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Disability appraisal should be based on factors such as the specific injury location, the degree of the condition and the degree of functional impairment.
When conducting disability appraisal, we must pay attention to two key links: one is the selection of the appraisal unit, and the other is the grasp of the appraisal timing. You must know that the difference between the rated level and the non-rated level is very large; For the same injury, different ratings, the amount of compensation will also vary from tens of thousands of yuan or even hundreds of thousands of yuan.
The evaluation of disability level needs to comprehensively consider factors such as the injured location, recovery, and functional impairment.
Car Accident Fracture Compensation Standards.
1. The compensation obligor shall compensate for the compensation for general injuries, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
3. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article in accordance with the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
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The amount of compensation is closely related to the level of disability and the status of the child (rural and urban standards). If the left leg is fractured, it has constituted a disability, and it is necessary to go to the forensic laboratory for appraisal three months after the date of injury (three months must be required); If the child's household registration is rural, the compensation will be based on the rural standard, and if the child is an urban household registration, the compensation will be based on the urban standard, and the standard between the rural and urban areas is very different. Generally, vehicles have purchased compulsory traffic insurance, and the loss is compensated by the insurance company.
The level of disability has not been determined, and it is estimated that the driver will not rush to mediate with you.
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Legal analysis: The amount of compensation to be paid for the fracture of a traffic accident should be determined according to the actual situation of the victim. If the victim is not disabled by the injury, there is no reduction in real income.
or the level of disability is low, but seriously affects their labor and employment. Then appropriate adjustments can be made to the disability compensation. In general, disability compensation is equal to the per capita disposable income of urban or rural residents in the previous year where the court is located multiplied by the number of years of compensation and multiplied by the disability coefficient.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases》 Article 19: Medical expenses are to be determined on the basis of receipts for medical expenses, hospitalization fees, and other receipts issued by medical institutions, combined with relevant evidence such as medical records and annual rental diagnosis certificates. If the person obligated to compensate has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.
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Summary. Hello! Fractures caused by traffic accidents shall be compensated for reasonable expenses such as medical expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as lost work expenses.
If the disability of another person is caused, the cost of assistive devices and disability compensation shall also be compensated on the basis of the above-mentioned compensation costs.
Hello! Fractures caused by traffic accidents shall be compensated for reasonable expenses such as medical stuffy limb rental fees, transportation expenses, camp and hunger maintenance expenses, and hospital meal subsidies, as well as lost work expenses. If it causes the disability of another person, compensation shall also be made for the cost of assistive devices and disability compensation on the basis of the above-mentioned compensation costs.
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A: 1The traffic police will issue a certificate of responsibility for the accident.
2.You can bear the corresponding responsibility according to the liability determination and pay the other party's medical expenses and car repair fees. If the situation is serious, it may be necessary to pay compensation for lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses, and the compensation obligor shall compensate them.
If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs to include the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** care and continuation**, and the compensation obligor shall also compensate.
3.If you don't agree with this, you can sue the court and wait for the court's decision.
[Legal basis].
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: If the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
In the event of the death of the victim Li Mo, the person obligated to compensate shall compensate for the funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses provided for in the first paragraph of this article in accordance with the circumstances of the rescue.
Road Traffic Safety Act.
56th party to the inspection report, appraisal opinions, application for re-inspection, appraisal, shall be from the public security organs traffic management department within three days from the date of delivery of the written application, approved by the head of the traffic management department of the public security organs at or above the county level, the original case-handling unit shall be re-commissioned inspection, appraisal. If the inspection report and appraisal opinion do not have the circumstances of the first paragraph of Article 55 of these provisions, with the approval of the person in charge of the traffic management department of the public security organ at or above the county level, the original case-handling unit shall make a decision not to allow the re-inspection and appraisal, and notify the applicant in writing within three days from the date of the decision.
For the same inspection or appraisal item of the same traffic accident, the re-inspection and appraisal shall be limited to one time.
If you go to the disability appraisal, the higher the disability, the more compensation, as well as, mental damage, transportation expenses (you can't get out of bed), lost work expenses (your salary is paid as usual), medical expenses (he is responsible for all) surgical expenses (all he is responsible for) The premise of these is that you did not run a red light, and so on to violate traffic rules, if you run a red light and cause an accident, the driver will be compensated according to 70%, not all, I hope it can help you, I wish you a speed**.
It is a tanker on the highway that stops a van parked on a fork in the road (parked in the middle of the fork because he is not familiar with the road, stop in the middle of the road and look at the sign). Directly rear-ended, and then the van flipped over. Tankers with a load of dozens of tons can't brake at all. >>>More
Don't worry, it really takes time, I have a fibula fracture, it's been 50 days now, and I can go down to the ground slowly, but you must take care of it, it will be faster. If you are afraid of slow recovery, you can take osteopathy, so I will take it!
Legal analysis: If an employee causes damage to others due to the performance of work tasks, the unit that uses the key to cover the world shall bear the tort liability, and the employer shall have the right to recover compensation from the staff who have intentional or gross negligence after assuming the responsibility. If the employee does not cause damage to others due to the performance of work tasks, he or she shall be liable for compensation. >>>More
According to the regulations on work-related injury insurance, the compensation standard for work-related death is 20 times the per capita disposable income of urban residents in the previous year. In 2012, the per capita disposable income of urban residents was 24,565 yuan, 20 times that of 491,300 yuan. Please refer to other questions about work-related injuries.