I searched this online, but most lawyers agree that if negotiation fails, civil litigation will be conducted as a civil compensation case.
1. Having retired is not a labor relationship, so it is not a work-related injury. But you have a de facto employment relationship with the company, and the company has responsibilities as an employer, and you can claim compensation for personal damages.
2. You can ask the other party to pay civil compensation, such as medical expenses, lost work wages, nutrition fees, nursing fees, property losses, etc. If it constitutes disability, you can also ask the other party to compensate for disability compensation. The amount of fees can refer to the following standards.
(1), medical expenses.
The amount of medical expenses is determined based on the hospital’s diagnosis certificate and formal medical invoice. Including registration fees, examination fees, surgery fees, medical fees, hospitalization fees, plastic surgery fees and follow-up treatment fees that you pay for treatment;
(2) Nutrition fees.
The amount of nutrition fee is determined based on the nutritional needs diagnosis certificate issued by the doctor and the relevant expense expenditure certificate. It refers to the cost of nutritional supplements other than daily diet purchased to assist in the treatment of physical diseases or to help the body recover as quickly as possible.
(3), work loss and nursing care expenses.
Lost work fees and nursing fees are determined based on the victim’s or caregiver’s lost work time and income status. If you have a fixed income, lost time wages will be calculated based on the actual decrease in income. If there is no fixed income, the calculation shall be based on the average income of the last three years; if the victim cannot provide evidence to prove his average income of the last three years, the calculation may be made with reference to the average salary of employees in the same or similar industry in the previous year where the court where the suit is filed is located. Just show proof of income when claiming missed work time.
(4), transportation, food and accommodation expenses.
The transportation expenses are calculated based on the actual transportation expenses incurred by you and your necessary accompanying persons for medical treatment, accompanying, or transfer to hospital for treatment;
The accommodation expenses are based on the actual accommodation expenses incurred by you and your accompanying persons. Payment of fees;
Hospitalization food subsidy should be calculated based on actual expenditures and costs or actual local living standards;
(5) Disability compensation.
Disability compensation is calculated based on the disability level determined by forensic identification and the living expenses or income standards of the victim’s place of residence or actual residence. According to the local published per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, the calculation is based on twenty years from the date of disability determination.
However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, the calculation will be based on five years;