1. Medical expenses: the registration fee, hospitalization fee, medical expenses, medicine expenses and medical expenses required for industrial injury treatment shall be fully reimbursed;
2. Hospitalization food subsidy: hospitalization days × business trip food subsidy standard ×70% (social security payment);
3. Transportation and accommodation expenses: actually incurred (social security payment);
4. Paid shutdown salary: my salary × paid shutdown period (subject to the appraisal by the Labor Bureau) (paid by the company);
5. Nursing expenses: hospitalization days × local nursing standards (paid by the unit).
For the list of industrial injury compensation in Guangzhou, please refer to the industrial injury compensation standard: baike.baidu./view/2001275.htm.
Who can give me a list of industrial injury compensation in private enterprises? A 1。 First of all, it is very important to apply to the local labor department for work-related injuries, which is also the premise of all problems. If you don't apply for a work-related injury, everything will be useless. If the unit does not apply, the individual employee must apply within one year from the date of injury;
2. If a work-related injury is identified as a work-related injury, after obtaining the work-related injury identification decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the paid shutdown period (work-related injury treatment and rehabilitation period) shall be paid according to the original treatment. The unit is responsible for those who need nursing during unpaid leave, and the food subsidy during hospitalization is paid according to your local standard;
3. After the injury is stable, you can apply for labor ability appraisal, determine the level of work injury, and then ask the employer for disability compensation according to the disability level;
4. If you don't understand anything, you can directly consult or call the local labor department at 12333!
How to write the list of doctor-patient compensation? The following are the compensation items and compensation calculation in medical accident compensation. If it can solve your problem, please adopt it. Thank you, medical malpractice dispute lawyer, push-to-talk 400-000-9 164.
Article 46 Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients. Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Article 47 If both parties settle civil liability disputes such as medical malpractice compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.
Forty-eighth has been identified as a medical accident, the administrative department of health at the request of both parties to the dispute of medical accident, medical accident compensation mediation. Mediation should follow the principle of voluntariness of both parties, and the amount of compensation should be calculated in accordance with the provisions of these regulations.
If the two parties reach an agreement on the amount of compensation through mediation, a mediation agreement shall be made and both parties shall perform it; If mediation fails or one party reneges after reaching an agreement through mediation, the health administrative department will no longer mediate.
Forty-ninth medical accident compensation, should consider the following factors, determine the specific amount of compensation:
(a) the level of medical accidents;
(two) the degree of responsibility of medical negligence in the consequences of medical accident damage;
(three) the relationship between the consequences of medical accident damage and the patient's original disease status.
If it is not a medical accident, the medical institution shall not be liable for compensation.
Fiftieth medical accident compensation shall be calculated according to the following items and standards:
(1) Medical expenses: calculated according to the medical expenses incurred in treating personal injuries caused by medical accidents, and paid according to the evidence, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.
(2) Lost time: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.
(3) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.
(4) Escort fee: If the patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred.
(5) Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(6) Disability appliance fee: If it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the universal appliance fee with the certificate of medical institution.
(7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred.
(8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of residents in their domicile or residence. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no ability to work will be supported for 20 years; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials.
(X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials.
(11) Spiritual damages: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years.
Article 51 The transportation expenses, lost time expenses and accommodation expenses required for the close relatives of patients to participate in the handling of medical accidents shall be calculated with reference to the relevant provisions of Article 50 of these regulations, and the number of people who calculate the expenses shall not exceed 2.
If a medical accident causes the death of a patient, the transportation expenses, lost time expenses and accommodation expenses required by the spouse and immediate family members of the patient participating in the funeral activities shall be calculated with reference to the relevant provisions of Article 50 of these regulations, and the number of people who calculate the expenses shall not exceed 2.
Fifty-second medical malpractice compensation costs, the implementation of a one-time settlement, paid by the medical institutions responsible for medical malpractice.
Do you have a list of industrial injury compensation? According to the relevant provisions of the Regulations on Work-related Injury Insurance, if a work-related injury is recognized as a work-related injury, you can enjoy the following work-related injury benefits:
(1) The medical expenses shall be paid in full by the employer;
(2) During paid shutdown (during treatment and rehabilitation of work-related injuries), the salary shall be paid according to the original treatment;
(3) The unit shall be responsible for the need for nursing during the period of shutdown with pay;
(4) During hospitalization, the food subsidy shall be paid according to the local standards of the injured workers;
(5) If the labor ability is appraised as 1- 10, you can also enjoy disability allowance (1-6), one-time disability allowance, one-time work injury medical allowance (5- 10) and one-time disability employment allowance (5- 10).
How to write traffic accident compensation list? Meng Xianjiang's legal hotline answers your questions:
Including compensation items and compensation amount, such as medical expenses, lost time, nursing expenses, hospital food subsidies, transportation expenses, disability compensation, mental damage compensation, etc.
For more answers, please refer to "Meng Xianjiang Hotline Network", search Meng Xianjiang Hotline Network on the Internet, and provide online lawyer services.
