-
According to the description, it should be recognized as a work-related injury.
In the case of an employment relationship, it shall be calculated in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and compensation shall be made for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation**.
Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to 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.
Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.
The living expenses of the dependents are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. 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.
Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.
-
If the company does not do the appraisal, you can apply for the work-related injury appraisal and disability appraisal by yourself. These two appraisals are the standard and basis for determining the amount of compensation to be paid by the enterprise.
If the enterprise wants to compensate, it can only be analyzed after the results of the work-related injury and disability appraisal are available. It can generally include medical expenses, wages during the medical period, a lump sum disability allowance, a lump sum medical allowance for work-related injuries, a disability employment allowance, and a disability allowance (which can only be enjoyed if you have reached a certain level of disability).
The main evidence includes: work-related injury identification, disability identification, medical expense invoices, salary slips, etc.
-
The amount of compensation shall be determined according to the results of the medical appraisal, and the corresponding work-related injury benefits shall be determined according to the results of the work-related injury appraisal, and the evidence shall be the proof of labor relations, various expense documents, and the appraisal conclusion report.
-
This is a work-related injury, and the compensation includes: hospitalization expenses, medical expenses, surgery expenses, etc. The exact amount is on a case-by-case basis.
Evidence includes: various bills of charges from hospitals.
-
It is a work-related injury, ** expenses, and necessary living expenses of dependents must be compensated. As for how much is missing, it depends on the region. The standard of economic compensation varies from region to region.
If you don't buy insurance, that's the company's business, and if you don't buy it, the company will pay for it. If so, ask for a specific amount of compensation. You'd better find a lawyer to calculate and **.
Over time, evidence is not easy to collect.
-
The Regulations on Work-related Injury Insurance emphasize that only injuries caused by employees during working hours or as a result of work can be called work-related injuries.
Now you need to do the workmanship Qi Qiaoqing injury identification
If there is a contract and you don't buy insurance, the company will pay for all the costs
-
This is a disability assessment.
The scope of damages includes: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, transportation expenses, accommodation expenses, and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, death compensation, living expenses for dependents, etc., shall be determined according to the actual situation, and the expenses shall be settled in a lump sum.
-
In this case, the act of destroying evidence by one party is a criminal act. The parties concerned should promptly report to the police, the public security organs will investigate in accordance with the law, and the public security organs will collect evidence in the course of the investigation. According to article 187 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs", public security organs shall promptly conduct an investigation into a criminal case that has already been filed, and comprehensively and objectively collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime.
Article 188: After investigation, public security organs shall conduct a preliminary trial in cases where there is evidence to prove the facts of a crime, and review and verify the authenticity, legality, and probative force of the evidence materials collected or collected.
Article 189: Public security organs investigating crimes shall employ compulsory measures and investigative measures in strict accordance with the requirements and procedures prescribed by law, and it is strictly forbidden to employ compulsory measures and investigative measures against criminal suspects on the sole basis of suspicion without evidence.
-
You called the police at the time, and the police came and said that he hit him, and the police couldn't see it?
-
Audio recordings are "audio-visual materials" and can be used as evidence, and according to article 63 of the Civil Procedure Law, evidence includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
At the same time, if the other party has objections to the evidence, it can apply to the court for an appraisal of the recording. According to Article 11 of the General Principles of Judicial Appraisal Procedures, judicial appraisal institutions shall uniformly accept the entrustment of judicial appraisal.
-
According to Article 116 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China issued by the Supreme People's Court on February 4, 2015, audiovisual materials include audio and video materials.
Electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc. The provisions on electronic data shall apply to audio and video materials stored in electronic media.
It can be seen from this that the court has recognized electronic data evidence, but in the actual operation process, such electronic data is easy to be tampered with, edited and other means to affect the use of evidence, so this kind of evidence has certain requirements, authenticity, integrity, timeliness, reasonableness, etc. are all necessary, and even need to be appraised or notarized before it can be used.
According to your statement, the recording can be used as evidence, but it must be recognized by the court, and the other party will refute it, so you must prove the authenticity and integrity of the recording yourself, etc. It is recommended that you use Pinocchio recording, cooperate with the notary office, upload the file to the cloud, and notarize it when necessary, and there will be no disapproval by the court.
-
It doesn't matter if you want to divide it or not.
There are too many cases of companies moving assets before they go bankrupt.
Specific methods: collect evidence, mainly evidence of fund transfer, this may have to be financed, it is recommended that you better combine financial personnel, collect the entry and exit records of each fund, if the company boss has a small treasury, it is necessary to collect.
In addition to the evidence of fund transfer, there may be some hidden ones, such as the transfer of commodities not through funds, or the exchange of consideration, etc., which must be collected with attention.
