A 12 year old girl was in a car accident, is there any lost work pay for family care?

A 12-year-old girl was in a car accident and her family took care of her, is there any lost time pay? This must be had, because that still needs to be taken care of by the family, and the family also has a job. If you delay your work, you have to pay if you don't get paid.

There must be care, and there must be lost time pay.

According to the Traffic Management Act, if a girl is injured, there is no liability. Then the family takes care of the child, and the person responsible for the accident should bear all the financial expenses of the injured person, including the loss of work expenses of the caregivers.

In this case, there is no lost time pay. Because the victim was a 12-year-old minor and could not work. However, there is a companion fee. That is, you will be paid to hire this compensation. There are also nutritional costs.

Anyone who is involved in a car accident will have lost time paid for family care, which is stipulated in the traffic law.

This can be paid for lost time, and it can be raised at the time of litigation or negotiation.

If the responsibility lies with the owner, of course, he has to pay for lost work, or he can not pay, of course, he has to take care of someone to accompany the bed.

Generally, this situation is compensated by the responsible person, but often the responsible person will take the insurance, but the insurance company will only bear the medical expenses and vehicle damage, and will not compensate for other expenses, so in the end it is not over, of course, there are also people who go to the court to apply for litigation, as long as they apply for litigation to claim compensation for mental damages, lost work expenses, etc., the court generally supports compensation, but the final litigation period is longer, and it is laborious and laborious.

If the child is in a car accident caused by the other party's responsibility, the other party should pay for lost work.

This is a family reason, regardless of the company's affairs, your daughter does not fall within the scope of the company's protection, you can tell the company that the company will also deal with it at its discretion.

If it is a car accident caused by someone else, the family should take care of it, and there should be compensation for lost work.

Lost time pay shall be borne by the person responsible.

In this case, I thought, well, there should be some lost time pay. You can consult with the other party.

Let's take a look at the system in the company.

In fact, many companies do not have such a humanitarian compensation for lost work expenses, after all, it is not the company's employees who have accidents.

Summary. If a minor is under the age of 16, he or she cannot claim lost time pay. If the minor is under the age of 18 but has reached the age of 16 and has actually participated in the work (e.g. providing proof of employment and pay stubs, etc.), compensation for lost time is provided.

If a minor is under the age of 16, he or she cannot claim lost time pay. If the minor is under the age of 18, but has reached the age of 16, and has actually participated in the work, it will be a sign (such as providing proof of work and pay stubs, etc.), and there will be compensation for missed work.

In accordance with Article 15 of the Labor Law of the People's Republic of China (July 5, 1994), employers are prohibited from employing minors under the age of 16. Arts, sports, and special craft units recruiting minors under the age of 16 must follow the relevant provisions of the state to complete the examination and approval procedures, and protect their right to receive compulsory education.

This means that if you are at least 16 years old and have a work certificate, you can claim lost time pay.

What if you don't have a proof of employment?

No, 16 years old has no lost time pay.

Dear, let the company issue you a work certificate to get compensation.

Summary. Hello, if you have worked before, there is a lost time pay, and if you have not worked before, there is no lost time pay.

Hello, if you have worked before, there is a lost time pay, and if you have not worked before, there is no lost time pay.

Article 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 Article 7 Compensation for lost work is determined on the basis of the victim's lost work time and income status in the spring collection. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. If the victim continues to miss work due to injury and disability, the loss of time 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.

Summary. Pro-<>

We will be happy to answer for you: minors under the age of 16 in traffic accidents are generally not paid for lost time, but if the minor is over 16 years old and actually participates in the work, they can also claim lost time pay.

Is there any lost time pay for a car accident at the age of 16?

My <> is happy to answer for you: minors under the age of 16 in traffic accidents generally do not have lost time pay, but if Chang Xianguo is a minor who has reached the age of 16 and actually participates in the work, he can also ask for lost time pay.

After all, China's legal system allows these repentant minors who have reached the age of 16 to participate in work in society, so the issue of lost work pay for minors cannot be summarized with one click.

Parents are not victims and cannot claim lost time pay. However, since minors are injured and generally need to be taken care of by their families, according to the provisions of the Interpretation, if any of the family members are responsible for the loss of work, they shall be compensated according to the standard of lost work, and if there is no standard for lost work or if a nurse is hired to take care of them, compensation shall be made according to the standard of the caregiver. Therefore, if it is not from the perspective of nursing, there is no compensation for the injury of a minor, but if the reasonable expenses of making up the class are required due to the impact of the injured schoolwork, the tortfeasor also needs to bear the reasonable expenses of the class.

According to the provisions 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, if the tort of personal injury compensation occurs, the following expenses are generally required: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and nutrition expenses. According to the provisions of the Interpretation, if the family members are compensated for the loss of work caused by the care of the family, the compensation shall be made according to the standard of lost work, and if there is no standard for lost work or the nursing staff is hired to take care of it, the compensation shall be made according to the standard of the nursing worker.

Therefore, if it is not considered from the perspective of nursing, there is no loss of work expenses for minors' injuries, but if the reasonable expenses of make-up classes are required due to the impact of the injured schoolwork, the tortfeasor also needs to bear the large amount of slag. Lost time pay refers to the actual loss of income due to the inability to perform normal work during the period (lost time) that the compensation obligor should pay to the compensation right holder. Minors under the age of 18 are persons with no or limited capacity for civil conduct, do not possess the qualifications of labor subjects under the Labor Law, and cannot rely on their own labor to obtain income to support their daily lives, and the living expenses of minors are mainly borne by their guardians.

Legal Analysis: Whether the Parents of Children in Car Accidents Have Lost Work Expenses Bureau: Parents of Children in Car Accidents Do Not Have Lost Work Expenses, but Parents Can Ask the Main Responsible Person for Nursing Expenses.

Legal basis: "Interpretation of the Supreme People's Court on the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.