Chapter 76 Special Compensation Items
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Li Chao smiled and didn't answer, and asked Zou Meilian directly: "How long have you been working and living in Shenpeng?" ”
Zou Meilian replied: "I came to Shenpeng to work at the age of eighteen, and this year has been three years. ”
Li Chao nodded slightly, and asked, "In the past three years, what have you been doing in Shenpeng?" Do you have a temporary residence permit? ”
"I've been looking down on Kang Company as an assembly line worker, and I just recently took maternity leave, and I have also applied for a temporary residence permit." After Zou Meilian finished speaking, she directly took out a small notebook and handed it to Li Chao.
Li Chao took it and saw that it was Zou Meilian's temporary residence permit this year. Li Chao nodded, and then analyzed: "Well, in addition to this year's temporary residence permit, you also have to submit the temporary residence permit for the first two years, and you also have to go to the overlooking Kang company to open a work certificate and salary certificate, so that you can prove that you work in Shenpeng, and your lost time pay calculation standard is also calculated according to wages, no longer in accordance with the industry standards of agriculture, forestry, fishery and animal husbandry in Xiangnan Province." ”
Zou Meilian nodded hurriedly and asked expectantly: "With a temporary residence permit and a work certificate, will I be able to calculate my disability according to the standard of urban residents in Shenpeng?" ”
Li Chao smiled faintly, shook his head and said: "This is not enough, this can only prove that you work in Shenpeng, and you also need to prove that you live and live in Shenpeng." In the past three years, you have to submit a rental contract and ask the landlord and the neighborhood committee where the rent is located to issue a residence certificate to prove that you live in Shenpeng City. ”
Deng Zhihui scratched his head and interjected in embarrassment: "In the past three years, we have moved four times in Shenpeng. ”
Li Chaozheng said: "Then it's harder, the four landlords and the neighborhood committee have to go and ask them to issue residence certificates, only in this way can we fully prove that Shenpeng City is Zou Meilian's habitual residence, and only then can the disability compensation be calculated according to the standard of Shenpeng urban residents." ”
Deng Zhihui nodded yes. Li Chao wrote down the amount of disability compensation, 40,741.88 yuan/year * 20 years * 20% (the per capita disposable income of urban residents in Shenpeng City in the previous year, calculated for 20 years, the compensation coefficient for grade 9 disability is 20%), and the amount obtained is 162967 yuan.
Li Chao pointed to the amount of disability compensation and said to the two: "If it is calculated according to the standard of your hometown village, it is the per capita net income of rural residents in Xiangnan Province in the previous year was 8,781 yuan/year*20 years*20%, which is only a pitiful 35,124 yuan."
"162967 yuan is more than four times that of 35,124 yuan. That's a big difference. Deng Zhihui rubbed his hands, nodded excitedly, and continued gratefully: "Lawyer Li, if you don't tell us these ways, we really don't know. ”
Li Chao smiled slightly, picked up the pen and continued to write the following list of losses.
The lost work fee is calculated according to Zou Meilian's actual salary multiplied by the number of days of lost work, the nursing fee is also calculated according to the standard of Shenpeng's nurses, the hospital meal subsidy and nutrition fee are 50 yuan/day according to the Shenpeng standard, and the transportation fee is set at 600 yuan.
After this calculation, the loss has reached 213873 yuan.
Brushing Li Chao continued to write about the solatium for mental damage. Shenpeng's mental damage consolation is 100,000 yuan, death and disability level 1 is 100,000 yuan, level 2 is 90,000 yuan, level 3 80,000 yuan, level 4 70,000, level 5 60,000, level 60,000, level 60,000, level 7 40,000, level 8 30,000, level 9 20,000, and level 10 10,000.
Li Chao directly wrote down the next amount - 50,000 yuan with a big stroke of the pen.
"Mental damage solatium isn't too much, right?" Deng Zhihui is worried that he will not be supported by the courts.
