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If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.
This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.
Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.
If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.
For details of the time of payment of wages upon termination of labor relations, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, the employer may be required to implement Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract and Article 85 of the Labor Contract Law.
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Do you have a contract, and if not, do you have some proof that you have worked there and paid for your medical expenses? If you have these, you can go to the labor department to apply for arbitration, and it will be resolved! If there is no evidence, it is a little difficult.
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I used to be Zhuhai Livzon Pharmaceutical, if you can't solve it, you have to go to your immediate boss in person, if not, go directly to the human resources department, I believe it will be reasonable.
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If the party responsible for the traffic accident does not pay, the party responsible for the accident can pay the medical expenses in advance, and then demand compensation for the medical expenses and other compensation from the other party through litigation and other means. The law does not stipulate that the party responsible for the accident has the obligation to pay in advance. The traffic police will not determine the amount of compensation, will not force the party responsible for the advance, can only organize mediation between the two parties, the basic principle of mediation is voluntary, if the mediation fails by the court judgment.
In China, only the mediation documents of courts and arbitration institutions have enforceable effect. Therefore, any payment must be made before the judgment of the party who caused the offense himself, and no one can force him. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.
Legal basis: In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accidents and shall have the right to recover from the victim: (1) the driver has not obtained driving qualifications or is drunk; (2) The accident occurred during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.
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The insurance company will only settle the claim if there is evidence to prove that you have paid the medical expenses in advance, but the insurance company may not recognize some items. The insurance company is not responsible for the amount of compensation that should be borne by the insured in the following cases:
1. The third party should be responsible for compensation in the motor vehicle loss insurance and the third party cannot be found;
2. Increased due to violation of safe loading regulations;
3. The insured chooses to handle the traffic accident through negotiation on its own in accordance with the relevant laws and regulations, but cannot prove the cause of the accident;
4. The designated driver at the time of insurance application, and the insured accident is increased by the use of the insured motor vehicle by a non-designated driver;
5. The insured accident occurs outside the agreed driving area at the time of insurance, and the insured accident occurs outside the agreed driving area;
6. Increased due to multiple insurance claims during the insurance period.
Finally, in the event of a car accident, the insurance claim process is as follows:
1.Report the case in a timely manner. After the accident occurs, the driver shall immediately report to the traffic accident handling authority and the insurance company that underwrites the car in a timely manner.
2.Survey and damage assessment. After receiving the report, the insurance company quickly dispatched its claims adjusters to investigate the accident. The amount of damage to vehicles and property shall be assessed in accordance with the regulations.
3.Rescue**. If someone is injured, you should quickly call 120 for emergency treatment**and send it to the hospital for rescue**.
4.Settlement of the case through mediation. After the amount of property damage is determined, after the injured person is discharged from the hospital, or after the traffic police department investigates the relevant circumstances of the accident deceased, the traffic police department will mediate between the two parties to the accident in accordance with laws and regulations, and the responsible party will close the case after fulfilling the compensation obligation.
5.Submit a claim. After the mediation is concluded, the insured shall submit the accident claim materials to the insurance company in a timely manner.
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After a traffic accident, if there is an injury or illness, the owner will generally be required to pay the medical expenses in advance, and then wait for the injured to be discharged from the hospital, and then after the traffic police mediation, if the mediation fails, go to the court for litigation. In the process of mediation or litigation, the insurance company will bear the relevant costs, so that the medical expenses paid by the car owner can be recovered. What happens if the victim does not deal with it or does not cooperate?
Because most car owners are not only insured with compulsory traffic insurance, but also with commercial insurance, most of the medical expenses can be borne by the insurance company.
Traffic Accident Claim Procedure:
1. After reporting a traffic accident, the scene should be properly protected, and the insurance company should be reported in a timely manner, and the road accident should also be reported to the traffic department for processing, and the non-road traffic accident (such as the vehicle crashed into a tree or wall due to driving reasons), should be issued with supporting materials.
In case of insurance, at the same time, assess the damage to the vehicle, estimate the reasonable cost, and notify the owner to go to the repair shop designated by the insurance company to deal with the accident vehicle. If the owner of the car requires self-repair, he should go through the self-repair procedures, and if the repair fee exceeds the damage assessment fee, the owner will pay the excess part.
2. In the case of a claim for third-party liability, the insurance company shall also determine the amount of compensation in accordance with the law and pay compensation according to the insured amount. The insurance company may refuse to pay the amount of compensation negotiated privately between the policyholder and a third party.
3. Compensation for all losses stipulated in the provisions1After the total loss of the insured vehicle, if the insured amount is equal to or less than the actual value at the time of the accident, the insured amount will be compensated. 2.
In the event of a total loss of the insured vehicle, if the insured amount is higher than the actual value at the time of the accident, compensation will be made according to the actual value at the time of the accident.
