How to compensate for my sister s accidental fracture at school

Hello: Your sister accidentally broke a bone at school. This falls under the scope of insurance liability.

In the student safety insurance purchased by your sister, it is a liability for compensation. Generally, the insurance company will compensate 80% within the scope of reimbursement of medical expensesThe rest is the responsibility of the school or the student himself/herself.

As for how much the school can afford. You can negotiate with the school. Agreed.

Achieve a satisfactory solution.

What you have to pay attention to in the process is: without affecting the effect. Try to use medicines or appliances that meet the requirements of publicly-funded medical treatment.

This will greatly reduce your own personal burden. Reduce your spending. Because insurance companies are the same as labor and social security departments.

Medical expenses that are self-paid are also not reimbursed.

As for what you said about asking the insurance company to pay the medical bills first. In the current situation is unlikely. After the end of the **, go to the insurance company to make a claim.

But you can negotiate with the school. Let the school pay the medical expenses in advance or part of the medical expenses. Let your sister get ** in time.

Finally, I wish your sister a speedy **. Get back to campus early. Finish her studies. Make more progress.

1, such as how much the insurance company will compensate, how much the school will compensate, and how much you have to pay).

Answer: How much the insurance company will pay depends on the insurance liability of the insurance purchased by the school, that is, what is covered by that protection? If it is within the insurance liability, it can generally be reimbursed 60%-80%, because it is a group insurance, the premium is relatively low, and there will be free odds, so it is impossible to have much protection!

The school does not take this responsibility! In addition to what the insurance company can report, the rest is paid by yourself!

2. What should I pay attention to in hospitalization or **?

Answer: It's better to use the best medicine and get your sister ** as soon as possible! You can't say that insurance can be used if it can be reported, and if you don't report it, you won't use it! Therefore, it is very important to purchase an additional commercial accident insurance for yourself, especially for students, as small injuries and pains often occur!

3. If you are insured, do you have to pay the medical expenses first, and then find the insurance company or the school to make a claim?

A: This is how medical insurance is generally claimed! Of course, some of them are paid in advance, but the school should not be like that!

4. The school has now sent him to the hospital, but the school has to pay the medical expenses first before reporting, is this legal?

A: Perfectly legal, if humanity is not taken into account!

Generally speaking, insurance companies 80%, schools 10%, and own 10%.

When using drugs, you need to use drugs that can be reimbursed by publicly-funded medical treatment, as well as prostheses and devices are not covered by the insurance company!

It's very simple, just find the policy, find the insurance company**, find the salesperson or customer service line and ask.

Notify the insurance company first.

You have to have that insurance policy.

Pay for it yourself.

Wait until later to reimburse the insurance company.

Keep the hospital's invoice.

It's all written on the insurance policy.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.

If the school fails to fulfill its educational and management duties, the student's parents may negotiate with the school for compensation, and if the school refuses to compensate, the student's parents may file a lawsuit with the court to demand compensation from the school.

The specific compensation items include medical expenses, transportation expenses, hospital meal subsidies, nursing expenses, transportation expenses, and nutrition expenses; If the disability is caused, it is also necessary to compensate the victim for disability compensation, disability equipment and auxiliary expenses, and ** reasonable expenses for expenses.

Article 1199 of the Civil Code of the People's Republic of China: Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1200 of the Civil Code of the People's Republic of China: Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.

Article 1201 of the Civil Code of the People's Republic of China Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

Legal analysis: 1. The formula for calculating medical expenses: medical expenses compensation = diagnosis and treatment amount, drug amount, hospitalization service fee amount, follow-up medical expenses.

2. The calculation formula of transportation accommodation expenses: the amount of transportation accommodation expenses = transportation expenses and accommodation expenses Food expenses = the standard of transportation expenses for employees of the unit x the number of round-trips x the number of people The standard of accommodation expenses for employees of the unit x the number of days x the number of people The standard of food expenses for employees on business trips x the number of days x the number of people.

3. The formula for calculating the compensation amount of hospital meal expenses: the compensation amount of food subsidy for hospitalization = the standard of food subsidy for business trips (yuan, person, day) x 70% x number of people x number of days.

