This kind of fracture cannot be ignored!Compensation for 2 years of lost work
Today, I would like to share with you a special but annual traffic accident cost identification and compensation case.Cuihua, female, 46 years old, had a traffic accident in the middle of December 2019 when she was off work. She was diagnosed as an open fracture in the middle of left tibiofibula by the hospital. Cuihua is not responsible for this accident.Because the injury is heavier, cuihua is in hospital to go internal fixation operation treatment, this thought can recover after a few months, the result reexamination result is greatly disappointed, the X piece that reexamination for many times all shows: fracture line is clear, broken end sees broken bone piece and dislocation.In fact, this is postoperative nonunion.Cuihua was hospitalized for a second operation until January 2022, when the fracture line was blurred, and March 2022, when the fracture line disappeared.This case because dispute point is more, emerald green flower one party and insurance company negotiate for many times not fruit, Sue to court then.After the application of disability grade, delay period, nursing period, nutrition period for judicial identification.Our only problem today is your late schedule.The amount of lost work that occurs after a traffic accident depends on two factors: time delays and actual earnings before the injury.This is also based on the provisions of the Interpretation on Several Issues concerning the Application of Law to the Trial of Cases concerning Compensation for Personal Injury.Among these two factors, income is a matter of fact, which can be proved by collecting evidences by ourselves, while the construction period is a technical problem, which is also prone to disputes. Therefore, in judicial practice, appraisal institutions are generally entrusted to appraise the construction period.In this case, according to the general clinical principle, fuzzy fracture line by the surveyor should be able to with the aid of auxiliary appliance walk, but also can’t normal work, labor, if, in accordance with the personal injury by accident period evaluation specification stage, care, nutrition, “the provisions of the delays up to 180 days, obviously can’t blunt, but should be combined with the provisions of annex A,According to the treatment of the person identified, comprehensive determination, the final determination to disability assessment 1 days before, if the application for identification date continues to delay, but also to fracture line fuzzy date is more appropriate.Accordingly, cuihua’s final delay time reached more than 2 years.