(1) Compensation standards.

It is the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the people's court where the lawsuit is located.

However, if the victim has evidence to prove that the per capita disposable income of urban residents or the per capita net income of rural residents in his place of domicile or habitual residence is higher than the standard for the location of the court where the suit is filed, the disability compensation or death compensation may be based on the standard of his place of domicile or habitual residence.

Calculation based on local standards.

(2) Compensation period.

The calculation is based on 20 years from the date of disability determination.

However, for those over 60 years old, one year will be reduced for every additional year of age; for those over 75 years old, it will be calculated as 5 years.

(3) Continue to compensate.

After a one-time payment of disability compensation is adopted, if the victim survives beyond the determined period of payment of the compensation, and the compensation right holder files a lawsuit in court to request a new payment of disability compensation, the court shall accept the case.

If the person obligated to compensation is indeed incapable of working and has no source of livelihood, the people's court may order the obligor to continue paying participation compensation for five to ten years.

(4) The formula for calculating disability compensation is as follows: ① Disability compensation (for people under 60 years old) = disability level (calculated as 100 for level 1, 10% for level II, and so on) multiplied by the location of the court where the lawsuit is filed

The per capita disposable income of urban residents or the per capita net income of rural residents in the previous year is multiplied by 20 years; ② Disability compensation (for people over 60 years old) = disability grade (calculated as 100 for grade 1, and reduced by 10% for grade II)

, and so on) multiplied by the per capita disposable income of urban residents or the per capita net income of rural residents in the location of the court where the suit is filed in the previous year (increase the age after 20 years); ③ Disability compensation (for persons over 75 years old) = Injury

The disability level (level 1 is calculated as 100, level II is reduced by 10%, and so on) multiplied by the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is multiplied by 5 years.