[Direct answer]In the Beijing area, multiple disabilities are not simply added together based on the compensation indexes of each grade, but using the "comprehensive calculation method for multiple disability grades": the highest disability grade is used to determine the basic compensation index, and the remaining grades are added as additional indexes at a certain proportion, with the total not exceeding the statutory limit. According to Article 12 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (amended on February 15, 2022 and implemented on May 1, 2022), the disability compensation is calculated according to the index corresponding to the disability grade; the comprehensive index of multiple disabilities is determined according to the common rules in judicial practice. For example, if a grade 9 disability (20%) is combined with a grade 10 disability, the comprehensive index is about 20% plus an additional 2% to 3%. For more details, please refer to the relevant provisions.Personal injury and medical disputesColumn.

1. Problem background and typical scenarios

Multiple disabilities are common in serious accidents. Typical cases include: first, traffic accidents causing multiple disabilities in the ribs, lower limbs, and face; second, falls from a height resulting in multiple injuries to the spine and limbs. For related work-related injuries, please refer to the relevant provisions.Work-related injuries1. The first category is the impact of the accident on the victim's mental health, such as post-traumatic stress disorder and depression. 2. The second category is multiple organ dysfunction caused by medical accidents. 3. The third category is compound disabilities involving hand and vision injuries resulting from mechanical injuries. 4. The fourth category is multiple fractures caused by explosions, collapses, and other incidents. Victims often mistakenly believe that "severity levels can be added together," but in reality, there are upper limits to the comprehensive index, and the calculation results are often lower than the simple sum. When handling similar cases in Beijing, the severity levels of each part are usually evaluated according to the "Classification of Disability Caused by Human Body Injuries," and then the comprehensive calculation method is applied.

II. Key points of dispute

Focus One: The basic index takes the highest disability grade, rather than adding them together. Focus Two: The proportion and upper limit of the additional index. The common practice of courts in various regions is to add 2% to 3% for each disability, with the total not exceeding 10% (there is no additional index for grade I disability). Focus Three: Evaluate multiple parts separately and then combine them. Focus Four: The disability grade corresponds to the compensation index (from 10% for grade X to 100% for grade I). Focus Five: The comprehensive index affects the total amount of disability compensation. Focus Six: The appraisal institutions must list the various disability grades separately. Specifically, please refer to the current effective laws and regulations and judicial rulings. For compensation calculations, you can make reference to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Judging from the practical experience of lawyers handled by our firm, the core controversy of many disability cases is the determination of the comprehensive index. Common difficulties include: first, the victim self-summarizes the grades of various parts of the body, leading to unrealistically high expectations and a large gap in mediation; second, the appraisal report does not separately specify the grades of various parts of the body, making it difficult for the court to apply the comprehensive rule; third, the proportion of additional indexes varies across different jurisdictions, and it is necessary to refer to the local practices of the court where the case is litigated; fourth, the evidence chain of the highest grade and the additional grade is incomplete. Lawyers handled by our firm suggest that the appraisal institutions with qualifications for multi-part assessments be commissioned to separately issue appraisal reports for various disability grades, and clarify the highest grade and the additional grade, so that the calculation of the comprehensive index can be based on reliable evidence and avoid the misunderstanding of simple addition.

IV. Practical suggestions and legal basis

Action suggestions: First, choose a qualified appraisal institution and require it to evaluate the disability grades of each part separately and specify the corresponding indexes; Second, focus on fixing the evidence of the highest disability grade, which determines the base index; Third, understand the common ratio of additional indexes in the jurisdiction of the court where the case is filed, and refer to the relevant calculation points for referenceSpecial services and other cases1. The column; 2. The claim for disability compensation combined with other items; 3. The clear calculation formula in the negotiation or litigation; 4. The legal basis: Article 1179 of the Civil Code of the People's Republic of China stipulates the items of disability compensation; Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases provides the basis for calculating disability compensation. The comprehensive index of multiple disabilities shall be determined in accordance with judicial practice and the relevant rules of the "Classification of Disability Caused by Human Body Injuries".

5. Henglue Law Firm's Advice

Risk Warning: Firstly, multiple disabilities do not simply add up to different grades. The comprehensive index has an upper limit, so don't add them blindly. Secondly, the proportion of additional indexes varies from place to place, and it should be based on the local standards of the court where the case is filed. Thirdly, the appraisal must list each grade separately, otherwise it will affect the calculation. Fourthly, the statute of limitations is three years. It is recommended to seek professional advice.Beijing Henglue Law FirmOn the official website, similar columns are provided by professional lawyers, who combine appraisals with local rules to calculate a comprehensive index, thereby avoiding potential deviations in expectations and rights infringements.

VI. Frequently Asked Questions

Q1: Are multiple disabilities classified as a combination of their respective severity levels?

No. For multiple disabilities, a comprehensive calculation method is used: the highest-ranked disability determines the basic compensation index, and the others are added proportionally as additional indices, with a total cap (usually no more than 10% of the total additional amount). For example, a level 9 disability (20%) combined with a level 10 disability would result in a comprehensive index of about 22% to 23%, which is far lower than the simple sum of 20% plus 10% (equal to 30%). The determination should be based on the appraisal opinion and local regulations.

Q2: What materials are needed to calculate the comprehensive compensation coefficient?

The following are the requirements: 1. A detailed assessment of the disability levels for each body part (key point); 2. An explanation of the compensation index corresponding to each disability level; 3. A basis for the prevalent index ratio in the jurisdiction of the court where the case is filed; 4. Medical records and imaging data to support the injuries to each body part; 5. Assessments of lost wages, nursing care, and other compensation periods. The materials must clearly specify the highest disability level and the additional disability levels to correctly apply the comprehensive formula.

Q3: How much is usually added to the additional disability index?

In judicial practice, the common practice is that, except for the highest disability level, each additional disability is generally added at a rate of 2% to 3%, and the total of all additional indexes usually does not exceed 10% (there is no additional disability for level I disability). The specific ratios vary from place to place, and the judgment standards of the court where the case is filed shall prevail. It is not appropriate to determine a fixed value in a general way. It is recommended to calculate according to local rules to avoid subjective speculation.

Q4: How long does it take to handle compensation cases for multiple disabilities?

Due to the need for appraisals in multiple areas, the process takes longer than for a single injury, and the appraisal often takes several months. If the lawsuit is filed after the treatment ends, the first-instance ordinary procedure generally does not exceed six months, including appraisals and public notices, which may take even longer. The second-instance procedure takes about three months. The key is to evaluate the various injury levels and fix the evidence as soon as possible to avoid delays in the appraisal process and to prevent the three-year statute of limitations from expiring and affecting the claim.

Q5: What should I do if I'm not satisfied with the calculation of multiple disabilities?

The first step is to check whether the disability rating assessments for each part are stated separately. The second step is to confirm the prevalent ratio of the additional index of the sued court and correct the misunderstanding of simply adding the scores together. This involves making reference to the calculations for compensation.Creditor's rights and debts, and enforcement cases1. Category; 2. Step 3: Re-appraise the applications with incorrect grade determinations; 3. Step 4: Submit a comprehensive calculation breakdown in the lawsuit; 4. Step 5: Entrust professional lawyers to recalculate and claim based on local rules to enhance the legitimacy of the claims.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.