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Medical expenses should be deducted from outpatient bills at the time of **, and non-medical insurance drugs should be deducted.
Lost time pay = number of days off * lost time standard.
The number of days off depends on the diagnosis certificate issued by the hospital, and the number of days off is determined according to the assessment of lost work loss. The standard for lost work is determined according to the actual income of the injured person, and if the monthly income reaches the tax payment, a tax payment certificate is required. If it cannot be proven, the rural household registration shall be calculated according to the rural income standard, and the urban household registration shall be calculated according to the urban income standard.
The standards are different in each region. If you know someone from your local insurance company, you can consult the insurance company's adjustment and medical review.
The transportation fee is subject to the actual transportation ticket to and from the hospital. The standard of transportation expenses also depends on the local personal injury compensation standard. Zhejiang 20 or so a day.
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Compensation is to be made in accordance with the Supreme People's Court's Guiding Opinions on Several Issues Concerning Compensation for Personal Injuries.
Among them: medical expenses: with invoices, medical records, diagnosis certificates and other materials, the expenses caused by the accident will be approved according to the scope of the medical insurance in the place of insurance.
Lost time pay: According to the assessment criteria for lost time due to personal injuries in the medical certificate and diagnosis and treatment guidelines, the lost time shall be assessed according to the corresponding injury; The actual reduction in income of the injured person shall be the standard, and if no proof of the actual reduction can be provided, the average salary of employees in the same industry in the state-owned enterprise shall be used as the standard in the previous year. Here is a reminder that the materials provided by the injured are conducive to the resolution of the accident.
Transportation expenses: refers to the actual expenses incurred by the injured person in seeking medical treatment, which shall be paid with reference to the general business trip standard stipulated by the financial department. Generally speaking, it should correspond to the date and place of the medical invoice.
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The compensation for lost time is determined according to the working hours and income of the parties, and is generally the actual income paid by the compensation obligor to the compensation right holder during the period from the injury to the complete **, which is reduced due to the inability to engage in normal work, which is generally determined according to the diagnosis and treatment certificate issued by the medical institution.
The lost time needs to be determined by the relevant certificate issued by the ** medical institution. If the employee 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. Lost time pay is determined based on the victim's lost time and income.
If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income; If they have no regular income, they will be calculated on the basis of their average income in the last three years.
Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed or where the accident occurred. The formula for calculating the compensation amount of lost time pay can be expressed as: compensation amount of lost time pay = lost time earned time.
Extended Information: What you need to provide:
1. The employee certificate provided by the victim's unit.
2. Proof of wages provided by the victim's employer, if the victim is no longer working in the unit, the amount of the victim's salary income in the three months prior to the accident can also be provided.
3. The certificate issued by the hospital mainly refers to how long it takes to recuperate, and it is impossible to work during the period. It should be noted here that the first two supporting materials need to be stamped by the unit, otherwise the claim for lost time pay will not be possible.
How to compensate for lost time expenses in car insurance insurance?
If the party is slightly injured and does not need to be hospitalized, or the unit pays wages normally during hospitalization, the lost work pay shall not be paid, and the lost work pay shall be provided, and the actual reduction in income during the injury and illness shall be provided, and if the income is not reduced, the lost work pay cannot be paid.
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The loss of time pay for PICC car insurance requires the employer to issue a certificate of income.
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When making a claim for lost time expenses for car insurance claims, the determination and calculation of lost time pay are not arbitrary, which is extremely strict for insurance companies, so when the victim needs to make a claim for lost time pay, he or she still needs to provide corresponding material proof.
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Lost time pay standard:
Premise: Female ≥ 18 ≤ 55 Male ≥ 18 ≤ 60 (audit age).
1) Materials provided by the injured who have work:
a, need to provide three months before and after the accident, the financial department issued a salary table, and stamped with the financial seal, the general salary includes basic salary, job allowance, taxes, etc., stamped with the company's official seal is not allowed in principle, need to report.
b. The salary deducted when not going to work during the hospitalization must be provided, and the basic salary must be excluded when calculating the missed work.
2) The injured who do not have work are divided into urban and rural hukou.
The general rural standard is: Yuan Tian, and the estimate is made according to this number.
3) The basic number of days with fractures is calculated as 90 days, and if there is a fixed object, the cap is calculated as 110 days.
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Legal analysis: Determined based on the victim's lost time and income status. 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, the time of missing work may be calculated up to the day before the date of the fixed disability. If the victim has a regular income, the loss of work is calculated on the basis of the actual reduced income.
Legal basis: Article 65 of the Insurance Law of the People's Republic of China The insurer may, in accordance with the provisions of the law or the contract, directly compensate the third party for the damage caused to the third party by the insured of the liability insurance. If the insured of the liability insurance causes damage to a third party, and the insured suspects that the liability for compensation to the third party is determined, the insurer shall, at the request of the insured, directly compensate the third party for the insurance money.
If the insured fails to make a request, the third party has the right to directly claim compensation from the insurer for the part of the compensation to be paid. If the insured of the liability insurance causes damage to a third party, and the insured fails to compensate the third party, the insurer shall not compensate the insured for the insurance money.
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Legal analysis: PICC's car insurance claim for lost time is determined according to the severity and condition of the accident, you can consult the staff of PICC.
Legal basis: Article 1179 of the Civil Code of the People's Republic of China includes the following items: medical treatment expenses, lost work expenses, maintenance measures, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses for dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the victim's relatives in handling funeral matters, accommodation expenses, loss of work and other reasonable expenses, and solatium for mental damages.
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Legal analysis: Do you need to compensate the other party for lost work expenses for minor traffic accidentsIf there is a loss of lost work, it is necessary to compensate for lost work expenses.
Legal basis: Criminal Law of the People's Republic of China Article 234 Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 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.
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