How to determine the amount of compensation for lost time pay, and how to calculate and compensate f

The amount of compensation for lost time is determined based on the lost time and income status of the parties. The time of the injured person's missed work shall be determined according to the diagnosis and treatment certificate issued by the medical institution that the person concerned receives. If the employee continues to miss work due to disability, the time of missing work may be calculated to the day before the final assessment of disability.

If the party has a fixed 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 20. Lost time pay is determined based on 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.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her 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.

Calculation formula:

1. Those with a fixed income:

Lost time pay = lost time income (days, months, years) * lost time from work.

Note: For those who have a fixed income, the compensation for the loss of lost time shall be calculated according to the actual reduction of the loss. Whether the victim can afford it is a question of enforcement.

2. Those with no fixed income:

Lost time pay = lost time (days) * average income level in the last three years (days).

Note: The victim can prove his or her average income for the last three years.

Compensation standards: 1. Fixed income refers to the wages, bonuses, allowances, subsidies for special types of work and other legal income that should have been received on time by those working in state organs, enterprises, institutions, and social organizations, but were lost due to delays 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; The second is that there are sub-district offices, township people** or relevant certificates, engaged in some kind of labor before the occurrence of medical accidents, and their income can maintain their 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. 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 time pay, it will not be supported.

4. Compensation amount for lost time = lost time Income standard (fixed income reduced by the patient due to lost work).

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 victim's lost time and income.

Calculation formula: Lost time Lost time Lost time earnings.

1. Lost work time.

1) Non-fatal cases: determined by the certificate of lost work issued by the medical institution; In the case of disability, the time lost from work may be calculated to the day before the date of disability based on the appraisal opinion that constitutes the disability.

2) Death case: The lost time of the family can be calculated from the date of death to the date of cremation and burial according to the burial method of the deceased.

2. Income from lost work.

1) Actual income: that is, the amount of stable income such as the wages of the people who have been lost from work.

2) Average income in the past 3 years: the average income of the missing person in the last 3 years. (1 year in some areas).

Good Lawyer Network Reference.

How to calculate the lost time pay, the lost time pay is determined according to the victim's lost time and income status.