In the event of an accident, how is lost time pay calculated?

How to determine the compensation for lost time in a traffic accident?

Lost time pay is calculated according to the actual loss, that is, the victim actually suffered a loss in the traffic accident, and the lost time pay is calculated according to the amount.

To put it simply, there is a general formula for the calculation of lost time pay: compensation amount of lost time pay = lost time earned time.

Among them, there are two types of lost work pay, and because the situation of each victim is different, the standard of lost work pay is also different. There are two types of lost work income: fixed income and no fixed income, the former compensation for lost time is equal to the victim's normal labor income minus the victim's labor income after the accident; The compensation for lost time is equal to the average earnings of the last three years 3 - income from labor (work) after an accident injury.

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Legal analysis: If the victim has no regular income, it is calculated according to his average income in the last three years. Where the victim cannot provide evidence to prove his average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

If the victim has a regular income, the compensation for lost work shall be calculated according to the actual reduced income.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 7: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.

Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

The calculation method of lost time pay is divided into two types according to whether the patient has a fixed income: 1. The fixed income of the Chinese ethnic group refers to the salary, bonus, allowance, subsidy for special types of work and other legal income that should be obtained on time by the personnel working in state organs, enterprises, institutions, and social organizations, but are lost due to the delay in work caused by medical accidents. Generally, the income certificate and salary schedule issued by the unit shall prevail, and the bonus shall be calculated based on the patient's per capita bonus of the previous year, and the threshold shall be limited if the bonus tax threshold is exceeded.

2. There are two categories of people without fixed income: one is rural villagers engaged in agriculture, forestry, animal husbandry and fishery production; Second, if you have a sub-district office, a township or a person who has a relevant certificate, and is engaged in some kind of labor before the occurrence of a medical accident, and whose income can maintain her normal life, including contracted business households, urban and rural individual industrial and commercial households, migrant workers (casual workers, short-term workers, temporary workers), family labor service personnel, etc. It is calculated according to the average annual wage of employees in the previous year where the medical accident occurred. 3. Determination of the date of lost work.

4. If the patient engages in a second occupation in accordance with the law, he or she shall be reasonably compensated for the actual loss of income. If the patient is a minor and has no labor income and claims compensation for lost work expenses, it will not be supported. 5. Calculation of lost work expenses for retirees.

In this regard, the current laws of the country do not clearly stipulate this, and some local courts have relevant content in the "Work Guiding Opinions". 6. There are certain differences between the provisions of the Regulations and the Several Opinions of the Supreme Court. The calculation criteria for the former have been described above, while the latter is specified as follows:

The standard of compensation for the victim's lost work expenses may be calculated according to the victim's wage standard or the amount of actual income. 7. Compensation amount for lost time = lost time Income standard (fixed income reduced by the patient due to lost work).