How compensation should be made How compensation should be claimed

Indeed, the time limit for arbitration has been far exceeded, within one year.

This situation is a work-related injury, and the specific steps are as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.

First of all, this is a traffic accident, and the traffic police should first issue a traffic accident identification letter to determine whether it is the primary responsibility, the same responsibility, or the secondary responsibility is the accident identification certificate.

Secondly, the responsibility is allocated according to the accident certificate.

Thirdly, according to 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", "the victim suffers personal injury, and the expenses incurred due to medical treatment** and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, etc

The person obligated to compensate for transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses shall be compensated. "Determine the relevant compensation items.

If you have a collision with an 84-year-old man on the street, the compensation is mainly composed of medical expenses and nursing expenses.

Medical expenses are determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. You can object to the necessity and reasonableness of **, but you have to bear the corresponding burden of proof.

The nursing fee is mainly determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

The period of care shall be calculated until the victim regains the ability to take care of himself/herself.

The so-called period of care of 20 years refers to the fact that where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined based on factors such as his or her age and health condition, but the maximum is not more than 20 years.

Finally, multiply the above two items by the proportion of your responsibility, which is the part you should bear.