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If you are not hospitalized, you can compensate for lost work expenses, but you need the attending doctor of the hospital to issue a "Disease Diagnosis Opinion" to prove that your injury has not healed and you need to rest, so that you can ask the other party to compensate for lost work expenses. As for the amount of compensation for lost time, there must be corresponding proof of income, such as the salary slip for 3 months before the accident or the loss of work and no income certificate of the unit.
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I can only say that you can't report the hospitalization fee ** fee can be reported Lost work fee of course can also be reported As for how much to report, there are regulations Sigh and say that good health is more important than two more dollars.
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Lost time pay can be requested, and the lost time pay can be determined based on the income level and lost time work.
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Analysis of the legal situation: It can be requested, but if there is a hospital certificate that there is a need to recuperate at home, there will be lost work expenses, and the hospital must issue a certificate and state the period of rest and interest. Moreover, the employer is required to issue a certificate to prove that the employee will go to work in the future due to a traffic accident, resulting in the corresponding salary being deducted, because the compensation for lost time is subject to the actual occurrence, and only the hospital certificate is not enough.
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 17: Where a victim suffers personal injury, all expenses incurred due to medical treatment** and 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, shall be compensated by the compensation obligor. 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.
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Legal analysisIf you are not hospitalized, you can compensate for lost work expenses, but you need the attending doctor of the hospital to issue a diagnosis opinion to prove that the injury has not healed and you need to rest, so that you can ask the other party to compensate for the lost work expenses. As for the amount of compensation for lost work, there must be corresponding income certificates, such as the salary slips of the 3 months before the accident or the loss of work and no income certificate of the unit. If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average salary of the employee in the previous year where the medical accident occurred, the silver judgment shall be calculated according to 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where the medical accident occurred.
There are two ways to calculate lost time pay according to whether the patient has a regular income or not. Therefore, the most important thing for the parties is not whether they are hospitalized, so the best way to regret the compensation for lost time pay is to seek help from relevant departments to protect their legitimate interests.
Legal basisInterpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 7: Compensation for lost work is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
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Summary. According to the Tort Liability Law of the People's Republic of China, if a party suffers losses due to infringement, it has the right to demand compensation from the infringer. This includes lost time pay, subject to the following conditions:
1.The victim must be unable to work because of the violation; 2.The victim must provide evidence that he or she is unable to work; 3.
The calculation of lost time pay should be reasonable. It is important to note that if the victim is not hospitalized but is indeed unable to work because of the tort, he or she may also claim compensation for lost time pay, provided that sufficient evidence is provided to prove this. <>
Can <> claim compensation for lost time if I am not hospitalized?
Hello, kiss <>
Yes, <>
According to the Tort Liability Law of the People's Republic of China, if a party suffers losses due to infringement, it has the right to demand compensation from the infringer. This includes a rebate fee for lost work, but it needs to meet the following requirements: 1
The victim must be unable to work because of the violation; 2.The victim must provide evidence that he or she is unable to work; 3.The calculation of lost time pay should be reasonable.
It is important to note that if the victim is not hospitalized but is indeed unable to work because of the tort, he or she may also claim compensation for lost time pay, provided that sufficient evidence is provided to prove this. <>
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In addition to lost work expenses, the victim can also claim compensation for direct economic losses such as medical expenses, nutrition expenses, and transportation expenses, as well as indirect economic losses such as solatium for mental losses. <>
<> generally, when a party suffers losses caused by infringement, it can require the infringer to bear the liability for compensation in accordance with the relevant laws and regulations, but it needs to provide sufficient evidence to prove its losses, and the amount of compensation should be reasonable to delay the amount of damages. Manuscript <>
Kiss, is there anything else you don't understand? You can tell me more about your situation, and I can answer for you<>
I took the insurance, but the other party was not hospitalized, and the doctor recommended that he recuperate at home.
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If you have purchased compulsory traffic insurance and commercial insurance, and the other party is not hospitalized, and the doctor only recommends recuperation at home, then according to the relevant regulations of the insurance company, you can claim compensation from the insurance company for lost work expenses and nutrition expenses. The specific calculation method is as follows: Lost time pay:
Calculated based on the local minimum wage and actual hours worked in your area. Under normal circumstances, the calculation base of lost time pay is based on the victim's monthly income or daily income of socks. Nutrition Fee:
If the victim needs a special diet due to an accident, then you can apply to the insurance company for nutrition bills. Normally, the basis for calculating nutrition costs is based on the local price level and the actual amount of nutrients required. <>
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Kiss, is there anything else you don't understand? You can tell me more about your situation, and I can answer for you<>
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The Central Commission for Discipline Inspection intervened. Even looking forward to the result