Elementary school students in the second grade how to claim 50 for accidental injuries sustained at

Hello! The questions addressed to you are as follows:

It could not be negotiated, and the three parties acted as co-defendants.

The respective responsibilities are decided by the judge.

The prosecution is, of course, the full amount.

Good luck with the answers!

Supplement: The specific responsibility shall be determined by the judge in combination with the evidence presented by both parties and the extent of the fault.

Sue the school classmate A and classmate B. If the school is responsible, it is within the scope of responsibility, and if it is other liable, the parents of student A and student B are jointly and severally liable within the scope of their child's responsibility.

Of course, it would be best if it could be negotiated.

I want to know, what is the extent of the so-called injury?

Everyone knows how hard a primary school student is, and classmate B doesn't push your child directly, and how can A sit on your child? Shall bat once propel ath into the sky, and then afall down and sit on top of thy child??? Even if B directly pushes your child and makes your child fall, the injury is only a minor injury, why would it cause such a serious injury as you said???

The other person may ask the above questions, thinking that your child's injury is none of their business, or only give a few dollars for red potion, and if the injury is really minor, even if the legal process is not enough, there will be no result.

Therefore, it is better for the landlord to write clearly and in detail, as far as the description of your problem is concerned, it is difficult to see how much responsibility AB has.

If the student is a person with no capacity for civil conduct, and the school cannot prove that he or she has fulfilled his or her educational and management duties, the school shall bear the tort liability.

Legal basis: Article 110 of the Civil Code of the People's Republic of China Article 99 If a person without capacity for civil conduct suffers personal injury during his or her study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

1. How to compensate students for accidental injuries at school.

1. When the administrative department of education conducts mediation, if it is considered that the school is responsible, it may propose a corresponding mediation plan in accordance with relevant laws and regulations and relevant national provisions. Where the school is responsible for a student's injury accident, it is to give appropriate economic compensation based on the size of the responsibility, but does not undertake the settlement of housing, employment, and other matters that are not directly related to the rescue of the injured student or compensation for the corresponding economic losses.

2. Legal basis for confiscation: Article 26 of the Measures for the Handling of Student Injury Accidents.

Where the school is responsible for a student's injury accident, it is to give appropriate economic compensation based on the size of the responsibility, but does not undertake to resolve other matters that are not directly related to the rescue of the injured student or compensation for the corresponding economic losses, such as household registration, housing, and employment.

Where the school is not responsible, if there is capacity, it may give appropriate assistance to the injured student on the basis of the actual circumstances of the judgment and on the basis of the principle of voluntariness and possibility.

2. What are the responsibilities of the school if a student is injured in an accident at school?

1. If it is caused by the fault of the school, the school shall bear the corresponding liability for compensation in accordance with the civil tort. The school shall compensate the injured student for medical expenses, nursing expenses, transportation expenses, nutrition expenses and other reasonable expenses. However, the school can prove that it has fulfilled its educational and management responsibilities, and the student's injury is due to the student's personal reasons, and the school does not need to be held responsible;

2. If the student's injury at school is caused by a third party outside the school, if the school cannot prove that it has fulfilled its management duties, the school shall bear supplementary liability, and the school may recover from a third party after assuming supplementary liability.

If a student is injured while at school, there is no specific provision in the law on compensation, and the amount of compensation is usually determined through negotiation between the guardian of the injured student, the school and the infringer. However, in many cases, the amount of compensation will not exceed the amount of damage suffered by the injured student, and this needs to be calculated on a case-by-case basis.

1. How to compensate for injuries sustained at school?

The law does not stipulate a specific standard of compensation, and it is generally subject to the consensus between the student's guardian and the school.

Generally, the amount of compensation will not exceed the amount of loss you have suffered. (The principle of disadvantage).

You can claim compensation for:

1. Medical expenses (hospitalization fees, ** fees, medicine fees, etc.).

2. Lost work expenses of guardians (loss of wages due to taking care of children).

3. Hospitalization nutrition subsidy (to improve nutrition and food).

4. Other economic losses.

Generally speaking, you need to come up with the appropriate evidence to say that the compensation you are asking for is reasonable. For example, medical invoices, guardians' pay slips & leave slips, etc. You can only ask the school to compensate you for your losses!

Therefore, if you take a leave of absence to take care of your child, and the employer deducts your salary, you can ask the school to compensate you for the lost part of your salary, which is the so-called lost time pay. Therefore, the standard for deducting your salary by the employer is the standard for you to claim lost time pay.

2. If the child is injured at school, will the school be held responsible? What are the legal bases for liability?

1. The teacher's professional behavior caused the child to be injured.

Indemnified party: School.

