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This injury should be distinguished from a traffic accident injury or a work injury. Otherwise, there is no way to determine how to pay.
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300,000 pelvic fractures may not be enough. For pelvic fractures, it is necessary to compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, living expenses of dependents, mental compensation, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation, and the compensation obligor shall also compensate. Gu Chun Santi should be subject to the certificate.
Legal basis: Article 17 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" The compensation obligor shall compensate the victim for personal injury, 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 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.
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300,000 yuan for pelvic fracture may not be enough to compensate. If it is necessary to compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, living expenses of dependents, mental compensation, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, the compensation obligor shall also compensate. The specific certificate shall prevail.
What is the standard for compensation for traffic accident damages.
1. Medical expenses. According to the hospital's calculation of the necessary expenses for the party's traffic accident trauma**, the voucher is paid. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.
2. Lost time pay. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the party 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 as 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. It is calculated according to the standard of food allowance for the staff of the state organ in the place where the traffic accident occurred.
4. Nursing fees. 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 pay; 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. According to the level of disability, it is calculated according to the average cost of living in 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 maximum lead shall not be less than ten years; Seventy years of age and five years of age.
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, the vouchers are paid.
8. Accommodation fee. It is calculated according to the standard of accommodation for general staff of state organs in the place where the traffic accident occurred, and the voucher is paid.
Legal basisArticle 21 of the Regulations on Work-related Injury Insurance.
If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
Article 22.
Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself in a congregation, inability to take care of oneself in most of one's life, and inability to take care of oneself in part of one's life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
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If it is a work-related injury, the pelvic fracture will generally be recognized as a grade 10 disability, and the employee can enjoy a one-time disability subsidy paid according to the disability level from the work-related injury insurance**, and the grade 10 disability is 7 months' salary; If the employment relationship is terminated, 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. Whether the compensation of 300,000 yuan can be determined according to the salary situation.
If it is not a work-related injury, the specific compensation matters can be handled by the parties through negotiation or mediation, litigation, and the amount of compensation shall be determined according to the actual situation.
Legal basisArticle 37 of the Work-related Injury Insurance Law If an employee is identified as a Grade 7 to Grade 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 the work-related injury insurance, and the standard shall be:
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.
According to Article 25 of the Implementation Measures of the Regulations on the Implementation of Work-related Injury Insurance in Shandong Province, if an injured employee is identified as having a disability of grade 7 to 10, the labor contract shall be terminated upon expiration, or the employee himself shall propose to terminate the labor contract, and a one-time medical subsidy for work-related injury and a one-time employment subsidy for disability shall be paid to him based on the average monthly wage of the employee in the overall area of the previous year at the time of dissolution or termination of the labor contract. The specific standards of the one-time work-related injury medical subsidy are: 13 months for grade 7, 10 months for grade 8, 7 months for grade 9, and 4 months for grade 10; The specific criteria for the one-time disability employment grant are:
20 months for Grade 7, 16 months for Grade 8, 12 months for Grade 9, and 8 months for Grade 10.
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The compensation standard for pelvic fracture in a car accident is as follows: 1Medical expenses.
It is determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization fees. 2.The number of lost work is commemorative.
According to the actual degree of damage, recovery status, and refer to the forensic examination or the certificate issued by the ** hospital. 3.Meals.
According to the standard of food allowance for general staff of state organs on business trips (yuan days), compensation for the number of days of hospitalization. 4.Nursing fees.
Generally, it should be determined by the identification of a forensic doctor or a certificate issued by a hospital. 5.Travelling expenses.
It is calculated based on the charging standard of public tram (automobile) and hard seat of train, and cabin below third class on ships. 6.Disability compensation for the cause of disability shall be calculated for 20 years from the date of determination of disability 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.
Article 1179 of the Civil Code stipulates that anyone who infringes upon the sale of other man-made potato segments and causes personal injury and burns the blade shall compensate for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.
It's similar to my experience in 2009, except that mine is a little lighter. At least 3 months. It's good to have sensation in the lower limbs and have normal bowel and bowel movements. >>>More
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Your grandmother is 77 years old and has a fractured femoral neck, it would be nice if she could send the ** up, according to the principle, after all, she is so old. It is better to choose a conservative one to recover, you can take the one that is traction, and you can use traditional Chinese medicine to apply it externally, and at the same time cooperate with appropriate family care. Usually give the elderly more hand massage, hot compresses, etc. >>>More
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