■ Or refer to the local nursing standards to see the condition.
■ If you are seriously ill and can't get out of bed, you can count two people in the first month and one person later.
■ General city hospitals can require a daily calculation of 70- 100 yuan/day.
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■ Legal basis for lost time: the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases [2003] No.20.
Article 20: The lost time fee shall be determined according to the lost time fee and income of the victim.
The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
■ Legal basis for nursing expenses:
Twenty-first nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
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■ prove
This is to certify that Zhang Xiaosan, male, has ID number 4450, ID number 4450 and ID number 4450.
Because his family was accidentally injured, Zhang Xiaosan asked for leave to take care of his family for * * * days. The company deducted 3000 yuan's vacation salary according to the regulations.
Hereby certify that
Beijing XXX company
201310 June 16
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★ The compensation expenses for hospitalization cases are generally as follows: The following calculation standards refer to Guangdong standards, and the specific standards should be combined with the standards of provinces and cities where the accident occurred.
■ Medical treatment: compensation according to the actual bill.
■ Follow-up medical expenses: generally only used for the injured who have undergone major surgery and implanted internal fixation materials such as steel plates. It can be treated after the second operation or in advance. If the injured party is not short of money, after the second operation, he will ask the other party to bear or sue in court.
■ Meal fee: hospitalization only, generally 30-50 yuan/day × days of hospitalization, 50 in Guangdong.
■ Nursing: only in hospitals, generally 50- 120 yuan/day × hospitalization days (in some developed areas, it can be calculated to about 100, or it can be calculated with reference to urban household registration standards, which is similar to the calculation of lost time. You can also refer to local nursing standards, and there is no obvious nursing standard at present. Different from food expenses.
■ Lack of work: Generally, only women in 18-55 and men in 18-60 should have hospital rest certificates. Comprehensive confirmation with reference to income standards and household registration standards. (If you can prove that your income has decreased and provide a bank account number, you can also calculate the lost time fee for people above 16, whether they are soldiers, teachers or civil servants. Specific case analysis. )-For pregnant women, it is calculated according to maternity leave regulations, and the lost time fee is not calculated during maternity leave. However, due to injury, the decrease in income can still be calculated.
■ Transportation: There are few general tickets and medical records.
■ Disability: Only when disabled.
■ Spirit: In principle, it is only used for cases of death and disability, but for cases of pregnant women, it can be calculated appropriately, generally 3000-5000, depending on the other party's responsibility, which is higher in developed areas and combined with local conditions.
■ Other expenses: As long as the responsible party agrees, all parties shall solve the problem through consultation.
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■■ Two legal provisions are attached for your reference. Attached 1 and 2, you can search online by yourself.
Attached 1 the Supreme People's Court's explanation on several issues concerning the application of law in the trial of road traffic accident compensation case [20 12] No.
■ Article 16 Where a motor vehicle insured with compulsory motor vehicle third party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial motor vehicle third party liability insurance (hereinafter referred to as "commercial third party liability insurance") suffers damage due to a traffic accident, the people's court shall determine the liability for compensation in accordance with the following provisions:
(1) An insurance company that underwrites compulsory insurance shall make compensation in advance within the limit of liability;
(two) the insufficient part shall be compensated by the insurance company that underwrites the commercial third party insurance according to the insurance contract;
(3) If there are still deficiencies, the infringer shall make compensation in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.
If the infringer or his near relatives request the insurance company that underwrites compulsory insurance to give priority to compensation for mental damage, the people's court shall support it.
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Annex 2 Provisions of China Insurance Regulatory Commission on Compulsory Insurance:
■ 1 10000, the responsible party or insurance company shall bear the death and disability expenses, including funeral expenses, death compensation, transportation expenses incurred by the victim's relatives in handling the funeral, disability compensation, disability assistive devices, nursing expenses, rehabilitation expenses, transportation expenses, living expenses of dependents, accommodation expenses, lost time, mental damages paid by the insured according to the court judgment or mediation, etc.
■ Within 65,438+00,000 yuan, the responsible party or insurance company shall bear the medical expenses, including medical expenses, medical treatment expenses, hospitalization expenses, hospital food subsidies, necessary and reasonable follow-up treatment expenses, plastic surgery expenses and nutrition expenses.
■ If the owner has no responsibility, then compensate the other party within the limit of no responsibility. ① The limit of death and disability items is 1 1,000 yuan, 1 1,000 yuan; ② Medical expenses limit 1 1,000 yuan.
■ Property loss: if there is any responsibility, the responsible party or insurance company shall bear all the responsibilities below 2,000 yuan, but there is no responsibility: limit 100 yuan.
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