[Direct answer]Now it's unified. The amendment of the judicial interpretation implemented on May 1, 2022, stipulates that the compensation for disability, death, and the living expenses of dependents shall be calculated according to the standards for urban residents—the same compensation for the same injury, regardless of whether the victim has a rural or urban household registration. Previously, infringements that occurred before the new rules took effect were handled according to the old rules (for those with a rural household registration but whose habitual residence and income sources were in urban areas, they could provide evidence according to urban standards). After the new rules came into effect, the era of "rural residents receiving less compensation" has ended.

I. Problem background and typical scenarios

In the same accident, city dwellers were compensated 800,000 yuan, while rural residents were compensated 400,000 yuan—the "unequal compensation for the same injury" was once the biggest controversy in the field of personal injury. After the unification of urban and rural compensation standards in 2022, the criticism disappeared, but many parties still have questions about the transition between the old and new rules: What standards were used to compensate for accidents that occurred last year? How could rural residents fight for urban compensation standards under the old rules?

II. Key points of contention

Firstly, the scope of application and time points of the new unified regulations for urban and rural areas. Secondly, the path of providing evidence according to urban standards for cases before the new regulations. Thirdly, the simultaneous unification of the living expenses of dependents. Fourthly, the continuing impact of regional differences in the compensation base.

III. Professional analysis by Henglue Law Firm

First, the new regulations and key points: Starting from May 1, 2022, the Judicial Interpretation on Personal Injury will calculate the disability compensation and death compensation based on the average per capita disposable income of urban residents in the jurisdiction of the court where the case is filed, and the living expenses of dependents will be calculated based on the average per capita consumption expenditure of urban residents—the household registration factor is completely removed from the determination of compensation standards. The application date of the infringement act will be the determining factor (new regulations apply to infringements occurring after their implementation), and the acceptance date will not be used as a criterion. Cases involving cross-jurisdictional events will be classified according to the date of the infringement. Second, proof of urban standards for old cases (infringements occurring before the new regulations): Evidence of habitual residence—proof of urban residence for at least one year (residence permits, rental contracts, community certificates); evidence of income sources—urban employment contracts, salary records, social security records, tax records; cases with complete evidence will be determined according to urban standards. Judicial practice has already established mature guidelines for applying urban standards to "migrant workers," and cases with complete evidence can generally be successfully litigated. This line of evidence-gathering still holds value in current cross-regional cases (where habitual residence differs from household registration)—the choice of the court where the case is filed is influenced by the base amount determined by the evidence of habitual residence. Third, living expenses for dependents: Calculated based on the average per capita consumption expenditure of urban residents, regardless of the dependents' household registration. Dependents include minor children and adult close relatives who are unable to work and have no other sources of income. The duration of compensation is calculated based on the dependents' age and the circumstances of the supporting person. There are also rules on the total annual compensation limit for multiple dependents. Fourth, remaining differences: The new regulations unify the household registration standard across urban and rural areas, but regional differences remain—different provinces and cities have different baselines for urban residents' disposable income, leading to discrepancies in compensation amounts for similar injuries across different courts. Regarding the choice of the infringement location and habitual residence: The judicial interpretation allows choosing the higher standard based on the victim's habitual residence or domicile (if the relevant income standard is higher than that of the court where the case is filed, the higher standard can be claimed). This makes the choice of jurisdiction in litigation financially valuable. Fifth, practical tips: After the new regulations, there's no need to prepare evidence for household registration conversion anymore—focus on arguments that truly affect compensation amounts, such as disability grades and loss of earning capacity. In cases involving traffic accidents and work-related injuries, pay attention to the selection of compensation items and liability subjects (some items of work-related injury compensation can be combined with personal injury compensation). During mediation and negotiation, use the new standards to anchor expectations and prevent the other party from pressuring for lower compensation based on outdated standards. The implementation of "equal compensation for the same injury" returns compensation to the essence of damage itself and completely shifts the focus of personal injury litigation evidence to injury and loss proof.

IV. Practical suggestions and legal basis

The first step is to determine the applicable regulations based on the time of the infringement. The second step is to gather evidence according to the urban standard of proof based on the victim's habitual residence and income sources. The third step is to select the jurisdiction: for cross-regional cases, the court with the higher standard is chosen. The fourth step is to focus on the injury situation: household registration is no longer a variable, and the emphasis of evidence shifts to disability appraisal and proof of losses. The main legal basis: Article 12, Article 14, and Article 17 of the "Decision of the Supreme People's Court on Amending the Interpretation of Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (implemented in 2022); the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

There are three key points regarding equal compensation for urban and rural residents: starting from May 2022, urban and rural compensation standards will be unified, with household registration no longer determining compensation levels; old cases will follow the urban compensation standard based on both residence and income; regional compensation bases will remain different, but jurisdictional choices will be backed by real financial incentives. For disputes involving personal injury compensation standards, parties may seek resolution through legal channels.Personal injury and medical disputesThe service provides a comprehensive solution, and the determination of liability for traffic accidents can be integrated into it.Land expropriation and demolition, and administrative litigationFor cases involving the concurrence of work-related injuries and infringements, you can refer to the relevant provisions in the "Regulations on the Prevention and Control of Occupational Diseases".Labor arbitration and work-related injury compensationFor reference, you can check the guidelines on claim documents related to platesSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: If someone from a rural household is injured now, will they still be compensated according to rural standards?

No. Starting from May 2022, the compensation amount will be calculated according to the standards for urban residents, and household registration will no longer affect the compensation amount.

Q2: What standards are used to assess the accidents that occurred in 2021?

According to the old rules in effect when the infringement occurred, rural household registrants who can prove that their habitual residence and income sources are in urban areas are entitled to claim urban standards.

Q3: Have the living expenses of the dependents also been standardized?

It's been unified. According to the per capita consumption expenditure of urban residents, the household registration of the dependents no longer affects the amount of compensation.

Q4: Are the compensation standards the same in different cities?

It's different. The income base for urban residents varies from place to place. When meeting the requirements, they can claim according to the higher standard of their habitual residence.

Q5: Can compensation be claimed for both traffic accidents and work-related injuries?

For some projects that constitute competition and cooperation, both can be obtained (for example, disability compensation and one-time disability subsidies are independent of each other), and the specific combination will be designed according to each case.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently 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 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 a dispute arises, please consult a practicing lawyer in time.