[Direct answer]In the Beijing area, nutritional fees can be claimed and are considered statutory compensation items. According to Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a person infringes on another person's rights and causes personal injury, they shall compensate for reasonable expenses incurred for treatment and rehabilitation, including medical fees, nursing fees, transportation fees, nutritional fees, and hospitalization subsistence allowances. The specific amount shall be determined in accordance with Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (amended on April 24, 2022), referring to the opinions of medical institutions based on the victim's disability situation. When claiming compensation, the claimant shall submit medical orders or diagnosis certificates indicating the need for enhanced nutrition, and the calculation shall be based on the judicial standards of the court where the case is filed. For relevant evidence-gathering points, please refer to the relevant provisions.Personal injury and medical disputesColumn.

1. Problem background and typical scenarios

Claims for nutritional expenses are common in several situations: Firstly, in cases of infringements such as traffic accidents and victims of service providers, the victims suffer from serious injuries and a long recovery period, and the doctor's orders clearly require enhanced nutrition; Secondly, workers injured in work-related accidents need additional nutritional support during the suspension of work and salary and the rehabilitation stage. The relevant work-related injury identification can be referred to for reference.Work-related injuries1. Medical malpractice or product liability causing harm, where the victim needs nutritional intervention due to postoperative weakness; 2. Personal injury such as fights and brawls, where the perpetrator should bear the corresponding costs; 3. Older people, minors, and other special groups recover more slowly after injury and have higher nutritional needs. 4. When handling similar cases in the Beijing area, the court usually assesses whether to support nutritional fees based on medical advice and disability status, and the relevant standards can be referenced accordingly.Personal injury and medical disputesColumn.

II. Key points of contention

First, whether nutritional support is necessary depends on whether the medical institution issues an opinion on strengthening nutrition and whether the injury requires it. Claims made without a doctor's prescription are often not supported. Second, the length of the nutritional period is generally determined by the doctor's advice or the opinion of the judicial appraisal. Third, the daily standard varies from region to region. It is usually calculated according to the meal subsidy standard for general staff on business trips in local government agencies or the amount determined by the court. Fourth, whether it overlaps with the hospitalization meal subsidy. The two have different natures and can be claimed separately, but obvious overlaps should be avoided. Fifth, the other party's objections to the necessity. The perpetrator or insurance company often question the authenticity of the doctor's prescription. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For cases involving disability compensation, reference can be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the most common disputes over nutrition fees arise in the areas of evidence collection and standards. Common risks include: only verbally claiming the need for enhanced nutrition without medical orders, which is difficult for the court to accept; claiming an overly long nutrition period without supporting evidence from appraisals or continuous medical orders, resulting in a reduction in compensation; and confusing daily diet expenses with nutrition fees and conflating them with meal subsidies. Lawyers handled by our firm suggest that after an injury, the first thing to do is to require medical institutions to clearly record "enhanced nutrition" and the recommended duration in medical records, diagnosis certificates, or discharge summaries, and if necessary, apply for a judicial appraisal of the nutrition period. When making a claim, list the cost components and calculation basis to help judges form a reasonable understanding of the case. In cases involving criminal incidental civil litigation such as intentional injury, nutrition fees can also be claimed as part of material losses, and the relevant criminal procedures can be referred to for reference.Criminal defenseColumn.

IV. Practical suggestions and legal basis

Action suggestions: First, fix the evidence of medical orders and require medical institutions to specify the need for enhanced nutrition and the timeframe; Second, if necessary after the injury stabilizes, apply for a nutrition period appraisal to facilitate quantification; Third, retain reasonable receipts for purchasing nutritional products, which, although not mandatory, can serve as supporting evidence; Fourth, distinguish between nutrition expenses and hospitalization meal subsidies to avoid duplicated claims; Fifth, calculate the amount based on the judicial standards of the court where the case is litigated. Regarding legal basis, Article 1179 of the Civil Code of the People's Republic of China stipulates that personal injury compensation includes reasonable expenses such as nutrition fees for treatment and rehabilitation; Article 11 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 April 24, 2022) specifies that nutrition fees shall be determined based on the opinions of medical institutions and in accordance with the victim's disability status.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, nutritional expenses are by no means "claimable at will", and must be supported by the opinions of medical institutions or appraisal opinions; Secondly, the duration of the nutritional period must not be exaggerated at will, otherwise it is easy to be reduced and affect the overall credibility; Thirdly, pay attention to the three-year statute of limitations, which starts from the date when the right holder knows or should know that the rights have been damaged and the obligee's rights have been infringed, in accordance with Article 188 of the Civil Code of the People's Republic of China; Fourthly, distinguish the boundaries between meal subsidies and medical meals. It is recommended to sort out medical orders and invoices as soon as possible, and consult on evidence collection and calculation when necessary.Creditor's rights and debts, and enforcement casesThe column evaluates the claims of various parties by professional lawyers.

VI. Frequently Asked Questions

Q1: Can I definitely get the nutrition fee?

There's no "guaranteed victory". The nutrition fee is based on the opinions of medical institutions or appraisals. If there is a medical order and the injury really requires enhanced nutrition, the court will generally support it; if there is no medical order and the claim is based solely on self-statements, it is difficult to gain support. Whether you can get it depends on the sufficiency of the evidence and the needs of the injury, not on whether the other party recognizes it. It is recommended to first obtain a medical order, then decide on the amount and strategy of the claim, and avoid making blind demands for compensation.

Q2: What evidence should be prepared to claim nutritional expenses?

The key point is the opinion of medical institutions: the records and recommended durations of "strengthening nutrition" in medical records, diagnosis certificates, and discharge summaries; when necessary, the judicial appraisal opinion on the nutrition period; reasonable receipts for purchasing nutritional products can be used as supporting evidence; and the materials related to the injury and disability should be submitted together. The higher the probability of supporting the claim that "it is necessary to strengthen nutrition and the duration is clear", the more evidence will be needed. For specific standards, please refer to the section on personal injury and medical disputes.

Q3: How much is the average compensation for nutrition costs?

There is no unified national standard. It is usually calculated by multiplying the nutritional period by the daily amount determined by the court. The judicial standards vary from region to region, and are often based on local meal subsidies or the court's discretion (ranging from tens of yuan per day). The final amount is determined by the court based on medical advice, disability and appraisal conclusions. When making a claim, a clear calculation formula should be provided to avoid general quotes. For cases involving disability, the disability compensation can be calculated together.

Q4: How long does it take to claim nutritional expenses?

If there are no disputes over responsibilities and costs between the two parties, the dispute can be resolved through mediation or negotiation within a few months. The first-instance litigation in ordinary procedures generally does not exceed six months, but the time required for nutritional period appraisal will be extended accordingly. The second-instance litigation usually takes about three months. The key is to obtain medical orders and appraisals as soon as possible to avoid losing the right to sue due to exceeding the three-year statute of limitations. The enforcement stage depends on the other party's ability to fulfill their obligations.

Q5: How exactly should one claim for nutritional expenses?

The first step is to require medical institutions to clearly record the enhanced nutrition and its duration when seeking medical treatment; the second step is to apply for a quantified amount of nutritional compensation if necessary; the third step is to list it separately in the calculation list and attach the basis; the fourth step is to sue together with personal injury compensation or file a civil claim in criminal proceedings if no agreement can be reached; and the fifth step is to quote a reasonable price according to the standards of the court where the case is filed. For related evidence and procedures, please refer to the Personal Injury and Medical Disputes section, and a lawyer can assist in making claims.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 open 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.