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Fractures need to be compensated, medical expenses, lost work expenses, nursing expenses, etc., as follows:
1. If an employee causes damage to another person in the course of employment activities, the employer shall be liable for compensation, and if the employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer. If the employer bears joint and several liability, it may recover compensation from the employee;
2. "Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities."
Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.
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According to the fracture situation you introduced, it is a work-related injury above grade 8. According to the compensation standard after the work-related injury is settled, the medical expenses, ** and the loss of wages during the recuperation period, the work-related injury and disability subsidy (level 8 is the average salary of 11 months), and if the labor contract is terminated, a one-time employment subsidy and a one-time medical subsidy shall be compensated, according to the local work-related injury insurance regulations, such as Henan Province, which stipulates that the salary of 26 months and 10 months respectively in the case of grade 8 disability, is based on the average salary of employees in the province in the previous year. Before going private, it is necessary to keep at least the relevant evidence, especially the labor contract, salary payment records, and the occurrence of work-related accidents.
If a solution cannot be reached, go through legal procedures as soon as possible. The statute of limitations for reporting work-related injuries and applying for labor arbitration is one year.
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For spinal fractures, if there is no nerve loss, the prognosis is good, and the loss of about three months is sufficient. If there is a neurological loss that has not recovered for a long time, it is a serious disability and it is necessary to compensate for the damage caused by the inability to take care of oneself later in life.
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Hello, I'm glad to answer for you: A: It is a more complicated thing for a broken bone private travel to call compensation, and the following are the 10 taboos of broken bone private compensation:
1.Don't deal with injuries privately. A fracture is a serious injury and should not be taken lightly as it can lead to more serious consequences.
2.Don't trust the other person's promises. The other party promises compensation, but it may not be fulfilled, so be vigilant.
3.Don't trust verbal agreements. All agreements should be in writing to avoid disputes in the future.
4.Don't rush to accept a settlement agreement because of a momentary need. It is necessary to give full consideration to one's own interests and rights and interests.
5.Don't trust the other party's so-called "expert opinion". Choose a professional you trust for identification.
6.Don't make a private agreement with the other party, but resolve the issue through legal means. 7.
Do not violate the law by accepting compensation from the other party without the approval of the court. 8.Don't sign an agreement without a lawyer's consultation.
9.Don't give up your rights and fight for the maximum possible compensation. 10.
Don't ignore any malicious or fraudulent behavior that may be on the part of the other party. Always be vigilant and beware of unfair treatment. Hope it helps
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It depends on the ability of the party responsible for the offence. For the victim, it is recommended that the amount of compensation is appropriate, and it is recommended that it is best to consult a lawyer in detail, and the lawyer will help calculate the statutory amount of compensation, as long as the amount of compensation is not too much lower than the statutory standard, it is cost-effective. The amount of compensation awarded by the court shall be determined comprehensively based on factors such as the age of the victim, family members, and other specific circumstances, as well as the place where the accident occurred.
Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms the body of another person is sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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Summary. Hello dear, happy to answer your <>
There are many types of fractures (bone cracks, fractures, comminuted fractures, etc.), and the parts of the fractures are different, and the medical expenses are not the same, a metacarpal fracture may cost tens of thousands of dollars after surgery, but if a tibial bone crack may cost a thousand yuan to be fixed with a plaster. Therefore, it is necessary to determine the amount of compensation according to the actual cost and lost time.
How much should I pay for a broken bone?
Hello dear, happy to answer your <>
There are many types of fractures (bone cracks, fractures, comminuted fractures, etc.), and the parts of the fractures are different, and the medical expenses are not the same, a metacarpal fracture may cost tens of thousands of dollars after surgery, but if you encounter a tibial bone fracture, it may cost a thousand yuan to put a plaster cast. Therefore, the Xiaoqin clan needs to determine the amount of compensation according to the actual cost and lost time.
Dear, hello, Hongzhongpi is very happy to help you solve the poor answer <>
In short, the amount of compensation for fracture = ** fee + medicine fee + lost work (** working hours delayed during the period) + compensation.
Pro: It depends on the degree of the fracture to determine the compensation standard.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
Fingers and arms. If so, the disability registration should be level 9-10.
The legal analysis made by you is as follows: Article 37 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 after returning from work-related injury insurance, and the standard is:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself 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 employment subsidy for disability. 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.
How much money does it cost to compensate for being private?
The amount of compensation for personal information = ** fee + drug inspection fee Xinkuan + lost work (** working hours delayed during the period) + compensation Are you only counting the compensation cost The other three should be consumption records.
The family of the injured let them take the money privately, and they saw it for themselves.
I don't know how much it will cost.
What kind of occupation does the injured person have, does he have a job, how much does he earn, and what is the salary in the locality?
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Answer: You can provide proof of the transfer of compensation to explain the situation to the public security organ or the court, or it may be that the other party feels uneasy or the compensation does not reach the number in his heart, so he does not sign easily, and can assist the relevant unit to send the doctor to evaluate the injury, and compensate in accordance with laws and regulations. Make up the amount on top of the previously paid compensation.
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