4. The formula for calculating the cost of assistive devices: the amount of compensation for the cost of assistive devices = the reasonable cost of the commonly applicable appliances x the number of appliances.

5. The formula for calculating the period of suspension of work with pay.

Legal basis: Article 7 of the "Judicial Interpretation on Compensation for Personal Injury" Article 7: Where schools, kindergartens, or other educational establishments that have obligations to educate, manage, or protect minors in accordance with law, fail to perform relevant obligations within the scope of their duties, causing minors to suffer personal injury, or minors causing personal injury to others, they shall bear liability for compensation corresponding to their fault.

Where a third party's infringement causes minors to suffer personal harm, they shall bear responsibility for compensation. Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

The general reimbursement expenses range from 3,000 to 6,000, and there are different reimbursement ratios, which are generally divided into five levels: 100 yuan to 1,000 yuan, 1,000 yuan to 5,000 yuan, 5,000 yuan to 10,000 yuan, 10,000 yuan to 30,000 yuan, and more than 30,000 yuan; The rates of reimbursement are % % respectively; It stands to reason that the more medical expenses, the more reimbursement will be, but in fact, there are many other provisions for the reimbursement of student insurance. For example, the hospital where the insured seeks medical treatment must be a designated hospital within the scope of the insurance company, and the drugs used in the treatment need to be within the scope of the insurance regulations, because the insurance company will not pay for self-financed drugs, and the doctor will generally inform you whether the drugs used are self-paid drugs when you seek medical treatment in the hospital.

Legal basis: Insurance Law of the People's Republic of China

Article 6 Insurance business shall be operated by insurance companies established in accordance with this Law and other insurance organizations as prescribed by laws and administrative regulations, and other units and individuals shall not engage in insurance business.

Article 7 Where legal persons and other organizations within the territory of the People's Republic of China need to apply for domestic insurance, they shall apply for insurance from insurance companies within the territory of the People's Republic of China.

Article 8 The insurance industry, the banking, the first industry, and the trust industry shall be operated and managed separately, and the insurance company shall be established separately from the banking, the first and the trust business institutions. Except as otherwise provided by the state.

Summary. Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I am a cooperative lawyer, I have received your question, I need a little time to answer, wait a minute.

How old the child.

Dear, the first lead is the amount determined by the law, it depends on the actual cost and situation, I will send you how to calculate, and then you will calculate it according to your own reputation.

The specific compensation items and calculation formulas: 1. The disability compensation lawsuit refers to the per capita income of residents in the previous year at the location of the filial piety court, the disability coefficient and the number of years of compensation, 2, the per capita income of the previous year at the location of the court where the death compensation lawsuit is located, 20 years 3, and the average monthly wage of the dust workers in the previous year at the location of the funeral expenses litigation court is 6 months.

4. The per capita annual consumption expenditure of the dependent's living expenses at the place where the court is located The number of years of dependency 5. The general staff of the state organ in the place where the hospital meal subsidy group is out of charge (yuan days) The number of days of hospitalization.

6. Medical expenses compensation, treatment expenses + medical expenses + hospitalization expenses + other 7, loss of work expenses, and income from lost work (days, months, years) Lost work time: 8. Nursing care is a reasonable standard for the same level of nursing labor remuneration for local nurses, nursing days 9, the cost of disability assistive devices, and the reasonable expenses of general penetrating limb equipment.

10. Reasonable expenses incurred in transportation expenses11, accommodation expenses, accommodation standards for general work and round yards for personnel on business trips, accommodation time, 12, nutrition rent, and disability are determined with reference to the opinions of medical institutions13, direct property loss expenses, direct loss of property damaged (appraisal) 14, and the court of mental damage is based on the actual situation (in principle, the disability is based on the disability).

Legal analysis: If a person without civil capacity suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that it has fulfilled its educational and management duties, it shall not be liable.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: The victim suffers personal injury, and the expenses incurred due to medical treatment** and the income from rent is reduced due to lost work; Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and those who are missing the compensation obligation shall be compensated.

Because the student himself slipped and injured himself at school, the school was not responsible. At most, the school will pay for medical expenses, and other expenses are not possible. And even if the school pays for medical care, it is out of sympathy.