After the collection, the company's bankruptcy is directly executed by the court, and the bankruptcy claim is applied for before the execution (the court will issue a notice), and the bankruptcy claim enters the company's remaining property division, if you find and collect evidence of the company's asset transfer, you can report to the court and request revocation (illegal economic acts within one year before bankruptcy can be applied for revocation).
Now the most important thing is how you collect evidence of the company's transfer of assets, there is no problem when the employee's salary and compensation participate in the bankruptcy creditor's right, the collection of evidence depends on your own ability, it is best to combine with other employees of the company, because the company is not violating your rights alone, I believe that other employees are willing to cooperate with you, unless they have additional compensation. If you can't collect evidence, you can apply to the court for property preservation and lock up part of the company's property first, otherwise even if you participate in bankruptcy claims, there will be no money for you to share at that time.
-
The key is what kind of compensation you are asking for, it is recommended to apply for labor arbitration immediately, and at the same time submit an application for property preservation to the labor dispute arbitration commission, which will submit it to the court, and the court will decide whether to take property preservation measures.
-
You can go to the court to apply for bankruptcy liquidation to protect your legitimate rights and interests.
-
Guangdong lawyer Hu:
The company dismisses you in order to pay you economic compensation, and you are not allowed to report complaints or apply for labor arbitration at any time to the labor inspection brigade;
If the company goes bankrupt, you must pay your employees' compensation first.
-
After the transfer, you will also get compensation, rest assured.
-
He is breaking the law, so call the police first.
-
Plug the window into the electricity, put a sign in the window, and don't forget to connect the circuit breaker.
-
Hello, Barrister Network Marriage Lawyer answers for you:
The evidence that needs to be collected for the breakdown of the relationship between the couple can be summarized into the following categories, and provide you with ways to collect evidence.
SMS. In divorce cases, text messages have been used by more and more parties to collect evidence that the other party is at fault. The following methods may be used to collect such evidence:
First, if the recipient does not delete the text message, the information is directly stored and the mobile phone is sealed. Then, it is best to go to the notary office for written notarization, and the notarized evidence is more effective and will generally be judged. Second, in the case that the text message related to the case is deleted, the content of the text message can be retrieved through the mobile phone SMS operator.
At the time of collection, the time of sending the corresponding mobile phone text message, the mobile phone numbers of both parties, and the content can be printed out through the operator's stored information, and the staff present shall sign and seal to confirm the source, so that it can be used in the trial.
Email. Unlike other forms of electronic evidence, the characteristics of e-mail are that each e-mail user must have an e-mail address, and each e-mail address has a unique username, account name and password, and the first part of the e-mail has the sender, ** and the time of sending and receiving. However, if this information is in the hands of someone else, they can use your email address to send and receive or delete messages.
Of course, it is not easy for the average person to modify the file directly in the inbox, because the file in the inbox is read-only and refuses to be modified. Even if you save it, you only change its position, not its properties.
msn、qq
For the content of the chat, we can collect it from the computer records of both the chatter and fix it in the form of a copy or print. If it has been deleted or modified, you can collect it by copying or printing it through the network service provider, and if the network service provider does not save it, you can hire a special technician to restore the tampered chat history. These links are easy to say and tedious to do, so if you encounter such a situation, it is best to notarize it after retention.
And then work on other things.
Audio and video recordings. In divorce cases, one party often uses audio and video recordings to collect evidence, so can these evidence be used as evidence in court? This is an issue that people are more concerned about.
If the case requires, we can take some legal means, such as recording the other party in our own home, and obtaining the information of the parties in some public places, etc., as long as it is not illegal, the coherent content of the recorded materials can be used as evidence.
Fax. At present, judicial practice has reservations about the evidentiary effect of faxes. It must be linked with other evidence and corroborate each other, and a single fax cannot be used as a basis for determining the facts of the case.
1. During the probation period, if you are dismissed for not being competent for the job, you do not need economic compensation. >>>More
I had the same experience! It's best not to tickle after being bitten by a mosquito! Rinse with water! Or rub some anti-itch ointment! This can only temporarily stop the itching, remember not to scratch the itch, otherwise the more you scratch, the more itchy it gets! >>>More
Electric welding to the eyes, particularly uncomfortable, the following to teach you a few tips, is the most effective way to weld the eyes. >>>More
This is a well-recited masterpieceThe reason why it is admired is mainly because it is written naturally and in its true colors. Therefore, it will be said that his articles are unprecedented and unprecedented. >>>More
Her indifference to your attitude depends on her family, which is the main reason for your estrangement, of course you have to start with her family can meet with both parents to have a good talk, if it doesn't work, you will try to meet the requirements of your parents, with action to influence, your girlfriend is a filial person, don't persuade her to give up her family and be with you, the best way is to ask for the consent of your parents, you will be happy with the blessing of your parents!