Review of proof of wages for insurance claims

The month of the accident is not counted, the salary details of the first three months are stamped with the financial seal, and the personal income tax certificate must be provided for personal salary exceeding 2000.

1. Proof of salary income for three consecutive months.

2. Individual income tax certificate.

According to the payslip provided.

The contents of the accident insurance claim payment certificate are as follows:

1. In the case of traffic accidents, the actual employer shall issue a certificate of income, as well as corresponding wage payment vouchers such as salary slips, bank transfer statements, and work certificates such as labor contracts and social security certificates. The salary certificate reflects the employee's basic situation, position or work content, salary, working time limit, etc.;

2. If the party has a fixed income, the unit shall issue a certificate of reduced income due to traffic accidents. Its income includes: wages, bonuses and subsidies and allowances stipulated by the state.

The bonus is calculated based on the per capita bonus of the unit in the previous year at the time of the traffic accident. If the bonus tax collection point is exceeded, the starting point shall be limited. The income of those employed in agriculture, forestry, animal husbandry and fishery who have a fixed income in the agricultural population shall be calculated according to the per capita annual net income of the labor force in the place where the traffic accident occurred;

3. In a traffic accident, if the victim claims compensation from the insurance company and the perpetrator, he needs to issue the corresponding certificate of lost work, mainly including: the company's business license, bank statement, lost work certificate, tax payment certificate, lost work time certificate, etc. If the victim cannot provide the above evidence, his claim for lost time pay may not be supported.

In this case, the insurance company generally settles the claim in accordance with the industry standard.

Legal basisArticle 7 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.

Lost time pay is determined based on 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 8: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nurses, and the duration of 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.

Legal basis: The Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable.

Legal basis: The Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.

Legal basis: The Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable.

Legal analysis: The work certificate is a document issued by the Fansheng unit to prove the employee's work experience in the unit. The basic information of the employee's name, gender, age, and ID number shall be written in the work certificate, and the employee's years of work in the unit, professional and technical qualifications obtained, etc., shall be truthfully recorded.

Finally, the employer shall affix the official seal.

Legal basis: Social Insurance Law of the People's Republic of China

Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic endowment insurance pool. Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

Article 6 The employer shall declare and pay the social insurance premiums in full and on time, and shall not defer or reduce the payment except for force majeure and other statutory reasons. The social insurance premiums to be paid by the employee shall be withheld and paid by the employer, and the employer shall inform the employee of the details of the social insurance premiums paid on a monthly basis. Individually-owned businesses without employees, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons may directly pay social insurance premiums to the social insurance premium collection agency.