If the takeaway rider is injured on business, it is generally a work-related injury. The company shall apply for work-related injury identification for the employee and pay compensation from the work-related injury insurance. The items that the company needs to compensate include the wages and benefits during the treatment of work-related injuries, and the monthly disability allowance for disabled employees of Grade V and VI. If it is a work-related injury, first declare the work-related accident appraisal, and then determine the specific compensation items and amount according to the appraisal grade results, the income level of the injured person, personal family and other factors, and then negotiate. If no agreement can be reached, it can be resolved through litigation; If necessary, entrust a lawyer to handle it.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries

(2) Hospitalization food allowance

(three) transportation and accommodation expenses for medical treatment outside the overall planning area.

(four) the cost of installing and configuring assistive devices for the disabled.

(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs.

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV.

(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved.

(8) Funeral grants, dependent relatives' pensions and work-related death grants received by the survivors of work-related deaths.

(nine) labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations: (1) wages and benefits during the treatment of work-related injuries; (two) the monthly disability allowance for disabled workers of Grade 5 and 6; (3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

2. What is the claim standard for take-away additional insurance?

The compensation standard of take-away rider insurance includes: reasonable medical expenses incurred by the rider who needs to be treated in the outpatient or inpatient department of the second-class or above public hospital due to accidental injury during the protection period. (For the reasonable and necessary medical expenses actually paid within 180 from the date of the accident, the medical insurance premium shall be paid according to the local social security medical insurance of the patient's place of treatment, and the fracture treatment shall be postponed to 2 years).

Legal basis:

People's Republic of China (PRC) insurance law

Article 10 An insurance contract is an agreement between the applicant and the insurer to stipulate the insurance rights and obligations.

The applicant refers to the person who has entered into an insurance contract with the insurer and has the obligation to pay the insurance premium according to the contract.

An insurer refers to an insurance company that has entered into an insurance contract with the applicant and is liable for compensation or payment of insurance benefits according to the contract.

Article 11 When concluding an insurance contract, consensus should be reached through consultation, and the rights and obligations of all parties should be determined according to the principle of fairness.

Unless insurance is required by laws and administrative regulations, an insurance contract is concluded voluntarily.

Article 31 An applicant has an insurable interest in the following persons:

(1) me;

(2) Spouse, children and parents;

(3) Other family members and close relatives who have maintenance or support relations with the applicant other than those specified in the preceding paragraph;

(4) Workers who have labor relations with the insured.

Except as provided in the preceding paragraph, if the insured agrees that the applicant will conclude a contract for him, it shall be deemed that the applicant has an insurable interest in the insured.

When concluding a contract, if the applicant has no insurable interest in the insured, the contract is invalid.

Article 48 In the event of an insured accident, if the insured has no insurable interest in the subject matter insured, he may not claim compensation from the insurer.

Third, how to compensate for the time lost when the takeaway rider was hit by a car?

The lost time of a takeaway rider who was hit by a car depends on the lost time of the rider and the certificate issued by the medical institution where the victim was treated.

Legal basis:

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

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

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

If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.

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