You have to do a forensic examination first,
Hospital expenses, medical expenses, nursing expenses, lost time, you see divorce proceedings. Food expenses. That's about it. I don't want to explain the hospitalization expenses. When I was discharged from the hospital, the hospital gave you a hospitalization list, recording when you came, and the labor contract was terminated. When did you leave? Medical expenses are your medical expenses in the hospital, such as surgery and traffic accident confirmation. Driving steel nails and taking steel nails are all medical expenses, but it should be noted that for insurance companies, medical expenses are not reimbursed by 100%. The reimbursement of medical expenses by insurance companies depends on the local medical insurance situation. For example, some drugs or treatments are not covered by medical treatment, and insurance companies will not bear these expenses. The only way is to consult the parties for reimbursement. Nursing expenses, as the name implies, are paid by others to take care of your life when you can't take care of yourself. Lost time, this requires your work unit to issue the salary table for the last three months, and the insurance company will pay according to the average of your salary table for the last three months. Meal money is the money you ate while you were in hospital. Although there is no clear guarantee for this, it cannot be said that we eat bird's nest and abalone every day. According to a normal day, I won't give you too much.
1. medical expenses: the expenses related to the accident that have occurred shall be compensated after excluding the expenses that are not borne by medical insurance. 2. Hospitalization food allowance: days of hospitalization * food allowance standard for local business travelers 3. Nursing expenses: days of hospitalization * service standard of local residents 4. Lost time: (hospitalization days+vacation days) * local annual per capita disposable income /365 days 5. Transportation expenses: there are tickets, time and place, which can be explained as accident-related expenses. Disability compensation: after appraisal, the compensation will be calculated by grade =
How to write the personal injury compensation item in the compensation list after the legal consultant team is injured?
Including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, disability compensation, disability AIDS, spiritual comfort, funeral expenses, living expenses of dependents, death compensation, property losses, follow-up treatment expenses, rehabilitation expenses, etc., the compensation obligor shall compensate.
Calculation methods and standards
1. The medical expenses shall be determined according to the receipt vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
2. The lost time fee is 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.
3. The nursing fee is 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.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
4. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
5. Hospitalization food allowance can be determined by referring to the standard of food allowance for general staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
6, nutrition fee according to the disability of the victim with reference to the opinions of medical institutions.
7. Disability compensation is calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
8. The cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard.
The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
9. Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
10. The living expenses of the dependents are calculated according to the degree of the dependents' incapacity and the per capita consumption expenditure of urban residents and rural residents in the last year where the appeal court is located.
If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
1 1. The death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located, and the calculation period is 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the court is sued, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.
The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.
12. Actual amount of compensation for property losses According to Article 131 of the General Principles of the Civil Law and Article 2 of this Interpretation, the actual amount of compensation for property losses in Articles 19 to 29 is determined.
In principle, the compensation for material damage determined in the preceding paragraph and the compensation for mental damage determined in accordance with the provisions of the first paragraph of Article 18 shall be paid in one lump sum.
13. Items and standards of mental damage: Where the obligee (victim or close relative of the deceased) requests compensation for mental damage from the people's court, it shall be determined according to the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts. The right to claim compensation for mental damage shall not be transferred or inherited. However, the obligor for compensation has promised to pay monetary compensation in writing, or the obligee for compensation has brought a lawsuit to the people's court.
Description:
1. If the period of compensation for nursing, assistive devices or disability exceeds the time limit, the compensation obligee brings a lawsuit to the people's court to continue to pay the compensation for nursing, assistive devices or disability, the people's court shall accept it. If the obligee really needs to continue nursing and prepare assistive devices, or has no ability to work and no source of income, the people's court shall order the obligor to continue to pay the relevant expenses for five to ten years.
2. Where the compensation obligor requests to pay the disability compensation, the living expenses of the dependents and the expenses of disability AIDS by regular payment, it shall provide corresponding guarantee. The people's court may, according to the ability to pay and the guarantee provided by the compensation obligor, determine to pay the relevant expenses in the form of regular payment. However, the expenses, death compensation and mental damages incurred before the end of the debate in the court of first instance shall be paid in one lump sum.
3. The people's court shall specify the time, method and standard of payment for each installment in legal documents. If the relevant statistical data changes during the implementation period, the payment amount should be adjusted accordingly in time.
4. Regular payment is made according to the actual life of the compensation obligee, and is not limited by the compensation period in this interpretation. The per capita disposable income of urban residents, per capita net income of rural residents, per capita consumption expenditure of urban residents, per capita annual living consumption expenditure of rural residents and average wages of employees mentioned in this interpretation are determined according to the relevant statistical data of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities with separate plans published by the statistics department.
5. Last year: refers to the last statistical year when the court of first instance concluded its debate.
How to write the industrial injury compensation appeal? General industrial injury compensation needs to apply for labor arbitration to protect rights.
According to the Labor Dispute Mediation and Arbitration Law
Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.
The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.
If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.
If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.
Article 28 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.
The application for arbitration shall contain the following items:
(a) the name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party.
How to write a work-related injury compensation complaint is very professional. It is recommended to consult a lawyer and entrust a lawyer to write a book.
Citizens, legal persons or other organizations shall submit a complaint to the people's court.
A complaint is a written statement made by a private prosecutor in a criminal private prosecution case or a plaintiff in a civil or administrative case to the people's court against the defendant.
The complaint shall include the following contents:
(1) Basic information of the parties. Citizens shall specify their name, gender, age, nationality, work unit, position, address and contact information; The legal person shall specify the full name, domicile, name and position of the legal representative, name and position of the entrusted agent, and the lawyer shall specify the law firm where he is located;
(2) Having specific and clear opinions;
(3) Having the facts and reasons on which the prosecution is based;
(4) Evidence and sources of evidence;
(5) The signature and seal of the parties and the date of signature.