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The requirements for the proof of compensation for victims of rural hukou in accordance with urban standards are not harsh. If there is a neighborhood committee to prove that you have lived for more than one year, of course, it is better to have a temporary residence permit, if not, you must ask the local public security to issue a certificate, and the court will not question the validity. Income certificates, such as salary passbooks, labor contracts, social guarantees, tax payment certificates, and individual business certificates, of course, do not say.
If not, a certificate from the employer is acceptable.
The injured party shall endeavor to submit to the court the temporary residence permit within the validity period, the written certificate issued by the police station of the public security organ at the place of residence, the written certificate issued by the neighborhood committee of the place of residence, the housing lease contract, the certificate that the house has been purchased in the town and the certificate that has actually lived in it for more than one year, the business license, the certificate of studying in the town, the labor contract, the proof of wage collection, the certificate of payment of social insurance premiums, the certificate of tax payment and other supporting materials, so as to prove that the party habitually resides in the town. Disability compensation or death compensation is calculated according to the urban standard, and it is a matter of course that compensation should be paid according to the compensation standard of Guangxi (calculated by urban household registration): funeral expenses are yuan, death compensation is 341,280, and mother's alimony is (rural) 3455 * 15 = 51825. The son is 3455 * 3 = 10365, the above does not include medical expenses, mental damages, etc., because it is a traffic accident that occurred on the way to work, it should be a work-related injury, this case constitutes a traffic accident, and it is a work-related accident, after the traffic accident is paid, the part that is not repeated with the work-related injury treatment, you can also claim work-related injury compensation.
I have been involved in several similar cases.
For traffic accidents, first of all, the problem of accident division. The responsibility for the accident shall be comprehensively determined by the traffic police according to the fault of both parties and the proportion of causal force.
The division of accident liability plays a very important role in accident compensation, which requires certain legal strategies and skills.
It is recommended that a lawyer provide you with legal help, know the situation of the case in real time, and take precautions and take the initiative.
Secondly, the compensation project. For civil compensation for traffic accidents, it is possible to claim compensation for medical expenses, lost work expenses, nursing expenses, nutrition expenses, food subsidies, transportation expenses, accommodation expenses, follow-up expenses, disability assistive device expenses, mental injury solace funds, disability compensation, child support, etc. At the same time, it is also necessary to distinguish between the issue of household registration, and the compensation standards for urban household registration (including those who have worked and lived in urban areas for more than one year) and rural household registration are also very different.
Finally, sue the other party and their insurance company, if the other party has an insurance company.
For work-related accidents, it is necessary to declare the identification and appraisal of work-related injuries. The compensation items include: medical expenses, transportation and accommodation expenses, hospital meal expenses, disability assistive device expenses, wages during the period of suspension of work, living care expenses, one-time disability allowance, one-time medical subsidy, one-time employment subsidy, etc.
For work-related accidents, the unit shall bear full liability for compensation.
How to collect evidence and operate, it is recommended to go to the law firm and have a lawyer provide you with legal help.
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1.If there is a certificate related to the enterprise, of course, the amount of compensation can be calculated according to the standard of urban residents. Labor contracts, temporary residence permits, work permits, community certificates, rental contracts, etc. are all acceptable.
2.There are compensation items.
Death compensation = disposable income of urban residents in the province x 20 years.
Funeral expenses = monthly salary of on-the-job employees in the province x 6
Living expenses of dependents = children are calculated until they reach the age of 18 and 70 years old, and the annual standard is the consumption expenditure of urban residents in the province (the elderly should look at where they live, if it is rural life, then refer to rural consumption expenditure).
Spiritual solace = 5-8w. Transportation expenses, accommodation expenses, and other items.
3.On the way to and from work, it can be recognized as a work-related injury, and the work-related death can be declared. However, if it is duplicated with the traffic accident compensation program, it cannot be claimed.
2009 Guangxi Traffic Accident Personal Injury Compensation Standards.
The per capita net income of rural residents was yuan.
The per capita disposable income of urban residents is yuan.
The per capita living consumption expenditure of peasants is yuan.
Per capita consumption expenditure of urban residents.
The average monthly salary of employees is 2,138 yuan.
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