One, flash messenger traffic accident compensation standards
1, personal injury compensation standards
Personal injury compensation standards, including the following items: medical expenses, lost wages, nursing care, nursing care lost wages, social security retroactive payment, re-entry loss costs, re-search for work short-term living expenses, temporary unemployment costs. Hospitalization procurement costs, return home across the province transportation costs, intra-county transportation costs, cross-county transportation costs, nursing accommodation costs, hospital meal allowance costs, hospitalization errand costs, prosecution of evidence errand costs, travel costs, due to injuries and medication suture infusion of harm to the human body and the pain costs, all kinds of copying costs, clothing scrapped or property damage costs, the necessary nutrition costs, disability indemnity, disability aids and appliances, the cost of living expenses of the dependents, rehabilitation costs, Follow-up treatment costs, funeral expenses, death compensation, the victim's relatives to handle funeral expenses such as transportation costs, accommodation costs and other reasonable costs such as loss of lost time, and compensation for moral damage.
2, property damage compensation standards
Property damage compensation standards, to determine the amount of compensation for direct and indirect losses caused by traffic accidents.
Compensation standards for direct losses:
In principle, it should be restored to its original state or discounted compensation. For partially repairable vehicles, facilities and articles, compensation should be paid for the repair costs; the depreciation of value due to partial loss, but also compensation for the depreciation of part of the loss; for the irreparable, compensation should be paid for its actual value.
Compensation standards for indirect losses:
The victim suffered indirect losses due to traffic accidents, the aggressor and should be compensated for the losses. For example, in the case of traffic accident damages, if the victim to the damaged vehicle is being used for goods transportation or passenger transportation business activities, demand compensation for the damaged vehicle repair period of the loss of out-of-service, the person responsible for the traffic accident shall be compensated.
3, moral damage compensation standards
Mental damage is a kind of outsiders can not measure the intangible injury, for the size and degree of mental damage generally can not be measured by the material scale, therefore, in the specific judicial practice, for the moral damage consolation money, can only be based on the specific circumstances of the parties, including the economic environment of the region, the identity of the parties, the parties to the family background, the size of the responsibility of the parties in the case, the size of the family background, the size of the family background, the size of the family background, the size of the family background. The parties in the case of the size of the responsibility, social influence by the judge based on discretionary power in a similar objective and reasonable and appropriate range.
Second, what can be recognized as work-related injuries?
As a courier or flash courier, most of the delivery by riding an electric bicycle, in the process of delivery if the traffic accident is injured is a work injury? According to Article 14 of the Regulations on Work Injury Insurance, if you are injured in an accident during working hours and in the workplace due to work-related reasons, it can be recognized as a work-related injury.
As a courier for most of the workplace is outdoor work, if the courier in the delivery process encountered traffic accidents, at the same time not my main responsibility caused by traffic accidents, in most people's opinion, the courier company needs to bear the courier's medical expenses.
Third, flash delivery and flash delivery staff is a labor relationship?
Answer to this question, we first understand the flash delivery, "flash delivery" service is a project under the City Bing, the user through the cell phone app order issued by the delivery needs, the system according to customer demand based on the location of the information close to the allocation of the flash messenger door to door for their services, the user can be through the cell phone client monitoring the whole process The user can monitor the location of the flash delivery agent through the mobile phone client, and the flash delivery agent promises to complete the delivery of the parcel within the specified time.
Downloading the flash delivery application on the mobile client allows you to apply to become a flash delivery person. The flash deliveryman can view the courier business information on his cell phone and independently choose to undertake the courier business.
For each courier service undertaken by a flashing deliveryman, Tongcheng Bingying Company collects 20% of the courier service fee paid by the user on the application platform as information fee, and the rest is collected by the flashing deliveryman. The flash deliveryman must use legal, compliant and well-documented transportation, which he provides himself.
The common understanding is that flash delivery is a transaction aggregation platform, the user initiates the order, the flash delivery agent accepts the order, the flash delivery platform to collect 20% of the information fee, such as 20 yuan of courier fees, flash delivery to extract 4 yuan of information fee, flash delivery does not provide transportation, the delivery process of the fuel or electricity, the flash delivery agent to bear the burden of their own.
Registered flash delivery member must sign the online "cooperation agreement", "cooperation agreement" on the two sides of the cooperation model, revenue sharing ratio has a clear agreement. Through the content of the agreement can be concluded, "flash delivery" and flash sender is equal between the cooperative relationship, not labor relations. The two belong to the contractual relationship, should be dealt with in accordance with the Contract Law.
Flash forwarder as a contractor, "flash" is the finalizer, the contractor in the completion of the work process on the third party damage or cause their own damage, the finalizer does not bear the responsibility for compensation. Laws and regulations clearly stipulate that the contractor in the completion of the work of the third party damage, the fixed person does not compensate, means that "flash" is not responsible for flash delivery in the delivery process of traffic accidents caused by other people's injuries.
Legal basis
"Regulations on Work-Related Injury Insurance"
Article 14 Employees shall be recognized as injured at work if one of the following circumstances exists:
(a) in the working time and workplace, accidental injury caused by work;
(b) before or after the working time at the workplace, engaged in preparatory work or finishing work related to the work. (c) Injured in an accident during working hours and in the workplace as a result of violence in the performance of work duties;
(d) Suffering from an occupational disease;
(e) Injured in an accident or unaccounted for accident while away from home at work;
(f) Suffered in a traffic accident or urban railroad traffic accident while commuting to and from work for reasons for which the employee is not primarily responsible;
(g) Suffered from a traffic accident or urban railroad traffic accident in which the employee is not primarily responsible. (f) Injured in a traffic accident or an accident in urban rail transit, passenger ferry or train for which he or she is not primarily responsible;
(g) In other cases where the injury should be recognized as a work-related injury as stipulated by laws and administrative regulations.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17 The living expenses of the dependent person shall be calculated in accordance with the standard of per capita consumption expenditure of the urban residents in the previous year in the location of the court under appeal according to the degree of the dependent person's loss of working ability. If the dependent is a minor, the calculation shall be made up to the age of eighteen; if the dependent is incapable of working and has no other source of livelihood, the calculation shall be made up to twenty years. However, if the person is over sixty years old, the age shall be reduced by one year for each additional year; if the person is over seventy-five years old, the calculation shall be five years.
Dependents are minors or adult close relatives who are incapable of working and have no other source of livelihood, and who should be obliged by law to support the victim. If the dependent has other dependents, the compensation obligor shall only compensate the victim for the portion that the victim should bear according to law. If there are several dependents, the total amount of annual compensation shall not exceed the amount of per capita consumption expenditure of urban residents in the previous year.