If a retiree suffers a work-related injury during reemployment, it is generally regarded as a labor relationship, and compensation shall be made in accordance with the standards of the Civil Code
1. Medical expenses. It is determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.
2. Nursing fees. It is determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.
3. Transportation expenses. It is calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.
4. Hospitalization meal subsidy. It can be determined with reference to the standard of business trip meal allowance for general staff of local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.
5. Nutrition expenses. It is to be determined on the basis of the victim's disability with reference to the opinions of the medical establishment.
6. Disability compensation. If the disability is constituted, it shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
7. Disability assistive device fees. It is calculated according to the reasonable cost standard of ordinary applicable equipment. Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution. The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the preparation agency.
8. Funeral expenses. In the case of death, the total amount for six months shall be calculated in accordance with the average monthly wage standard of the employee in the previous year at the location of the court where the lawsuit is filed.
9. Living expenses of dependants. According to the degree of the dependent's inability to work, it is calculated according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
10. Death compensation.
It is calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
The above is the compensation standard for retirees in the event of work-related injuries and disability or death when they are re-employed. It should be noted that the specific amount of compensation also needs to be based on.
situation.