Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
Regulations of People's Republic of China (PRC) Municipality on Workers' Congress
Article 7 The workers' congress shall exercise the following functions and powers: regularly listen to the work report of the factory director, review the enterprise's business policy, long-term and annual plans, major technological transformation and technology introduction plans, staff training plans, financial budget and final accounts, and plans for the allocation and use of its own funds, put forward opinions and suggestions, and make resolutions on the implementation of the above plans; Two, review and pass the important rules and regulations such as the enterprise economic responsibility system plan, salary adjustment plan, bonus distribution plan, labor protection measures plan, reward and punishment measures proposed by the director; Three, to consider and decide on the use of employee welfare funds, employee housing allocation plan and other major issues related to employee welfare; Four, review and supervise the leading cadres at all levels of enterprises, and put forward suggestions on rewards and punishments and appointment and dismissal. Cadres who have made outstanding achievements in their work may be suggested to be rewarded, including promotion and promotion. For incompetent cadres, we can suggest dismissal or demotion. Cadres who are irresponsible for their work or abuse power for personal gain, resulting in serious consequences, may be suggested to be punished until their posts are revoked. Five, the competent department in the appointment and removal of enterprise administrative leaders, must fully consider the opinions of the workers' congress. According to the deployment of the competent authority, the workers' congress can democratically recommend the factory director or democratically elect the factory director and report it to the competent authority for examination and approval.