3. "Opinions on the Pilot Work of Unifying Urban and Rural Personal Injury Compensation Standards" I. According to the authorization of the Supreme People's Court, in personal injury compensation cases, there is no distinction between urban and rural residents, and the death compensation, disability compensation (including the living expenses of dependents) are uniformly calculated according to the urban resident compensation standard.
4. The relevant data of "per capita disposable income of urban residents, per capita living consumption expenditure of urban residents, per capita disposable income of rural residents, and per capita living consumption expenditure of rural residents" in the above data are from the "Heilongjiang Provincial National Economic and Social Development Statistical Communiqué" of each year.
02
Latest Reference Standard Data Chart
Heilongjiang Provincial National Economic and Social Development Statistical Communiqué
03
Detailed Compensation for Major Items
Death compensation refers to the compensation paid by the obligor to the victim's family in the event that the victim loses their life due to personal injury.
Funeral expenses refer to the necessary expenses incurred by the victim's relatives in handling funeral arrangements when the victim loses their life due to personal injury.
Calculation method: Funeral expenses compensation = the average monthly wage of employees in the court's location in the previous year (yuan/month) x 6 months
3. Disability Compensation
Disability compensation refers to the compensation given to the victim for a certain amount of property damage due to a sufficiently serious personal injury resulting in the victim's disability or loss of ability to work, resulting in a reduction in their income or loss of livelihood.
Disability compensation = the previous year in the court's location
Per capita disposable income of urban residents × 20 years × disability compensation index
4. Dependent's Living Expenses
Dependent's living expenses refer to the expenses provided to underage dependents or adult close relatives who have lost their ability to work and have no other source of livelihood, to maintain their normal living, when the victim is disabled or dies due to personal injury.
Medical expenses refer to the necessary expenses incurred in the process of medical treatment to restore the health of a natural person who has directly suffered personal injury. It is determined based on medical receipts, medical records, and diagnostic certificates. This is an important part of compensation, ensuring that the victim receives necessary medical treatment.
Calculation method: Medical expenses = Diagnosis Treatment fees + medicine fees + hospitalization fees + other fees
Nursing expenses refer to the expenses incurred for hiring someone to care for the victim during medical treatment and recuperation, when the victim's mobility and self-care ability are reduced due to personal injury.
Lost wages refer to the lost wages or business income due to the victim's inability to work or conduct normal business activities due to personal injury.
8. Transportation Expenses
Transportation expenses refer to the actual expenses incurred by the victim and their necessary escorts when using transportation for medical treatment or transfer.
9. Accommodation Expenses
10. In-hospital Meal Subsidy
In-hospital meal subsidy refers to the expenses incurred for necessary food consumption during the victim's hospitalization.
11. Disability Aids Expenses
Disability aids expenses refer to the expenses incurred for purchasing aids such as prosthetics and wheelchairs to compensate for the loss of organ function and help the victim with self-care or work.
Nutritional expenses refer to the expenses incurred for purchasing nutritional items under the guidance of a doctor to help the victim recover quickly.
13. Mental Distress Compensation
Mental distress compensation refers to compensation paid to the victim and their close relatives for the significant mental trauma suffered due to serious personal injury, disability, or death.
