How to calculate the lost time pay for self employed people, and how to calculate the lost time pay

Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that the compensation for lost time shall be determined according to the time of the victim's lost work and the status of the recipient.

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. If the victim has a fixed income, the compensation for lost work shall be calculated according to the actual reduction in the number of employees. If the victim has no fixed income, it is calculated on the basis of the average income of the victim in the last three years;

Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

The standard in Inner Mongolia in 2014 was 101 yuan per day.

The average salary for the last three years.

Legal analysis: The lost work expenses of self-employed households with no fixed income in traffic accidents shall be calculated according to the following methods: if the self-employed households can provide evidence to prove their income in the last three years, if they can provide evidence to prove their income in the last three years, they shall be calculated according to the average wage of the same industry in the local area.

If the victim is unable to 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 location of the court where the lawsuit is filed in the previous year, and the calculation formula is: the labor (work) income (year) of the victim in the case of normal decay and disturbance, and the average salary of the employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year.

Legal basis: Article 50, Paragraph 2 of the Regulations of the People's Republic of China on the Handling of Medical Accidents: If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average annual salary of the employee in the previous year in the place where the medical accident occurred, the fixed income shall be calculated according to 3 times, and the average annual salary of the employee in the previous year in the place where the medical accident occurred.

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Lost time pay is calculated based on your average earnings for the previous 12 months.

If a child breaks his lower leg while playing in the playground, the playground is fully responsible, how to compensate?

You can claim your child's medical expenses, nursing expenses, and caregiver lost time pay.

How are these fees calculated?

Is there a standard?

Medical expenses are the actual medical expenses.

It is all determined on a case-by-case basis.

If you hire a caregiver, the nursing fee is the cost of hiring a caregiver.

How is the cost of nursing care calculated?

Family care is the cost of lost work for the family.

Are there any other fees?

If the other party is willing to be private, you can also claim moral damages.

There is also no clear rule on the amount you can make based on the injury.

Okay thank you. You're welcome.

Legal analysis: The lost time allowance of self-employed households with no fixed income in traffic accidents shall be calculated according to the following methods: if the self-employed households can provide evidence to prove their income in the last three years, and if they can provide evidence to prove their income in the last three years, they shall be calculated according to the average wage of the same industry in the local area.

If the victim is unable to provide evidence to prove his average income in the last three years, he or she may refer to the average annual wage of employees in the same or similar industry at the location of the court where the lawsuit is filed, and the calculation formula is: the victim's normal labor (work) income (year) and the average salary of employees in the same or similar industry in the same or similar industry at the location of the court where the lawsuit is filed in the previous year.

Legal basis: Article 50, Paragraph 2 of the Regulations of the People's Republic of China on the Handling of Medical Accidents: If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average annual salary of the employee in the previous year in the place where the medical accident occurred, the fixed income shall be calculated according to 3 times, and the average annual salary of the employee in the previous year in the place where the medical accident occurred.