Nursing dependence refers to the disability caused by injury or disease who cannot take care of themselves and need to rely on others for nursing. The scope of self-care mainly includes the following five items: ① eating ② turning over ③ urinating and defecating ④ dressing and washing ⑤ self-movement. The degree of nursing dependence is divided into three levels: complete nursing dependence, refers to the life is completely unable to take care of themselves, all the above five need nursing; Largely dependent, meaning unable to take care of themselves for most of their lives. 3 of the above 5 items need nursing, part of the nursing dependence, refers to the life part can not take care of themselves, 1 of the above 5 items need nursing.
The situation of the preparation of assistive devices for disability refers to the extent to which the disabled victim recovers the ability to live independently after the preparation of assistive devices for disability. According to article 17 of the Judicial interpretation of compensation for personal injury of the Supreme Court, after the victim becomes disabled, the compensation agent shall bear the liability of compensation for the cost of disability assistive devices. Therefore, when the disability assistive devices are prepared, certain self-care ability can be restored to varying degrees at that time. The degree of nursing dependence is reduced, the nursing level is correspondingly lower, and the nursing fee is correspondingly reduced.
In accordance with the Provisions of the Hospital Work System promulgated by the Ministry of Health, the level of care shall be divided into four levels according to the level of illness or disability: intensive care, primary care, secondary care and tertiary care.
The level of care is determined by the medical institution.
II. How to determine the level of nursing and the standards of nursing workers after the victim is disabled? In practice, besides inductrial injury, nursing depends on degree and nursing standard have no specialized appraisal orgnaization, in actual operation can refer to judicial appraisal center to disable the level appraisal to the victim to combine the preparation of disability auxiliary appliance and take food, turn over, defecate, dress wash gargle, oneself move to wait for these a few kinds of circumstance to determine. Such as disable grade level, its nursing dependence for completely, rely on the nurse can be in accordance with the standards of general nursing staff compensation, such as disable grade for the secondary, the nursing dependence for most dependent, its attention on the victim's disability with other conditions can be in accordance with the standards of the general staff of sixty percent to eighty percent and lose, If disable grade is 3 class, its nurse depend on degree to be partial nurse depend on, its nurse cost can according to general nurse personnel 20% to 40% compensation, other disable grade does not grant compensation commonly. In addition, nursing staff hired nursing workers, can refer to the local nursing standards compensation.
Compensation for nursing fees and nursing levels
Nursing expenses refer to the property losses caused by the physical damage caused by traffic accidents during the treatment period, or the disability caused by the injury depends on nursing to a certain extent and requires someone to take care of them, that is, the expenses paid to nursing personnel. Article 21 of the Interpretation of The Supreme People's Court on Several Issues concerning the Application of The Law to the Trial of Personal Injury Compensation cases stipulates that "nursing fees are determined according to the income status, number of nursing staff and duration of nursing." "If the nursing staff has an income, the calculation shall be based on the provisions of lost work fee. If the nursing staff does not have an income or employs a nursing staff, the calculation shall be based on the local labor standards of the same level of nursing staff. In principle, there should be one nursing staff, but if the medical institution has a clear opinion, the number of nursing staff can be determined by reference."
"The period of care shall be calculated until the victim regains his ability to take care of himself. If the victim is unable to recover the ability to take care of himself or herself due to disability, a reasonable period of nursing care may be determined according to his or her age, state of health and other factors, but the longest period shall not exceed 20 years." "The level of care for the victim after disability determination shall be determined according to the degree of trust in nursing and the preparation of disability assistive devices."
The basic problem involved in the compensation of nursing expenses is the temporary or a period of time after personal injury loss of self-care ability, the correct and reasonable determination of the degree and period of loss of living ability is the key to confirm the compensation. After personal injury, whether the injured person can take care of themselves and whether they need help from others should be judged by the degree of their dependence on nursing. The so-called degree of nursing dependence refers to the degree that the disabled person cannot take care of themselves because of injury and needs to rely on others for nursing.
The scope of self-care mainly includes the following five items:
One is eating;
Second, turn over;
Three is urine and feces;
Four is to dress, bath;
Fifth, self-mobility.
Care depends on the extent of the three levels, the above five all needs to caregivers for the same care, three of five need caregivers for most nursing dependence, one of the five need caregivers for part of care, for the same care and most of the nursing should pay attention, some dependents may give attention.
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