Ask for the amount of compensation Please help, urgent!!

Paragraph 1 of Article 302 of the Contract Law stipulates that: "The carrier shall be liable for damages for the death of the passenger during transportation, unless it is caused by the passenger's own health or the carrier proves that it was caused by the passenger's intention or gross negligence." "At the same time, paragraph 2 provides:

The provisions of the preceding paragraph shall apply to passengers without tickets who are exempt from tickets, hold preferential tickets, or are permitted to board by the carrier in accordance with the regulations. "What is practiced here is a strict contractual liability, that is, no-fault liability, that is, the carrier is liable for civil damages even if it can prove that it is not at fault.

I think you can claim the following expenses: nutrition expenses, transportation expenses, hospital meal allowances, nursing expenses, and spiritual solace for close relatives. If you handle it yourself, I suggest you don't ask for lost time pay.

I can't calculate the exact amount for you now, but it will have to be calculated based on your family's situation and the statistics of the previous year released in March.

I also recommend that you mediate with the car owner, which saves time and effort, and can be done in one step, but this kind of negotiation requires skill.

Hello! According to Item 6 of Article 14 of the Regulations on Work-related Injury Insurance, a person who is injured in a motor vehicle accident while commuting to or from work shall be deemed to have suffered a work-related injury.

Such work-related injuries shall first be dealt with in accordance with the Measures for the Handling of Road Traffic Accidents and relevant regulations, and then shall be dealt with in accordance with the principle of non-duplication and the relevant provisions of the Regulations on Work-related Injury Insurance.

If the enterprise has paid work-related injury insurance for its employees, their immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance**.

If the enterprise fails to pay work-related injury insurance for its employees, the above-mentioned expenses shall be borne by the enterprise.

The statement on the first floor is incorrect, according to the "Regulations on Work-related Injury Insurance", work-related injuries should refer to situations where you are injured in an accident or suffer from an occupational disease as a result of your work. Brain tumour is not an occupational disease, so it is not a work-related injury. This has been adopted in many cases of local courts.

I deeply sympathize with Ling Zun's situation, but to be honest, you can't claim compensation from the school, that's the cruel truth. Because you can't prove that the brain tumor was caused by your father's work at school. You can say that overwork leads to illness, but the court looks at scientific medical evaluations.

Anyone can get sick, and most of the people who get sick are conscientious in their own jobs. But many people just look down on when they get sick, why? Can't they say that they are sick from hard work?

Can't they claim compensation from their employer? The reality is that it is not, there is no legal basis for such a claim.

Now for your father, you have no other way to get outside funds** to support your father's treatment other than his health insurance. Of course, if you have a local subsidy for people with difficult and serious illnesses, then it is best, you can apply, in some places the civil affairs bureau will give a one-time subsidy of tens of thousands of yuan, whether you can consult the civil affairs bureau in your local area. Also, you mentioned that the school wrote you an IOU of 10,000 yuan, which can be claimed from the school.

If the school refuses to give it, you can file a lawsuit with the court.

I wish your father a speedy recovery!

This can be recognized as a work-related injury, so go to the labor bureau.

To claim compensation from the school, you must first prove that your father's illness was caused by injuries at the school or related to the school's work. Otherwise, the school will not be liable for compensation.

References:

Depending on the victim's injuries, there will be different outcomes:

1. Whoever intentionally injures the body of another person on the basis of article 234 of the Criminal Law is to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

2. There are two situations in which intentional injury causes minor injury: First, the public security organ files a case for investigation, and after the evidence is complete, it is reported to the people's procuratorate for prosecution, and finally tried by the court. Once the public security organs file a case for investigation and enter into litigation procedures, it means that the intervention of the state's public power means that the state will pursue criminal responsibility for illegal and criminal acts.

Public prosecution cases cannot be private. Second, China's Criminal Procedure Law stipulates that minor criminal cases with evidence are private prosecution cases, and private prosecution cases are mainly to encourage reconciliation, and as long as the plaintiff voluntarily withdraws the lawsuit, the defendant does not have to bear legal responsibility.

III. In cases of minor injuries that are forensically evaluated as minor injuries, the public security organs may also impose administrative detention or fines on the beaters in accordance with the "Public Security Administration Punishment Law" through mediation between the two parties, compensation for medical expenses, and so forth. If compensation cannot be agreed, a civil action can be filed in the local court for compensation for the damage caused by the injury.

IV. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Adopted at the 1299th meeting of the Adjudication Committee of the Supreme People's Court on December 4, 2003).

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, 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.