4. Compensation for part of the losses stipulated in the provisions1If the insured vehicle suffers partial loss, the insured amount reaches the actual value at the time of underwriting, regardless of whether the insured amount is lower than the actual value of the insurance, part of the loss shall be compensated according to the actual repair cost; If the insured amount of the insured vehicle is lower than the actual value of the insurance, the repair cost will be compensated according to the proportion of the insured amount to the actual value at the time of the accident. 2.
The maximum amount of compensation for the loss of the insured vehicle is limited to the insured amount.
5. Within three months from the date of the repair of the vehicle or the conclusion of the traffic accident, the policyholder shall go to the insurance company to receive the compensation with the insurance policy, accident handling certificate, accident mediation letter, repair list and other relevant certificates. If there is a dispute with the insurance company and no agreement can be reached, the applicant may apply to the economic contract arbitration authority for arbitration or file a lawsuit with the people's court.
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In the event of a traffic accident, if the other party has insurance, you can negotiate with the perpetrator to go to the insurance company to deal with it, and if you don't have insurance, you can negotiate with the transportation bureau to deal with it.
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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 items include: medical expenses, follow-up expenses, hospital meal subsidies, nutrition expenses, lost work expenses, nursing expenses, death compensation or disability compensation, funeral expenses, spiritual solace funds, living expenses of dependents, assistive equipment and appliances, transportation expenses, appraisal fees, etc.
Among them, compensation shall be made first within the scope of compulsory traffic insurance, and the part exceeding the compulsory traffic insurance shall be apportioned according to the accident liability of both parties.
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Are you the owner of the car, or the injured party?
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If you do not cooperate, it is recommended that the traffic police intervene and coordinate.
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It is possible to negotiate, but if the negotiation fails, the injured party will pay the medical expenses on its own, because there is no law that the motor vehicle party must pay the medical expenses in advance.
According to Article 75 of the Road Traffic Safety Law of the People's Republic of China, medical institutions shall promptly rescue injured persons in traffic accidents, and shall not delay treatment due to failure to pay rescue expenses in a timely manner. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit;
That is to say, if the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** advance part of the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.
Determination of Liability:
There are two types of procedures for determining liability for traffic accidents, the summary procedure and the ordinary procedure.
1. If it is a summary procedure, then the responsibility for the traffic accident is generally issued on the spot or within 10 working days.
2. If it is an ordinary procedure, it is necessary to do a series of inspections and tests, such as blood tests, vehicle speed tests, etc., and make the final division of accident responsibility within 3 days after the last test report comes out.
Therefore, the time required is generally relatively long, and on the legal basis: Article 93 of the Regulations for the Implementation of the Road Safety Law of the People's Republic of China, the traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inspection and inspection of the scene.
Where it is necessary to conduct an inspection or appraisal, a traffic accident determination shall be made within 5 days of the date on which the results of the inspection or appraisal are determined.
Article 39 of the provisions on traffic accident handling procedures of the public security organs shall appoint or entrust professional and technical personnel and qualified appraisal institutions to conduct inspection and appraisal within five days from the date of investigation of the scene. Inspections and appraisals shall be completed within 20 days; If it is necessary to extend, it may be extended for 10 days with the approval of the traffic management department of the public security organ of the city divided into districts. If the inspection and appraisal cycle exceeds the time limit, it shall be reported to the provincial people's public security organ traffic management department for approval.
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If he gives you a list, then he will not be compensated for lost work expenses, nursing expenses, food allowance during hospitalization, etc.
If he insists on not giving it, then you can go directly to court and sue him. He was asked to be ordered by the court to provide all the documents required for insurance reimbursement. The court will give a judgment to the person he provided to you in accordance with the law.
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Responsibility is at your own risk.
The party who caused the accident after the accident has no legal responsibility and obligation to pay any expenses for the other party who caused the accident, if there is a traffic responsibility certificate, the user can sue him, and if he is hospitalized due to a car accident, he needs to issue a certificate when he is discharged.
If there is a traffic accident, the traffic police determine that the other party is fully responsible, but the other party refuses to compensate, and the owner can apply to the insurance company for subrogation.
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Did you call the police at the time? If there is a traffic liability certificate, you can sue him.
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There's no way, pick up the ruthless ** "law" in your hand and sue him!
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What should I do now to get the insurance company to cover my medical expenses?
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Is this traffic accident done for you? I've had this happen to me as well.
How to deal with it.
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One is to call the police and insurance companies.
The second is to send the injured to the hospital for medical treatment in a timely manner, and take the initiative to pay the other party's expenses in advance. However, fortunately, the other party left without saying hello or going through the discharge procedures, which means that the other party's injuries are not very serious. The big deal in the future is that the other party will endlessly ask you to pay this or that kind of expenses, and ask you for a price in the future when the compensation mediation and negotiation are settled, and you cannot reach an agreement with the other party, and finally go through legal procedures to resolve the compensation dispute.
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