Li Chao said confidently, "Don't worry, your case is special, and the solatium for mental damage will be appropriately higher." Even if you can't get 50,000 yuan, it will be higher than the 20,000 yuan you should get for a grade 9 disability. ”
Deng Zhihui looked at Li Chao with admiration on his face, and said gratefully: "We went to the hospital to ask for compensation, and we didn't know exactly how much compensation we should take." Lawyer Li, if you help us do the math, it will be much clearer. Thank you so much, Mr. Lee! ”
Li Chao smiled lightly and said modestly: "It's nothing, it's just a specialization in the art industry." ”
Li Chao looked at Deng Zhihui and continued: "Zou Meilian's loss list has been listed. However, Deng Zhihui, you also have a special compensation project, and I am considering whether to file a lawsuit. ”
"What?" The second monk Deng Zhihui was puzzled and asked suspiciously, "What do I have to lose?" ”
Li Chao brushed and wrote down three words on the list, Zou Meilian blushed when she saw it, and Deng Zhihui looked red and scratched his ears and cheeks, looking very nervous and excited.
Deng Zhihui asked hesitantly: "Lawyer Li, is there still this compensation project?" ”
Zou Meilian took a sip and choked at Deng Zhihui: "Why not, your recent table shows that they should pay for this project." ”
Deng Zhihui glared at Zou Meilian angrily, and said angrily: "You are so dignified, why do you mention ...... again?"
Li Chao raised his hand, interrupted their quarrel, and said directly: "This law has no clear provisions, it is a new proposition that I put forward based on the extension of spousal rights and personal health rights, and I am not sure whether the court will support it." But given your situation, I feel compelled to try and fight for it. What do you mean? If you bring it up, you will probably pay an additional 500 yuan in court costs. ”
Zou Meilian nervously stretched out her hand to hold down the list of losses, and said excitedly: "Lawyer Li, just do it." I think this compensation claim is reasonable, and the hospital should pay for it. ”
Deng Zhihui hesitated for a while, and finally nodded and said, "Okay, Lawyer Li, you can help us sue the hospital like this." We don't understand, and we can't figure out what materials are needed for the lawsuit, so Lawyer Li still bothers you to help us sue. ”
Li Chao nodded, answered the hello, helped Zou Meilian and them go through the entrustment procedures, and then helped them write the complaint to collect evidence.
Zou Meilian was still in confinement, Li Chao sent her back first, and then took Deng Zhihui to open a residence certificate. Two neighborhood committees refused to issue residence certificates, and Li Chao argued on the basis of reason before the neighborhood committees issued certificates.
After the evidence was collected, Li Chao made a catalogue of evidence.
Deng Zhihui watched Li Chao busy before and after, and was grateful. Li Chao smiled indifferently and drove him to the court to file a case.
In the car, Deng Zhihui asked a little nervously: "Lawyer Li, how should the litigation costs be calculated?" ”
Li Chao replied casually while driving: "Now in order to facilitate the mass litigation, the court has a relatively high standard for the payment of litigation fees, and the subject amount of your case is 310,000 yuan, and the case acceptance fee is only 5,950 yuan." If the two of you have family difficulties, you can also apply to the court for a deferment of payment. ”
Deng Zhihui blushed and asked nervously, "Lawyer Li, I mean...... I should give you ...... How much does it cost? ”
It turned out that he was worried about the agency fee, Li Chao smiled slightly, and said indifferently: "The agency fee is calculated by segmentation. where the amount of the subject matter of the litigation is less than 100,000 yuan, it is calculated according to 8%-12%; The part of more than 100,000 yuan to 1 million yuan is calculated according to 5%-7%. Everyone is a neighbor, and I won't take more money from you, just give me 2,000 yuan. ”
As soon as Li Chao said the standard, Deng Zhihui nervously calculated the amount, even if it was all calculated according to the lowest ratio, the target amount of 310,000 yuan, the agency fee was at least 18,500 yuan.
Li Chao only received 2,000 yuan. Now 2,000 yuan is really a small amount. Shen Peng's lawyer fee is not low, Deng Zhihui was worried that he couldn't afford the lawyer's representation fee, but he didn't expect Li Chao to be so generous.
Deng Zhihui immediately grabbed the seat in the front row, leaned forward, and said excitedly to Li Chao in the cab: "That can make Lawyer Li suffer such a big loss, at least we will give you 8,000 yuan." ”
Li Chao smiled slightly and said sympathetically: "It's not easy for you young couples to come out to work, and you encounter such an embarrassing thing again." As a lawyer, I represent the case, there is no cost, and I can help. ”
"Don't talk about agency fees. Okay, the court has arrived, let's hurry up and file the case. ”
……
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