[Direct answer]In the Beijing area, family members can claim nursing fees if they provide nursing care in person. According to Article 1179 of the Civil Code of the People's Republic of China and Article 8 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, if the nursing personnel have an income, the nursing fees shall be calculated in accordance with the provisions on loss of work income; if the nursing personnel do not have an income or employ nursing staff, the nursing fees shall be calculated in accordance with the local labor remuneration standards for nursing staff engaged in the same level of nursing care. When claiming, it is necessary to prove the necessity of nursing care, the duration of nursing care, and the loss of work income of the nursing personnel or the labor remuneration standards of the nursing staff. It is recommended to keep the opinions of medical institutions, nursing agreements, and income certificates. For more details, please refer to the following link:Personal injury and medical dispute services.

I. Problem Background and Typical Scenarios

After an accident or medical injury occurs, many injured individuals are cared for at home by their spouses, parents, or children, which results in loss of income for the family. In some cases, the family already has no one to share the care burden with. Typical situations include: family members giving up their work income to provide care; family members who have fixed jobs but insist on providing care themselves; and simultaneously hiring caregivers and assisting with care by family members. Many parties are not aware that the care provided by family members can also be converted into claimable nursing fees, and therefore fail to account for this loss in negotiations or litigation. In cases involving work-related injuries, this can be combined with other losses to calculate the total compensation.Labor arbitration and work-related injury compensation servicesWe will evaluate the situation together.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the necessity of nursing care: whether the family's nursing care is recognized by medical institutions or appraisal opinions as requiring dedicated care, or whether it is just general daily care. Secondly, the calculation standard: for those with income, it is calculated as loss of work income; for those without income or employing caregivers, it is calculated according to local caregiver standards. The two cannot be used interchangeably. Thirdly, the duration of nursing care: whether it is short-term hospitalization care or long-term care after disability determination, which directly affects the amount of compensation. In the judicial practice of Beijing courts, the determination of the necessity and duration of nursing care relies heavily on medical orders and appraisal opinions. Claims for long-term care without professional opinions are difficult to be supported. For follow-up compensation issues, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of handling personal injury cases in our firm, the most common problems with family care claims arise at both ends of the evidence chain. On one end, there is the necessity of care. If there are only family members' self-statements without medical orders or appraisal opinions, the other party often defends with the argument of general care. On the other end, there is the loss of work income, which requires proof of the caregiver's original income, the actual reduction in income due to care, and the duration of the reduction. Hengluo Lawyers usually suggest the following: First, obtain a clear opinion from the medical institution on the number and duration of caregivers, and then have the caregiver's unit issue a certificate of loss of work and income reduction. If necessary, apply for a judicial appraisal of the care period and loss of work period. For caregivers who are unemployed, claim according to the labor remuneration standards for caregivers at the same level in the jurisdiction of the receiving court to avoid making unfounded quotations. When multiple compensation items intertwine, they can be combined with each other.Personal injury and medical dispute servicesCoordinate and plan things in an organized and efficient way to achieve a specific goal or complete a task.

IV. Practical suggestions and legal basis

The core basis is Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021): "Where a person infringes on others' rights and causes personal injury, he shall compensate for the reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing fees, and transportation fees, as well as the income lost due to work interruption"; and Article 8 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): "Nursing fees shall be determined according to the income status of the caregivers, the number of caregivers, and the duration of care; for those who have income, the nursing fees shall be referenced to the work interruption compensation; for those who have no income or hire caregivers, the nursing fees shall be referenced to the local caregiver standards." Practical suggestions: - Retain medical prescriptions or appraisal opinions, caregivers' income and work interruption certificates, nursing agreements and payment receipts; - Apply for appraisal in a timely manner for disputes over the duration of nursing care; - Claim the amount based on evidence and local standards to avoid exaggeration; - Where the disability grade is involved, it can be combined with other evidence to determine the compensation amount.Special services and other case services.

5. Henglu Law Firm's Advice

Family care is not an effort made in vain, but to turn this effort into claimable nursing fees, the key lies in evidence rather than emotion. It is recommended to fix the nursing arrangements and the nursing person's loss of working time records from the day of the injury. Do not confuse household care with professional nursing. It is also necessary to note that the statute of limitations for personal injury compensation is three years, calculated from the date when the right holder knows or should know that his rights have been infringed and the date when the obligee knows or should know that his obligations have been breached. If the other party's insurance company refuses to compensate for nursing items, you can consult a professional lawyer in time. Welcome to visit our website.The official website of Beijing Hengluo Law FirmUnderstand the approach to handling similar cases.

VI. Frequently Asked Questions

Q1: If the family members provide care themselves, can they ultimately successfully claim compensation?

There's a high possibility of this, but it depends on the evidence rather than the family relationship. The core of the court's review is whether the care is necessary, whether the duration is reasonable, and whether there is a basis for the calculation standard. If the medical institution or the appraisal opinion clearly requires specialized care and can prove that the caregiver has lost work time or referenced the caregiver standard, the request will usually be supported; conversely, if there are only statements from family members without professional opinions, it is easy to be identified as general life care and not compensated. The value of a lawyer lies in organizing the care facts into a closed chain of evidence.

Q2: To claim family caregiving expenses, what evidence do I need to prepare?

The core materials include: opinions issued by medical institutions on the need for care and the number of caregivers and the duration of care, or the conclusions of judicial appraisals; the caregiver's identity certificate and proof of his/her relationship with the injured person; the caregiver's original income certificate and evidence of actual income reduction due to caregiving (pay slips, bank statements, and certificates of lost working time from the employer); if employing a caregiver, prepare an agreement and payment receipts. The evidence should be organized around the three elements of necessity, duration, and standards, and avoid submitting only scattered receipts.

Q3: How much would it cost, approximately, to hire a lawyer and cover the family care expenses?

The nursing fee itself is an item of compensation paid by the other party, not an expense incurred by you. Instead, it is an amount you can claim, calculated based on the loss of income of the caregiver or the local standard for nursing care multiplied by the duration of care. Lawyer's fees are negotiated between the law firm and the client. They are typically charged on a contingency basis or as a percentage of the litigation amount, with the specific fees subject to the contract of engagement and not standardized nationwide. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether it includes litigation fees, appraisal fees, and other third-party expenses. Then, you can weigh the investment against the potential compensation amount you can claim.

Q4: How long does it usually take from the time of injury and treatment to the determination of the nursing care fees?

The nursing period with a short duration will be handled together with the accident compensation; if the dispute enters litigation, it will be concluded within six months in the first-instance ordinary procedure and within three months in the summary procedure. The judicial appraisal involving the nursing period and the loss of working time will be extended by several weeks to months accordingly. For long-term nursing after disability determination, the nursing period needs to be determined through evaluation, and the cycle will be longer. It is recommended to fix the nursing evidence as soon as possible after the treatment is stable, so as to avoid delaying the nursing records being missing and the amount being difficult to determine.

Q5: I want to claim family care allowance. What should I do first?

It is recommended to proceed in four steps: Firstly, immediately after the injury, ask the medical institution to specify the nursing needs, the number of nurses and the duration in the medical records or diagnosis; Secondly, the caregivers should simultaneously keep the income and loss of work certificates, and keep records of leave and reduced wages; Thirdly, when there is a dispute over the duration of nursing, apply for a judicial appraisal to determine a reasonable nursing period; Fourthly, in the negotiation or litigation, claim nursing fees based on the doctor's instructions and standards, and, if necessary, entrust a lawyer to coordinate the evidence and negotiations. Throughout the process, keep the original vouchers and avoid verbal agreements.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.