The party stood on the 1 5 elevated platform, and the brick was not taken and the fracture accident

Meter-overhead work is not high-altitude work, but just an ordinary work-related injury. Not an accident.

It must not be an accident, and the seriousness of the problem should be considered before doing this thing!

The person accidentally fell off a shelf at a height of 1.5 meters, resulting in a fracture. This must be an accident, and if it is a fall on the job, it should be treated as a work-related injury. If it is a help between friends, the friends can also make some financial compensation.

If you fall while working in your own house, you can only consider yourself unlucky.

If a fracture occurs due to an accident during working hours, it should be a work-related injury, and the employer should treat it as a work-related injury.

meters are not strictly considered to be working at height, and this situation is more difficult to define. But in any case, if something happens, both parties should actively cooperate in line with the principle of first treatment, and then follow the nature, responsibility and compensation issues.

If the party stands on the meter elevated frame to take bricks, and the fracture is caused by not standing firmly, it must be an accident, which should be treated as a work-related injury. Although it was caused by his failure to stand firm, the accident itself was caused by work and therefore fell within the scope of work-related injuries.

If the person standing on the meter elevated frame and failing to stand firmly on the brick and falling down resulting in a fracture, if such an accident is caused by a fracture at the place of work and during the working hours, the work unit shall apply to the local social security department for an appraisal application for work-related injury.

On the party's meter elevated, and then taken out did not stand firm resulting in a fracture, the accident was an accident.

If it is in the workplace, this situation is a work-related injury, but it is also an illegal operation.

If it is not an accident if there is a problem with the elevated frame that causes the person to fall down and cause a fracture, it should be an accident.

Considered an accident, all accidents that occur without the person's will are accidents.

Medical expenses, hospitalization expenses, lost work expenses, nutrition expenses, nursing expenses, transportation expenses, etc., these expenses are clearly stipulated by the Supreme People's Court, among which medical expenses and hospitalization expenses are the main ones, and there are not many others.

Compensation for general traffic accidents.

The items include: DU disability compensation, ZHI money, and spirituality.

DAO loss expenses, medical expenses, lost work expenses, nursing expenses, etc. According to the "Judicial Interpretation on Compensation for Personal Injury", if the 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, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the police department, which is the beginning of all liability basis.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

Where a traffic accident causes the victim to suffer a fracture or other personal injury, the victim may demand that the person who caused the injury bear liability for compensation for the personal injury. The compensation items for disability include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.

Generally, after the disability appraisal is carried out after the end of the **, compensation will be made according to factors such as disability level and income. The amount of compensation for fractures can only be determined according to the level of disability identification.

Article 25 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: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.

Disability compensation = per capita disposable income of urban residents (rural residents) in the previous year at the location of the court where the lawsuit is filed, years of compensation, and disability coefficient.

1. Level of compensation - the level of personal injury and disability of the victim.

2. Compensation period - the calculation method of the applicable compensation period is different for those under 60 years old, 60 to 75 years old, and 75 years old and over 75 years old.

In fact, it is necessary to distinguish different situations that cause fractures, because some fractures are not serious, and they are not even rated as disabled, so the compensation made at this time will naturally not be too much. However, if the fracture is serious and has been identified as a disability, the law has a higher standard of compensation for traffic accident fractures.

Compensation will be paid according to the following different levels:

First, the compensation obligor shall compensate for the compensation for ordinary injuries, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Second, 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 working ability, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.

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

Fourth, a claim for moral damages. Solatium for moral damage is the discretion of the judge, and the judge believes that an appropriate amount is an appropriate amount, and there are three criteria: the first criterion is to be able to give comfort to the victim for the moral damage; the second criterion is to be able to impose sanctions on the perpetrator's illegal acts; The third criterion can serve as a warning or education to the general public.

The amount of moral damages is determined on the basis of three points, and this amount is the appropriate amount.

