1.Determine the level of disability.
The level of disability is an important basis for calculating disability benefits. China adopts a ten-level disability system, with the disability level from level 1 to level 10, with level 1 being the heaviest and grade 10 being the lightest. The victim is required to undergo a disability evaluation by a professional medical institution to determine the specific level of disability.
2.Calculate the base indemnity.
The basic compensation is determined on the basis of the victim's level of disability and the average annual wage in the local area. In general, the higher the disability level, the higher the basic benefit. The specific calculation method should refer to the relevant local policies.
3.Consider age.
For the elderly over 60 years old, due to their relatively weak working ability and self-care ability, the age factor should be properly considered when calculating the disability compensation. In general, the older you are, the higher the compensation. However, the exact calculation method depends on local policies.
4.Comprehensive calculations.
Taking into account the basic benefit and age factors, the total amount of disability compensation for seniors over 60 years old can be obtained. The exact calculation formula may vary from region to region, so it is recommended to consult the relevant local authorities for details.
Mr. Zhang, a 65-year-old man in a certain area, suffered a fifth-degree disability due to a traffic accident. According to local policy, the basic compensation for Level 5 disability is 10 times the average annual local wage. At the same time, taking into account Mr. Zhang's age, the total amount of compensation was increased by 20% on the basis of the basic compensation.
Mr. Zhang's disability level was determined to be level 5.
Calculate the base indemnity. Assuming that the average annual salary of the local area is 50,000 yuan, then the basic compensation for the fifth degree disability is 50,000 yuan 10 = 500,000 yuan.
Consider age. According to the policy, Mr. Zhang, 65, can receive a 20% increase in the basic compensation, that is, an additional 100,000 yuan.
The total amount of disability compensation that Mr. Zhang can receive is 500,000 yuan + 100,000 yuan = 600,000 yuan.
Tort Liability Law of the People's Republic of China: This law stipulates the method of tort liability and the scope of compensation, including the calculation method and payment standard of disability compensation.
Regulations on Work-related Injury Insurance: This regulation stipulates the scope of application of work-related injury insurance, payment standards, and payment of benefits. For work-related disabilities, the victim may enjoy work-related injury insurance benefits in accordance with the law.
Local policies and regulations: The specific implementation rules and policies formulated in accordance with national laws and regulations may vary from place to place. Victims or their families are advised to familiarize themselves with the relevant local policies and regulations before applying for disability compensation.