In my case, which is better to deal with traffic accidents or work related injuries first? High scor

1. The work-related injury has been determined and is now in the work-related injury rest period, and the original salary and treatment remain unchanged. It is reasonable to pay monthly.

2. According to the attitude of the current unit, the prosecution can only be carried out in accordance with legal procedures, and the second operation cost will be borne by the party responsible for the traffic accident, and you will not lose anything.

3. Disability identification really has nothing to do with whether the steel plate is dismantled or not. **The use of internal fixation is the basis for disability assessment. The risk of a second operation is difficult to say, and there is generally no risk, but no one dares to guarantee it.

4. After the steel plate is removed, the disability is also assessed according to the "functional barrier-free person after internal fixation".

5. In principle, if you have received the cost of the second operation in a traffic accident, you can no longer receive compensation for the work-related injury, but you can claim the salary during the second operation.

In your current situation, of course, it is more advantageous to deal with traffic accidents first. In dealing with this matter, don't get into the trouble of gaining and losing, because you can get double compensation. Although it is an unlucky thing to be injured, you can get double compensation.

It's still much better than many people.

Usually people say that the work-related injury caused by a traffic accident can be compensated twice, but the double compensation is not the sum of the two types of compensation, how to compensate, the law does not have a unified provision, but depends on the local regulations, many places are the difference compensation, that is, the compensation is first handled according to the traffic accident compensation, the compensation amount is lower than the work-related injury insurance treatment standard, and the difference is made up by the work-related injury insurance ** and the user's unit. There are also places where there is no provision on the order of order, and if the prescribed work-related injury insurance benefits are paid in advance, and then after receiving civil compensation for traffic accidents, they should be repaid accordingly.

Therefore, it is best to ask the local labor department how the local regulations are and then decide how to claim for compensation.

Work-related injuries and traffic accidents can be carried out at the same time, and the law supports two-way compensation (except for medical expenses).

Surely first traffic accidents some expenses are not reimbursed by social security.

In some places, you can only get one compensation, and it is recommended to ask the local work-related injury insurance office.

In the case of work-related injuries caused by traffic accidents, the injured employee may be entitled to civil liability for compensation from the employer or the person who caused the personal injury of the employee due to the traffic accident

Article 13 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 Where a motor vehicle is simultaneously insured with compulsory third-party liability insurance for motor vehicles (hereinafter referred to as compulsory traffic insurance) and a third-party liability insurance (hereinafter referred to as commercial third-party insurance) for damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the provisions of Article 1213 of the Civil Code. Where the infringed party or their close relatives request that the insurer that underwrites compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

Legal analysis: It can be carried out at the same time, and there is no precedent provision. If you are injured in a traffic accident on the way to and from work that is not your main responsibility, it is a work-related injury, and you can entrust a lawyer to claim work-related injury compensation according to law.

At the same time, the lawyer can also be entrusted to demand that the other party bear the compensation for personal injuries caused by traffic accidents through legal channels.

Legal basis: Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to temporarily suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

When a work-related injury and a traffic accident are competing, the injured person can enjoy both work-related injury benefits and claim compensation from the driver who caused the accident, that is, obtain double compensation. However, in many areas, there is no priority for compensation for work-related injuries and traffic accidents, and only medical expenses cannot be paid twice. At the same time, if the work-related injury is also met and the circumstances are deemed to be work-related injury, and the work-related injury is determined by the labor and social security administrative department, the work-related injury treatment shall be handled separately according to the treatment items and payment channels.

Legal basis] Article 37 of the Regulations on Work-related Injury Insurance, if an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

1. Reimbursement of medical expenses according to the work-related injury standard, and claim compensation from the perpetrator for the insufficient part; or all claims against the offending party;

2. The cost of the second operation can be claimed from the party responsible for compensation, or it can be reimbursed according to the standard;

3. The employer needs to pay compensation for the termination of labor relations.

1. Medical expenses can only be reimbursed once.

2. The wages paid during this period fall within the scope of work-related injury compensation.

3. 100% of the hospitalization medical expenses shall be compensated by the work-related injury insurance** according to the actual incurrence.

Fourth, you can apply for appraisal, according to the appraisal amount by the work-related injury insurance**.

5. You can still ask for payment by work-related injury insurance**.

6. It does not affect work-related injury claims.

In the above cases, the work-related injury insurance** will be paid by the work-related injury insurance if the employer does not pay for you, and if the employer does not pay, it will be paid by the employer.