Fifth, education expenses should also be included in the scope of compensation for traffic accident damages. Before the death of the deceased or before the disability and loss of the ability to work, a considerable proportion of the people who actually supported him and had no other livelihood** were school students or children who had not yet enrolled in school, and if the education expenses were not included in the scope of compensation, these children and students would only be able to maintain the local minimum standard of living and would not be able to enroll or continue their education at all. Article 46 of our Constitution stipulates:

This right and obligation should not be affected by the occurrence of a traffic accident. Therefore, education expenses should be included in the scope of compensation. The specific amount of compensation should be based on the actual local situation, with the completion of nine-year compulsory education as the minimum.

Sixth, the cost of repair and compensation for discount shall be calculated according to the actual value or the assessment conclusion of the appraisal agency.

It depends on the location of the injury and how much it affects the movement of the limbs.

It is best to take a copy of the fracture first.

Dealt with. If you deal with it according to the law, it depends on how your fracture was formed, and it was caused by someone else pushing you and falling? Or did you get broken in a fight with someone? Or were you injured in a traffic accident and broke a bone?

Or did you slip and fall while walking on your own and broke a bone? If you don't describe these important legal points, others won't be able to help you analyze the legal issues.

Fell off while working and broke his arm.

When it comes to compensation, you can find the party responsible for negotiation, and if the compensation negotiation fails, then you can resolve it through litigation. According to your description of the injuries of your family members, it is recommended that you go to an institution with judicial appraisal qualifications for disability evaluation, and if the disability level is constituted, you can sue according to the statutory standards, and you can often obtain higher compensation.

If the traffic accident occurs between a motor vehicle and a pedestrian, and the motor vehicle has purchased third-party compulsory liability insurance (compulsory traffic insurance) and commercial insurance, and the traffic management department determines that the motor vehicle is fully responsible, if it is resolved through litigation, in accordance with Article 76 of the Traffic Safety Law and Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents, if the two insurances are purchased at the same time, there are sequential requirements for compensation in the event of an accident. If the parties sue the infringer and the insurance company at the same time, the insurance company that underwrites the compulsory liability insurance shall first compensate within the limit of liability; The shortfall shall be compensated by the insurance company of commercial insurance within the sum insured; If it is still insufficient, and the pedestrian is not responsible, the motor vehicle party shall bear all the liability for compensation. Traffic Accident Compensation Standards 2016

For compensation items, the statutory compensation items include medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, disability compensation, living expenses of dependents, mental injury solace, etc., and the standard compensation in rural areas and urban standards is also different.

This traffic police will give you a sentence because it will be paid according to the negotiation between you

One is to look at the division of responsibility for the accident, both parties are responsible for the turning car, if you turn and he goes straight, the turning car is responsible. In addition, if it is only a fracture, it does not constitute criminal liability, and the criminal liability of a traffic accident is only investigated if it causes the death of one person and bears the main responsibility.

Medical expenses, lost work expenses, disability subsidies and mental loss expenses after the disability is determined, and the insurance company and the car owner compensate.

A fracture is a complete or partial rupture of the continuity of a bone structure. According to the relevant standards of the "Classification of Disability Caused by Human Injury", a fracture may constitute a grade 8 disability, or it may constitute a grade 9, 10 or even no disability.

2.The compensation standard for traffic accident fractures is generally based on factors such as disability level and income after the disability appraisal is carried out after the end of the **.

The compensation items for traffic accident fractures are:

The items of compensation include: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, living allowances for the disabled, disability equipment expenses, transportation expenses, accommodation expenses, and direct property losses.

The compensation standard for traffic accident fractures shall be calculated in accordance with the following provisions:

1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by vouchers. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.

2) Compensation for lost work: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.

3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.

4) Nursing expenses: During the period of hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.

5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of the place where the traffic accident occurred. Compensation for 20 years from the month of disability.

However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over the age of 70 are counted as five years.

6) Expenses for disability appliances: If it is necessary to prepare compensatory appliances due to disability, the cost of universal appliances shall be calculated according to the hospital certificate.

7) Transportation expenses: calculated according to the actual necessary expenses of the parties, and paid with vouchers.

8) Accommodation expenses: calculated according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred, and paid with vouchers.

Regarding the reluctance of the injured party to come forward, a traffic accident lawsuit needs to be filed within one year of the accident, and if it is not filed, the statute of limitations has expired, and you can have them sue.

4.Guohui Law Firm inquires free of charge about the professional traffic accident compensation legal network.