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How to compensate depends on what caused the traffic accident, if it is caused by the unit, the unit will pay for lost time, but if it is caused by personal reasons, the accident party is responsible.
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If an individual has an accident during work, of course, it is a work-related accident, and the factory has to bear the individual's medical expenses and corresponding welfare benefits, and if there is a problem, go to the local labor inspection.
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Lost time pay for traffic accidents shall be paid by the party responsible for the accident.
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In the same factory, two people have a traffic accident, lost work expenses, and the factory can't get out depends on when your accident occurred? Where and why? Should it be handled with common sense? It's not up to one person to have the final say.
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If you have a traffic accident outside the factory, you will pay for lost work.
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Two people are in a traffic accident, if it is due to work. Then the factory should be responsible.
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If there is a traffic accident, whether it is a lost time pay is mainly to see whether it is injured in the line of duty.
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Who will pay for lost time? It is still necessary to see whose reason it is, and it cannot be simply awarded to the field.
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Of course, the lost time pay is out of the factory.
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In the event of a traffic accident, the compensation for lost time is the compensation in the traffic accident. It's not out of the factory.
In general, the entire responsibility for the accident is the one.
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Two people in the same factory have a traffic accident, and the compensation for lost time is paid by the individual who is compensated.
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Two people in a factory have a traffic accident, and the factory still needs to bear part of the lost work expenses.
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The insurance company pays, but there are restrictions, as follows:
1. As long as the subject car bears a certain amount of responsibility in the traffic accident, the insurance company should bear the full liability for the compensation for lost work expenses within the limit of 110,000 yuan in the compulsory traffic insurance;
2. The hospital is required to issue a diagnosis certificate, indicating the number of days of leave after discharge, and the injured person's unit shall issue a certificate of income, deduction certificate and tax payment certificate for the three months before the accident, and the insurance company shall be responsible for compensating for the loss of income caused by the vacation, and if the unit does not deduct wages, it shall not compensate for lost work expenses;
3. Judicial Interpretation Article 20 Compensation for lost time is determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time for missing work may be calculated to the day before the date of disability;
4. If there is a fixed income, the compensation for lost work shall be calculated according to 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.
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The question is that my house is a wrought iron processing store, and then my door was hit by someone else's car, and it takes a few days for the door to be repaired, and we can't work until the door is repaired, should the insurance company compensate for the lost work expenses in these days.
Answer: You can apply for compensation from the insurance company, because you have been unable to work normally for some reason, such as a car accident, then it will cause property damage, then these property losses can be paid by the insurance company, provided that you are a victim.
Question: The insurance company said that there was no personal injury, they would not pay for lost time pay, and the answer was that it did not involve personal injury, and the insurance company did not pay for lost work, and it was not a lost time pay, and you could negotiate with the person who hit your door.
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If the accident insurance is an all-risk insurance, the insurance company should pay for it.
Usually the lost time pay includes the salary part, and the fully responsible party is responsible for compensation. If either party does not compensate for lost time (including) wages, it may sue for bus transportation liability, the wholly responsible party for accidental injury, and the compensation for workers' injuries of the personnel company.
The traffic accident lost time pay is calculated according to the leave certificate issued by the hospital and the lost work certificate issued by the employer, and then the total income loss during the lost work period is calculated in combination with the labor contract, salary income certificate and individual income tax payment certificate. It is generally calculated based on the average daily wage for the three months prior to the accident.
1. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation for lost time is determined based on the victim's lost time and income.
2. The lost time shall be determined by the certificate issued by the medical institution. Where the victim continues to miss work due to disability due to injury, the time for missing work may be calculated to the day before the date of disability;
3. If the victim has a fixed income, the compensation for lost work shall be calculated according to 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 is unable to provide evidence to prove his or her average income in the last three years, it is to be calculated with reference to the average wages of employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year.
4. The victim's lost work expenses include, but are not limited to, wages, "three compensations" (such as meal allowance, car allowance and telephone allowance), bonuses and allowances.
