-
1. Compensation for lost time is determined on the basis of the victim's lost time and income.
2. The time of missing work is determined on the basis of the certificate issued by the medical institution that the victim accepts, and the time of missing work due to the victim's disability and continuous missed work can be calculated until the day before the date of disability.
3. The victim's compensation for lost work with a fixed income is to be calculated on the basis of the actual reduction of Wang's income.
4. Where the victim has no regular income, it is calculated on the basis of his average income in the last three years. Where the victim is unable to provide evidence to prove the average income of 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 standard of compensation for lost time pay:
2. If there is no fixed income or contracted business households, self-employed Shensen merchants, refer to the average income of the previous year or the average income of the local industry and the same type of work, and the same labor force. If the actual income is more than three times the average living expenses of local residents, it will be calculated as three times.
-
Legal Analysis: The compensation standard for lost time expenses for personal injuries caused by traffic accidents is determined according to the victim's lost time and income status. The lost time shall be verified according to the certificate issued by the medical institution or judicial appraisal issued by the victim **.
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 according to the actual reduced income; Where the victim has no regular income, it is to be calculated on the basis of his or her average income for the three years in which he or she has recently been examined; 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 province where they are located in the previous year.
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 9 Where an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.
-
Lost time pay refers to the actual loss of income due to the inability to perform normal work during the period (lost time) that the compensation obligor should pay to the compensation right holder.
Article 119 of the General Principles of the Civil Law of the People's Republic of China stipulates that if a citizen infringes upon his or her body and causes injury, he shall be compensated for medical expenses, income lost due to lost work, living allowance for the disabled, and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid.
Calculation of lost time pay: 1. If there is a fixed income: lost time pay = lost work income (days, months, years) * lost work time.
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. No fixed income: The victim can prove his average income in the last three years: lost work pay = lost work time (days) * average income level in the last three years (days).
Legal analysis: The standard of compensation for employees in bankruptcy of an enterprise is calculated according to the number of years the worker has worked in the unit, and the standard of one month's salary is paid to the worker for each full year. >>>More
Apply for work-related death first, and ask for funeral expenses, pensions, and a one-time work-related death allowance. The standard of funeral expenses is 6 months' average monthly salary of employees in the overall area where the unit is located in the previous year. >>>More
The milk tea franchise industry, an emerging industry that has grown rapidly in recent years, its development and growth is obvious to all, and the milk tea franchise store industry has become a very hot industry today, and has become a popular investment and entrepreneurship project. >>>More
The posture of the players in the billiards game is very standard, learn their posture and style of play. >>>More
If a party escapes after a traffic accident, the party who escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. >>>More