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It depends on what your aunt does, how long she stays in the hospital.
If you sweep the garbage, it's about 200
If the cashier is about 800
If the manager gives about 1200
If the governor is about 2,000 to 3,000 (because he is in charge of the company, he will lose a lot if he is hospitalized).
And the responsibility should be that your aunt pays 1 3 and drives 2 3.
If you stay in the hospital for a long time, it will be twice as much as two months, and if you are resigned, you will pay at least 1,000
How hard to find a job, this driver is too cheap.
Give points.
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If the company has purchased work-related injury insurance for employees, and the company determines that it is a work-related injury, all expenses will be borne by the insurance company and the company.
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The Labor Law and the Regulations on Work-related Injury Insurance stipulate that:
All enterprises and individual businesses should apply for work-related injury insurance for their employees.
If an employee is involved in a traffic accident on his or her way to and from work, it shall be recognized as a work-related injury.
**If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
**If you are hospitalized for work-related injuries, you will be given a hospital meal subsidy by your employer according to 70% of the food subsidy standard for business trips of your unit.
The period of work-related injury is a period of suspension of work with pay, which generally does not exceed 12 months.
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1. The compensation standard of the other party's fully responsible unit for a car accident on the way to work is as follows:
1) In the event of a car accident on the way to work, the employer can pay compensation according to the work-related injury compensation standard, and the compensation items include medical expenses, accommodation expenses, lost work expenses, nursing expenses and other related expenses;
2) If you are disabled at work, you need to pay for the expenses necessary for living and the loss of labor income due to the loss of working ability;
3) The standard of work-related injury compensation, also known as the standard of work-related injury insurance benefits, refers to the compensation items and standards that the injured employees and the relatives of the work-related deceased employees shall enjoy in accordance with the law.
2. Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
2. What is the standard for the division of responsibility for traffic accidents?
1. If the behavior of one party causes a traffic accident, it shall bear full responsibility;
2. If the behavior and degree of fault of all parties have the same effect on the accident, all parties shall be equally responsible;
3. If one party is primarily responsible for the traffic accident, the other party shall be secondarily liable;
4. In the event of an accident, all parties are not responsible.
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1 This is a work-related injury.
2. The subject of compensation for work-related injuries is not the employer.
3. What the unit should do is to retain the original treatment during the ** period.
4 If the condition is stabilized and the person is disabled, the employer will have a part that needs to be compensated.
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Legal analysis: 1. If the employer pays work-related injury insurance for you, the work-related injury compensation is paid by work-related injury insurance**; If the employer does not pay the work-related injury insurance for you, the full compensation of the work-related injury insurance shall be compensated by the employer; 2. If the employer refuses to pay the work-related injury compensation, you should first apply for labor arbitration and ask the employer to pay the compensation, and only if you are not satisfied with the labor arbitration can you file a lawsuit with the court to claim work-related injury compensation.
Legal basis: According to Article 30 of the Regulations on Work-related Injury Insurance, employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees who are not injured at work are not entitled to medical treatment for work-related injuries and are treated in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
According to Article 31 of the Regulations on Work-related Injury Insurance, if an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to identify a work-related injury, the medical expenses of the work-related injury shall not be stopped during the administrative reconsideration and administrative litigation.
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If there is a car accident on the way to work, the other party is fully responsible and can be compensated by the work-related injury insurance. For work-related accidents, it is necessary to declare the identification and appraisal of work-related injuries. The compensation items include medical expenses, transportation and accommodation expenses, hospital meal expenses, disability assistive device expenses, wages during the period of suspension of work, living care expenses, one-time disability allowance, one-time medical allowance, one-time employment subsidy, etc.
For work-related accidents, the unit shall bear full liability for compensation. You need to contact the staff of the insurance company that bought the insurance to confirm whether there is a traffic accident, you need to inform the accident and the car damage, what time and place the accident occurred, after reporting the car damage, the staff will send someone to verify, if the situation is true, the other party will notify you to go to the insurance company to handle the claim procedure and receive the insurance money.
Regulations on Work-related Injury Insurance
Article 14. In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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1. Does the unit need compensation for a car accident on the way to work?
1. There was a car accident on the way to work, and the unit needs to compensate. If it is a work-related injury, the employer may request the employer to pay the full amount of the medical expenses after obtaining the work-related injury determination decision issued by the labor department, and the wages during the period of suspension of work and pay shall be paid according to the original benefits. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located; If the employer fails to fulfill its obligations, the injured employee may apply for labor arbitration to protect his or her legitimate rights and interests.
2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) During working hours and in the workplace, being injured by accidents such as quarrels and violence as a result of performing work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. What are the steps for handling traffic accidents?
1. Accept and report the case. After receiving the report of the party or other persons, the public security traffic management department shall file the case in accordance with the scope of jurisdiction;
2. On-site processing. After accepting the case, the public security traffic management department immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence;
3. Determination of responsibility. On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the traffic accident responsibility of the parties according to the causal relationship between the violation of the accident and the traffic accident, and the size of the role;
4. Adjudication and punishment. The public security traffic management department shall, in accordance with the relevant regulations, give the person responsible for the accident a warning, fine, suspension, revocation of the driver's license or detention;
5. Mediation of damages. For the compensation for personal injuries, deaths and economic losses caused by traffic accidents, in accordance with the relevant provisions and compensation standards, according to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate. The two parties agree to reach an agreement on the collision, and the accident mediator will prepare and issue a mediation letter for damages;
6. Filing a lawsuit with the court. If the mediation between the two parties fails within the statutory time limit, the public security traffic management department shall terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.
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If it is a work-related injury, first go to the labor department to apply for recognition of work-related injury, and after obtaining the work-related injury determination decision issued by the labor department, the employer can request the employer to pay the full amount of medical expenses, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located; If the employer fails to fulfill its obligations, the injured employee may apply for labor arbitration to protect his or her legitimate rights and interests.
The items of compensation claimed are as follows:
1. ** fee;
2. Food subsidy for living in Tongyuan;
3. Transportation expenses, accommodation and food expenses for medical treatment in other places;
4. **** fee;
5. Assistive device fee;
6. Wages during the period of suspension of work. If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis;
7. Living care expenses.
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
Where an employee has the circumstances of items (1) and (2) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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Not necessarily. If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting, second, it must be a traffic accident on the necessary route to and from work, third, it must be that the person is not responsible or not the main responsibility, and fourth, it must be a road traffic accident caused by a motor vehicle.
Legal analysis
Traffic accident work-related injuries are a special type of work-related injury, but it does not mean that as long as an employee has a traffic accident on the way to and from work, then it will definitely be recognized as a work-related injury, and it needs to be combined with the actual situation. If it is determined that the employee is mainly or fully responsible for the accident, then it cannot be recognized as a work-related injury. You will not be able to claim compensation for work-related injuries after that.
If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: the traffic accident must occur at the specified time of commuting to and from work, and the traffic accident must occur on the necessary route to and from work; It must be a road traffic accident caused by a motor vehicle. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:
During working hours and at work, the employee dies of sudden illness or dies within 48 hours after rescue is ineffective, is injured in activities to safeguard national interests and public interests such as emergency rescue and disaster relief, and the employee was previously served in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a revolutionary disabled veteran certificate, and is injured after arriving at the employer. In the event of a dispute between an employee and an employer over the determination of work-related injury, the employer shall bear the burden of proof.
Legal basis
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) during working hours and in the workplace, he or she is injured in an accident due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 16: Where employees meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, they must not be found to be a work-related injury or treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.
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