Can compensation for lost time in a traffic accident be duplicated with work related injury allowanc

1. Compensation can be claimed repeatedly. Work-related injury allowance is a statutory social insurance and does not fall under the scope of compensation; Lost time is a personal injury compensation that does not correspond to the same amount of money as the workers' compensation benefit.

2. Only when the social security and transportation compensation items completely coincide with the same amount of money, can they not be asked at the same time. For example, you can't have two medical bills or two funeral expenses at the same time.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases only stipulates that the victim may request a third party or unit to bear the liability for compensation, but does not clearly stipulate whether double compensation can be obtained. This means that double compensation is not available.

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

Article 3. If a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed that it shall be handled in accordance with the provisions of the Regulations on Work-related Injury Insurance.

Guiding Opinions of the Zhejiang Provincial High People's Court on Civil Trial of Labor Disputes

Article 37.

If a worker suffers a work-related injury due to the tortious act of another person, he or she shall generally first claim civil tort compensation from the infringer; If the employer or social insurance institution can make up the compensation for the total amount of work-related injury benefits, the employer or social insurance institution may request the employer or social insurance institution to make up the work-related injury benefits within the total amount of work-related injury benefits. If the worker is unable to claim compensation from the infringer due to the tortfeasor's escape or other reasons, he may request the employer or social insurance institution to pay the wages and benefits, disability allowance, medical expenses for the work-related injury, funeral allowance, pension for dependent relatives and other work-related injury insurance benefits in accordance with the law; If the plaintiff actually obtains civil tort compensation after claiming compensation from the infringer, it may be settled within the scope of work-related injury insurance benefits by making up the difference in the total amount; If the employer or social insurance institution is still unable to obtain compensation for civil infringement after claiming compensation against the infringer, the employer or social insurance institution shall pay work-related injury insurance benefits in accordance with the law. After the employer or social insurance institution pays the relevant expenses, it may recover compensation from the tortfeasor, and the people's court may, depending on the circumstances, add the returned worker as a party.

If, after the employer or social insurance institution has already paid all or part of the work-related injury insurance benefits to the employee, the worker files a civil tort lawsuit against the infringer, the people's court shall add the employer or social insurance institution as a party to enable the employee to exercise all or part of the right to recover compensation against the infringer in accordance with the law.

1. What are the materials to prove the lost time pay?

1. The content of the evidence of income status may include:

1) specific income level data;

2) If you have no fixed income, you can provide proof of income status for a period of time (the first three years);

3) If you have no regular income, you can also provide proof of the industry you are engaged in.

2. The evidence of lost time includes:

1) Under normal circumstances, according to the doctor's order of the medical institution. That is, the medical institution should issue a doctor's order to recommend rest time, time for nutrition and nursing;

2) The work unit can issue a certificate of the injured person's lost time;

3) You can apply to a judicial appraisal agency to appraise the length of the lost work period, and determine the lost time based on the appraisal documents.

Legal analysis: Traffic accidents can be compensated twice, but they need to meet the situation that they are injured by traffic accidents or urban rail transit, passenger ferries, and train accidents that are not their primary responsibility on the way to and from work. Traffic accident compensation can generally be obtained for medical expenses, food expenses, lost work expenses and other expenses.

The standard for determination is that the maximum amount of compensation for lost time is the level stipulated by the work-related injury insurance, so double compensation generally only exists, and when the compensation of the compensator in a traffic accident does not reach the standard level, then the employer will make supplementary compensation.

1. The compensation involved in work-related injuries is as follows:

1. Medical expenses: fully reimbursed by work-related injury insurance**;

2. Nursing expenses during hospitalization: from the first period to the time before the disability assessment, the unit shall pay by the user of the manuscript, and the first shall be paid after the disability assessment;

3. Transportation and accommodation expenses: reimbursement according to the standard of business trips of the unit;

2. Living care expenses;

1. Completely unable to take care of themselves; 50% of the city's average monthly social wage in the previous year is paid every month;

2. Most of them can't take care of themselves; 40% of the city's average monthly social cover fund in the previous year will be paid every month;

3. Some of them are unable to take care of themselves; 30% of the city's average monthly social wage in the previous year shall be paid every month;

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Where laws and administrative regulations provide that it shall be recognized as a work-related injury, the situation of the work.