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Only the loss of time pay for personal injury is reasonable, which is within the scope of compensation of compulsory traffic insurance and is paid by the insurance company.
There is an insurance contract relationship between the car owner and the insurance company, so the insurance company's compensation is equivalent to the car owner's compensation.
If there is only car damage and no injuries, it is generally not supported for lost time and loss of outage, and only the loss caused by the accident is compensated.
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The insurance company will not give you the lost time pay for traffic accidents, and you can only get your lost time pay by going to the people's court to sue the driver and owner of the car that caused the accident, and through the court's judgment.
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Lost work expenses belong to the cost of death and disability, and the insurance company will bear it, but it should be determined according to the specific condition of the injured person, and there is a need for a certificate of construction and rest issued by the hospital (this is just a reference role, but if it is not opened, the insurance company can not compensate), generally the lost work expenses do not need you to pay separately, you yourself have to pay for the non-medical insurance expenses, and the other is basically the insurance company, or you are in a humanitarian situation to give him some compensation, but the private nature of the compensation insurance company does not bear.
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If both parties to the accident are motor vehicles, the two parties shall compensate each other for their losses in full within the amount of compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property; The insufficient part shall be shared by both parties in the ratio of 7:3;
2. If one party to the accident is a motor vehicle and one party is a non-motor vehicle or a pedestrian, the motor vehicle shall compensate the other party for the loss in full within the amount of compulsory traffic insurance, and if the motor vehicle accounts for the main responsibility, the primary and secondary responsibilities shall be shared according to 8:2, and if the motor vehicle shall be secondary, the primary and secondary responsibilities shall be shared according to 6:4;
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Notify the insurance company as soon as possible The insurance company will send someone to cooperate with you (note that it is collaborative) to deal with it, but there is a little personal injury treatment It is a difficult thing to do in ** Seeing that you meet a master is also a bandit It is recommended to discuss with the insurance company first You go out with the insurance company to solve the problem Because the matter is serious, your car is detained and unbearable (in some areas, the traffic police have something to do, you can't do it, you know how to detain the car) If you completely report that we bought insurance, the company will handle it, then it will be troublesome Because the insurance company also works for him, he is also embarrassed The asking price of the three is quite outrageous, but others have been hit and injured well, and they will always feel that they should punish you, so the attitude should be a little better Personal injury treatment depends on the quality of the three Good luck.
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Compensation for traffic accidents.
2. Lost work pay: refers to the amount of fixed salary or actual reduction in income during the period of the victim's loss of work. It is necessary to provide proof of hospitalization, recuperation period, labor contract, salary list, income reduction certificate and other supporting materials issued by the medical institution.
1. The victim has a fixed income: daily actual salary (monthly salary needs days) and days of missed work.
2. The victim has no fixed income, but can provide proof of income: the average annual income in the past three years 12 days and the number of days lost from work (but the maximum cannot exceed 3 times the industry wage standard of the previous year).
3. The victim's income cannot be proven: the average annual wage of employees in the previous year in the same or similar industry as the place of the victim's household registration (the standard is different in the place of household registration or the place where the lawsuit is filed, and the standard is calculated as the higher).
4. If the victim is a farmer who is unemployed, it can be calculated according to the per capita net income standard of the farmer's household registration or the place where the lawsuit is filed.
5. If the victim is an urban unemployed person, it can be calculated according to the minimum wage standard of the victim's household registration or the place where the lawsuit is filed.
6. The victim is a self-employed business: the average wage of employees in the same or similar industry in the victim's place of household registration or the place where the lawsuit is filed may be calculated in the previous year.
3. Nursing expenses: Nursing staff have a fixed income or an actual reduced income. The person being cared for is required to provide a certificate of hospitalization and a certificate of period of recuperation issued by a medical institution. Labor contract of the nursing staff, salary list, proof of reduced income and other supporting materials.
1. Fixed income of nursing staff: It can be calculated with reference to the income of lost work.
2. Nursing staff who have no fixed income, but can provide proof of income: the average annual income in the past three years is 12 days of nursing days (but the maximum cannot exceed 3 times the industry wage standard of the previous year).
