1, medical expenses

According to the receipt of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.

2. Nursing expenses

According to the income of nursing staff, the number of nurses and the length of nursing time.

If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.

3. Transportation costs

According to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.

4, hospital food subsidies

It can be determined by referring to the standard of food subsidy for ordinary staff of local state organs.

The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.

5. Nutritional feed

According to the victim's disability and the opinions of medical institutions.

6, the actual amount of compensation for property losses

According to the provisions of Article 131 of the General Principles of the Civil Law and Article 2 of this Interpretation, the actual amount of compensation for property losses in Articles 19 to 29 is determined.

Characteristics of student injury accidents:

(1) Student injury accidents are injuries to students, especially the growing teenagers, especially the underage students. In a broad sense, student injury accidents include the damage of college students and graduate students during their school days, while in a narrow sense, student injury only refers to the damage of underage students.

(2) Student injury accidents occur in school education and teaching activities, including personal injuries caused by extracurricular activities organized by the school and facilities for education, teaching and living.

(3) The premise of the school's responsibility in student injury accidents is that it fails to fulfill its education and management responsibilities.

legal ground

Article 1 179 of the Civil Code of People's Republic of China (PRC).

Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Measures to deal with student injury accidents

Twenty-third organizations or individuals responsible for student injury accidents shall bear the corresponding liability for damages in accordance with the relevant provisions of laws and regulations.

Twenty-fourth the scope and standard of compensation for student injury accidents shall be determined in accordance with the relevant administrative regulations, local regulations or the relevant provisions in the judicial interpretation of the Supreme People's Court. When the administrative department of education conducts mediation, if it thinks that the school is responsible, it may put forward corresponding mediation schemes in accordance with relevant laws and regulations and relevant provisions of the state.

Twenty-fifth disputes about the degree of disability of injured students can be entrusted to local hospitals or related institutions with corresponding appraisal qualifications for appraisal in accordance with national disability standards.