Is it necessary for a traffic accident victim to be hospitalized in order to claim compensation for

Updated on society 2024-03-11
4 answers
  1. Anonymous users2024-02-06

    Article 20: 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.

    Article 21: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nursing personnel, 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. 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 on the basis of factors such as his or her age and health condition, but not more than 20 years.

    The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

    Article 24: Nutrition expenses are to be determined on the basis of the victim's disability with reference to the opinions of medical establishments.

  2. Anonymous users2024-02-05

    There is no need to provide hospitalization procedures, but there should be a forensic appraisal to determine the missed period, that is, the ** period.

  3. Anonymous users2024-02-04

    If you need a doctor's note, your medical record card asks the doctor to indicate how long you need to rest. That's fine.

  4. Anonymous users2024-02-03

    If you are injured in a traffic accident, if the injury is severe, you may need to be hospitalized. Hospitalization will definitely delay work, because it is not possible to go to the workplace and environment to carry out direct work, but not being hospitalized does not mean that there will be no delay in work, because the injured part may affect the progress of work. As long as you are delayed or unable to go to work due to injury, then you can ask for it.

    Lost time pay is based on the loss suffered by the injured person due to the actual damage caused by the delay in work, including the actual wages at the time. Bonus benefits and some of the losses that may be caused.

    The calculation formula is: Lost time for employees with fixed income = Lost time Lost time for people without fixed income = Average monthly income for the last three years Lost time for lost time.

    1. Under what circumstances can the traffic police detain the car?

    1. Driving a motor vehicle without a motor vehicle driver's license or the original and auxiliary licenses of a motor vehicle driver's license during the period of detention;

    2. Drunk or drunk driving a motor vehicle;

    3. Driving a motor vehicle with a motor vehicle driver's license that has been lent, misappropriated, altered, forged, fraudulently obtained, or invalidated;

    4. Driving a motor vehicle that does not conform to the type of motor vehicle that is allowed to be driven on the driver's license;

    5. Driving a motor vehicle when suffering from a disease that hinders safe driving or when the mountain is overtired;

    6. Learning to drive without an instructor to guide the driver alone;

    7. Driving a two-wheeled motorcycle without a helmet;

    8. The number plate or driving license of the motor vehicle is altered, forged, fraudulently obtained, misappropriated, lent, or invalidated;

    9. Driving a motor vehicle that has not been inspected or has failed to pass the inspection;

    10. The motor vehicle has no license plate and driving license, and there is no other legal driving certificate;

    11. The number plate of the motor vehicle or the engine or chassis number is inconsistent with the record of the motor vehicle driving license;

    12. Causing traffic accidents or being suspected of causing traffic accidents or other violations and crimes;

    13. It has the same characteristics as the smuggled or stolen motor vehicle being investigated.

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