4. Nutrition expenses (follow-up recuperation expenses): refers to the expenses of the injured person who needs some assistance during the ** and recuperation stages**. Normally, it does not exceed 30% of the medical expenses.
5. Hospitalization food subsidy: You can refer to the business trip meal subsidy standard for general staff of local state agencies (generally 15 yuan a day).
6. Transportation expenses: The total amount of transportation expenses actually incurred, and the actual expenses incurred by the victim and his or her necessary escorts for medical treatment, etc., the voucher should be consistent with the location, time, number of people, and number of times of medical treatment. Evidence such as tickets (excluding unnecessary charter fees), air tickets (domestic tickets can only be calculated based on train tickets) and other evidence materials are required.
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The relevant reasonable expenses mentioned in your question will be compensated by the insurance company, but because the victim is the main responsibility, then, in the "Compulsory Insurance", the victim can get the full compensation of the reasonable part within the limit of the "Compulsory Insurance", and the part beyond the "Compulsory Insurance", the victim will receive 30% of the compensation. If the loss is not particularly large, and you are satisfied with the amount of compensation to be paid by the other party, you do not need to sue, so that you can get compensation quickly, if you are disable in the future, or you are particularly dissatisfied with the compensation of the other party, you can consider suering, but the process will be relatively long.
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My husband was injured in a car accident and was hospitalized, which is the full responsibility of the car owner, how to compensate for the salary of my escort?
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Insurance payouts generally do not have a separate item, and the payouts are only medical expenses, ** fees, hospitalization expenses, etc. If you have a "hospitalization day allowance" insurance, you can subsidize it again.
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Hello, failure to pay tax is a tax management issue, if it is true that the monthly loss of 18,000 yuan due to traffic accidents is lost, and there is evidence to prove it, the fully responsible party should bear the liability for compensation; The monthly salary of 18,000 does not mean that there is a loss of 18,000 for lost work, and the lost time pay stipulated by law only refers to the loss reduced due to lost work.
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Lost time pay is covered by the insurance company The victim has passed the retirement age, and as long as he is still earning income through his work, he must be compensated for lost time pay. If the insurance is unwilling to pay, depending on the victim's opinion, he agrees and does not say, if he does not agree, let him go to the court to sue you and the insurance company.
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If it is within the limit of the insurance company, then you do not have to pay, if it is outside the limit, you will pay for it.
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All insurance is the insurance company, either all insurance or self-financing.
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If it's reasonable, forget it privately and make up some money.
If both parties are sued, time and energy will be spent on litigation. You can think about it.
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This key depends on your evidence, as long as the evidence is sufficient, the court may still calculate your actual income.
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According to the judgment of the responsibility of both parties to the accident, if you are fully responsible, the other party does not need to pay you for lost work; If you are partially responsible or the other party is fully responsible, the other party will pay you the lost time pay according to the proportion. If the other party buys third-party liability insurance, the other party's insurance company will pay for it, and if it is not bought, the other party will pay for it out of its own pocket. If the other party does not give it, it can apply to the court to intervene.
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If you have a motor vehicle, in addition to compulsory traffic insurance, you also have third-party liability insurance, and the insurance amount is sufficient, then the loss of time pay is paid by the insurance company.
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Lost time pay is a direct loss and is paid by the insurance company, and the direct loss caused by the traffic accident is covered by the insurance.
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Lost time pay is your own expense. The insurance company does not pay the claim.
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Generally speaking, the lost time fee must be compensated by the other party, and the transportation company must only be compensated.
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This is a must, to ask him for lost work pay, since he is fully responsible, he has to compensate you for all aspects of the loss, and the old man lost time pay is also included, if you really don't understand, you can consult to go to the green green out or consult the traffic police insurance company, he will give you a clear answer, do you need to ask him for lost work pay?
The best thing is not to have both, and it is still possible to break up again after the breakup. Your current girlfriend tortured you like this, and she will do the same next time. It's not like this world can't work without love. Find another one better than them.
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