2. Students are injured in frolicking, fighting, or self-inflicted injuries at school.

Article 1199 of the Civil Code: Where a person without capacity for civil conduct suffers personal injury during his or her studies or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational or management duties, he shall not be liable.

Article 1200 of the Civil Code: Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall be liable.

Article 1201 of the Civil Code: Where a person who lacks or has limited capacity for civil conduct suffers personal injury to a person other than a person outside the kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the infringer shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

In judicial practice, the specific proportion of liability borne by the above parties shall be determined by the court based on comprehensive consideration of the specific circumstances of the case.

If a student is injured while at school, the school is not necessarily liable. Because if a third party outside the school infringes on the student and causes the student to be injured, and the school has also fulfilled its supervision duty, then it should be the infringer who bears the responsibility, not the school. Even if the school does not fulfill its obligations, it is a supplementary responsibility, but not a full responsibility.

It is recommended to negotiate and deal with it, and if the negotiation fails, you can file a claim for compensation for medical expenses and other economic losses.

The guardian of the infringer shall compensate, and the school shall bear the corresponding supplementary liability compensation if it fails to fulfill its management responsibility. Article 40 of the Tort Liability Law of the People's Republic of China: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a person outside the kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the tortfeasor shall bear tort liability; Kindergartens, schools or other educational institutions in Qinzhou have not fulfilled their management responsibilities, and bear corresponding supplementary responsibilities.

Article 39 of the Tort Liability Law stipulates that if a person without or limited capacity for civil conduct suffers damage during the period of study or life in a kindergarten, school or other educational institution, and the kindergarten, school or other educational institution fails to perform its educational and management duties, it shall be liable. However, those who can prove that they have fulfilled their educational and management responsibilities are not liable.

Summary. Schools and perpetrators can be prosecuted.

Schools and perpetrators can be prosecuted.

Now that the school is asking for a settlement, how should I negotiate with the school about compensation?

Determine an amount based on the actual cost.

What are the specific costs?

For minor injuries, medical expenses are mainly required, and for serious injuries, medical expenses, nursing expenses, and nutrition expenses are required.

Does that include moral damages?

Traumatic in the heart. Minor injuries, no such thing.

If I want to pay for mental damage, do I need a professional medical report for trauma expenses?

If you negotiate, you don't need to.

Oh, but how should I negotiate a moral damage fee? Is there a standard for this?

In the case of negotiation, there is no standard, and both parties are willing. Legal proceedings, ordinary mental trauma 2000-8000,

If the student's accidental injury is caused by the school, you can claim compensation for both at the same time. If the injury is not caused by the school, you can only apply for accident insurance coverage. School liability insurance is the name of an insurance, which is used by the school as the insured person, and the insurance company will compensate for the accident and property loss of the student due to the school's negligence, and the school is also the beneficiary, which is a kind of liability insurance.

In the course of students' school activities or activities organized and arranged by the school (school activities include physical education classes, experimental classes, recess exercises, extracurricular activities, spring outings, etc.), the school shall be directly liable for financial compensation due to the school's subjective negligence that causes personal injury and property loss to the registered student. Accident insurance, also known as personal accident insurance, also known as accident or injury insurance, refers to the insurance that the insured pays a certain amount of premium to the insurance company, and when the insured suffers accidental injury during the insurance period and causes death or disability as a direct cause, the insurance company pays a certain amount of insurance money to the insured or beneficiary in accordance with the insurance contract.

The school has the statutory responsibility to manage education, and when what you say happens, it can be found to be at fault for it, and has the right to require the school to appropriately share the economic losses, and the proportion should not exceed 20%, and the parents of the students who "caused the accident" shall compensate for the rest. Where the victim student is at fault, the leniency should also be appropriately shared. As for the compensation items and amounts, they can be calculated according to the medical bills, medical pathological data, doctor's opinions (mainly the patient's three opinions and time limits), the two professional appraisal conclusions issued by the judicial appraisal agency on the disability level and the later stage, and other relevant loss certificates.

Article 21 of the Insurance Law of the People's Republic of China.

The policyholder, the insured or the beneficiary shall notify the insurer in a timely manner after knowing that the insured has occurred. If the nature, cause, and extent of loss of the insured accident are difficult to determine, the insurer shall not be liable for compensation or payment of insurance money for the part that cannot be determined, unless the insurer has known or should have known about the occurrence of the insured accident in a timely manner through other means.

Article 22.

After the occurrence of an insured event, when the insurer requests compensation or payment of insurance money in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the relevant certificates and materials that it can provide to confirm the nature, cause and extent of loss of the insured event. If the insurer finds that the relevant certificates and materials are incomplete in accordance with the provisions of the contract, it shall promptly notify the policyholder, the insured or the beneficiary to provide supplementary information in a one-time manner.