Xiamen Lawyer

Apply for work-related injury identification first according to the process, and the compensation amount can be finally determined only after waiting for the identification level.

1. To apply to the Human Resources and Social Security Bureau (the former Labor Bureau) for identification of work-related injuries, the company needs to report within one month of the accident. If the company does not apply, the injured employee or his close relatives should apply for identification within one year. Materials to be submitted: application form for identification of work-related injury (usually downloaded from the website of the Human Resources and Social Security Bureau), proof materials of labor relationship with the employer, medical diagnosis certificate, etc;

2. If there is a disability after treatment and the injury is relatively stable, which affects the ability to work, it should apply for the ability to work appraisal, and submit an application to the labor ability appraisal committee of the city divided into districts (generally set up in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensations are: medical expenses, one-time disability subsidy, one-time employment subsidy, one-time medical subsidy, wages for wage retention period after work stoppage, food subsidy, nursing expenses, etc;

4. If you do not have a labor contract or other evidence to prove the existence of labor relations and cannot apply for identification of work-related injuries, you can first apply for labor arbitration to confirm the existence of labor relations between you and the employer. After confirming the existence of labor relations through labor arbitration, apply for identification of work-related injuries;

5. There are many procedures for protecting the rights of work-related injuries. If you are not familiar with them, you'd better entrust a lawyer to represent you.

Legal basis:

Article 33 of the Regulations on Industrial Injury Insurance: If an employee needs to suspend work to receive medical treatment for industrial injury due to accident injury or occupational disease at work, the original wages and benefits will remain unchanged during the period of suspension with salary, and the unit to which he belongs will pay him monthly.

1、 If a traffic accident occurs between motor vehicles, the parties concerned shall be liable for damages in proportion to the responsibilities identified in the Letter of Identification of Traffic Accidents or the Letter of Identification of Accidents. 2、 If a traffic accident occurs between a motor vehicle and a non motor vehicle or a pedestrian, the motor vehicle party shall be liable for compensation for the damage caused by the traffic accident; However, if there is evidence to prove that non motor vehicle drivers and pedestrians have violated road traffic safety laws and regulations, and necessary measures have been taken to deal with motor vehicle drivers, the liability for damages of the motor vehicle party shall be reduced. The proportion of liability for motor vehicle damages shall be reduced in accordance with the following provisions:

1. If non motor vehicles and pedestrians bear full responsibility for the accident, their liability for damages shall be reduced by 80-90%;

2. If non motor vehicles and pedestrians are mainly responsible for the accident, their liability for damages shall be reduced by 60% - 70%;

3. If non motor vehicles and pedestrians are equally responsible for accidents, the liability for damages shall be reduced by 40-50%;

4. If non motor vehicles and pedestrians bear secondary responsibility for accidents, their liability for damages shall be reduced by 20% - 30%.

3、 If the loss in a traffic accident is intentionally caused by a non motor vehicle driver or pedestrian, the motor vehicle party shall not be liable for damages in the traffic accident.

If a traffic accident occurs between non motor vehicles or between non motor vehicles and pedestrians, resulting in personal injury or property loss, the parties concerned shall be liable for damages in proportion to the responsibilities identified in the Letter of Confirmation of Traffic Accidents or the Letter of Confirmation of Accidents.

If damage is caused by a traffic accident, mediation on compensation for traffic accident damage shall be conducted in accordance with the principles of fairness, reasonableness and voluntariness.

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

Article 6 The medical expenses shall be determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.

Article 7 The lost time fee shall be determined according to the lost time and income of the victim.

The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.

If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.

If a girl under the age of 14 is simply abducted from her family or guardian, which constitutes the crime of kidnapping a child, she shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. However, if the abduction is carried out for the purpose of selling, it will constitute the crime of abducting and selling children, and will be sentenced to at least five to ten years of fixed-term imprisonment and a fine.

If the abductor is a minor girl over the age of 14, it will be punished as the crime of abducting and trafficking in women, and the sentencing range is the same as that of abducting and trafficking in children.

The validity period of notarial certificate is generally divided into three categories:

1、 If it is not stipulated in the notarial certificate, the validity period shall be unilaterally stipulated by the using department of the notarial certificate, and generally not stipulated by the notary office. General civil notarization, such as birth notarization, marriage notarization, kinship notarization, education degree notarization, and driver's license notarization, falls into this category. The applicant should consult the public certificate using department about the validity of the notarial certificate;

2、 If the legal act or document proved in the notarial certificate stipulates the validity period, the validity period of the notarial certificate shall be the same as it. If the term of authorization specified in a Power of Attorney is three months, then the validity period of the notarial certificate of the Power of Attorney is also three months;

3、 The legal act or document proved in the notarial certificate does not stipulate the validity period, but if the legal act or document is uncertain, the validity period of the notarial certificate depends on the specific situation; If the notarized contract is terminated by the agreement of both parties, the notarial certificate of the contract will become invalid; Another example is the notarized house property gift contract. Because the donor and the donor did not go through the transfer registration procedures in time, the donor died and could not transfer the ownership. The gift contract failed and the gift notarial certificate could not be used.

Article 36 of the Notarization Law of the People's Republic of China

The notarized civil legal acts, facts and documents of legal significance shall be taken as the basis for ascertaining facts, unless there is evidence to the contrary sufficient to overturn the notarization.