Disability Compensation Emergency 30

Regulations on Work-related Injury Insurance] Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the cost of the injured employee to the medical institution that has signed the service agreement is met, it shall be paid from the work-related injury insurance.

It's not just about work-related injuries, it's about damages. Go to the designated hospital to open a certificate.

It should be disabled. You can sue the other party's car owner, driver, and insurance company, and the insurance company will be fully matched within 110,000 yuan, and the other party will compensate 30% for the part exceeding 110,000 yuan. The rest is compensated by the motorcycle driver, and the motorcycle can be claimed by the insurance company if it needs insurance.

First of all, look at how much money your mother spent on the accident, including medical expenses, nutrition expenses, lost work expenses, nursing expenses, etc., and then you share all the expenses according to the proportion of responsibility. For other cases, please consult with me on **Shang**.

If you are disabled, you will need to have a disability assessment. Depending on the level of disability, the amount of compensation will vary depending on the age and the region of residence.

Whoever is primarily responsible bears the lion's share of your mother's associated expenses.

Legal Analysis: Disability compensation refers to the property compensation for the victim who has lost all or part of his or her ability to work due to personal injury and disability. As a result of a personal injury, the victim of a disability has lost part or all of his or her ability to work, and as a result, the victim may have reduced or lost his or her income after suffering a personal injury.

This loss is a direct consequence of personal injury and is a property loss. For such property losses, compensation shall be made by the person obligated to compensate.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury" Article 20 Argument 5: 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 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.

According to the disability compensation standard, disability compensation = the number of years of compensation per capita net income of the local town or residents Disability compensation index. The length of compensation here is related to the age of the disabled person, specifically, if the age is less than 60 years old, the compensation period is 20 years.

1. Disability compensation standard.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 12: Disability compensation is calculated for 20 years from the date on which the disability is determined on the basis of the degree of the victim's inability to work or the level of disability, and 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.

Where the victim is disabled due to an injury but his or her actual income has not decreased, or where the level of disability is relatively minor but the occupational obstruction of Xiaochong Shed seriously affects his or her employment, the disability compensation may be adjusted accordingly.

2. Disability compensation calculation formula: Disability compensation = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed, disability compensation index, and compensation period.

1) Disability compensation for persons under the age of 60 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed and disability compensation index 20 years.

2) Disability compensation for persons between the ages of 60 and 75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed Disability compensation index [20-(actual age-60)].

3) Disability compensation for persons over the age of 75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed and disability compensation index for 5 years.

Legal basisArticle 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: 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 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 of sixty is increased by coincidence, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

In traffic accident compensation, many friends** consult how to calculate accident disability expenses? In particular, I don't know how to grasp the disability factor. This issue is explained as follows:

The formula for calculating disability compensation is as follows: disability compensation = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) at the location of the court where the lawsuit is filed, disability coefficient and compensation period.

1) Disability compensation for persons under the age of 60 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed and disability coefficient 20 years.

2) Disability compensation for persons between the ages of 60 and 75 = the standard of per capita disposable income of urban residents (per capita net income of rural residents) in the previous year at the location of the court where the lawsuit is filed Disability coefficient [20 - (actual age - 60)].

3) Disability compensation for persons over 75 years old = per capita disposable income of urban residents (per capita pure income of rural residents) in the previous year at the location of the court where the lawsuit is filed and the disability coefficient is 5 years.

What if the disability factor in the above formula is determined? Disability coefficient, if the injury is assessed as a first-class disability, the full compensation shall be paid, that is, 100%; Grades 2 to 10 will be decreasing by 10%. The calculation of the disability coefficient of multi-level disabled persons shall be calculated with reference to the method of "Disability Assessment of Persons Injured in Road Traffic Accidents" (GB18667-2002) with finger pick-up B.