■Or refer to the local nursing standards for calculation and depending on the condition.
■If the condition is serious and you cannot get out of bed, you can count two people in the first month and one person in the later period.
■General urban hospitals can require a daily calculation of 70-100 yuan/day.
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■Legal basis for lost work pay: Interpretation No. 20 of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases [2003].
Article 20: Lost work pay is determined based on the victim’s lost work pay and income.
Loss of work compensation is determined based on a certificate issued by the medical institution where the victim received treatment. If the victim continues to be absent from work due to injury and disability, the absence may be counted to the day before the date of disability.
If the victim has a fixed income, the lost wages shall be calculated based on the actual reduction in income. If the victim has no fixed income, the calculation shall be based on his average income in the last three years; if the victim cannot provide evidence to prove his average income in the last three years, he may refer to the average salary of employees in the same or similar industry in the location of the appeals court in the previous year.
■Legal basis for nursing fees:
Article 21 Nursing fees are determined based on the income of nursing staff, the number of nurses and the duration of nursing care.
If the nursing staff has income, the calculation shall be based on the regulations on lost work pay; if the nursing staff has no income or if the nursing staff hires nursing staff, the calculation shall be based on the labor remuneration standards of local nursing staff engaged in the same level of care. In principle, there is one nursing staff, but if the medical institution or appraisal agency has clear opinions, the number of nursing staff can be determined by reference.
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■Certification
This is to certify that Zhang Xiaosan, male, ID number 4450, ID number 4450, identity Certificate No. 4450
Because a family member was injured in an accident, Zhang Xiaosan asked for leave for * * * days to take care of his family. The company deducted 3,000 yuan from vacation wages in accordance with regulations.
This is to certify
Beijing XXX Company
2013 10 June 16
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★ Hospitalization case Compensation costs are generally as follows: The following calculation standards refer to Guangdong standards, and the specific standards should be combined with the provincial and municipal standards where the accident occurred.
■Medical care: Compensation will be based on the actual bill.
■Follow-up medical expenses: Generally only used for injured patients who have undergone major surgery and implanted steel plates and other internal fixation materials. It can be treated after the second surgery or in advance. If the injured party is not short of money, he will ask the other party to bear the cost after the second surgery or file a lawsuit in court.
■Meal expenses: only for hospitalization, generally 30-50 yuan/day x number of days of hospitalization, Guangdong 50.
■Nursing: Only in the hospital, usually 50-120 yuan/day × number of days of hospitalization (it can be calculated to about 100 in some developed areas, or it can be calculated based on urban household registration standards, similar to the calculation of lost work wages. ) can also refer to local standards of care, there is currently no obvious standard of care. Different from food expenses.
■Absence from work: Generally, only women aged 18-55 and men aged 18-60 need a hospital rest certificate. Comprehensive confirmation with reference to income standards and household registration standards. (If you can prove that your income has been reduced and provide a bank account number, lost work pay can also be calculated for people over 16 years old, whether they are military personnel, teachers or civil servants. Specific case analysis.) - For pregnant women, calculate according to the maternity leave regulations. No lost work pay will be calculated during maternity leave. However, the reduction in income due to injury can still be calculated.
■Transportation: Generally, there are very few tickets and medical records.
■Disability: Only when disabled.
■Spirit: In principle, it is only used for death and disability cases, but for pregnant women’s cases, it can be calculated appropriately, usually 3000-5000, depending on the other party’s responsibility. It is higher in developed areas, based on local conditions. .
■Other expenses: As long as the responsible party agrees, the parties should resolve the issue through negotiation.
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■■Attached are two legal provisions for your reference. Attached are 1 and 2. You can search online yourself.
Attachment 1 Interpretation No. 19 of the Supreme People's Court on Several Issues concerning the Applicable Law in the Trial of Road Traffic Accident Compensation Cases [2012].
■Article 16: Purchasing 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") If a motor vehicle suffers damage due to a traffic accident, the people's court shall determine the liability for compensation in accordance with the following provisions:
(1) The insurance company underwriting the compulsory insurance shall first compensate within the liability limit;
( 2) The shortfall shall be compensated by the insurance company underwriting commercial third-party insurance in accordance with the insurance contract;
(3) If there is still a shortfall, the tortfeasor shall in accordance with the "Road Traffic Safety Law" and "Tort Liability Law" 》Relevant provisions of compensation.
If the infringer or his close relatives request that the insurance company underwriting compulsory insurance give priority to compensation for mental damage, the people's court shall support it.
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Attachment 2 China Insurance Regulatory Commission compulsory insurance regulations:
■Within 110,000, the responsible party or the insurance company shall bear the death and disability expenses, including Funeral expenses, death compensation, transportation expenses for the victim’s relatives to attend the funeral, disability compensation, disability assistive devices, nursing expenses, rehabilitation expenses, transportation expenses, dependents’ living expenses, accommodation expenses, lost work expenses, and the insured’s compensation according to the court Mental damage solatium, etc. paid by judgment or mediation document.
■Within 65,438+00,000, the responsible party or the insurance company shall bear the medical expenses, including medical expenses, diagnosis and treatment expenses, hospitalization expenses, hospitalization food subsidies, necessary and reasonable follow-up treatment expenses, and plastic surgery Fees, nutrition fees.
■If the car owner has no liability, he will compensate the other party within the limit of no liability. ①The limit for death and disability items is 1,000 yuan; ②The limit for medical expenses is 1,000 yuan.
■Property damage: If responsible, the responsible party or the insurance company shall bear all liability if it is less than 2,000 yuan. No liability: the limit is 100 yuan.
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