There was a car accident and the wages and bonuses for lost work during the recuperation period aske

Lost work expenses are counted in all losses of the victim (including what ** expenses, nursing expenses, follow-up ** expenses, etc.), after the liability is determined, the perpetrator and the injured party shall bear the responsibility proportionally.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

This involves whether you are injured at work, and if so, you can apply for workers' compensation. If it is infringed by a third party, the third party may also be required to compensate. In the case of a work-related accident, the injured employee may claim both tort damages and work-related injury insurance benefits, but the final compensation or compensation shall not exceed the actual damage suffered.

Generally speaking, the acceptance of compensation can be carried out according to the following procedure: after the occurrence of a work-related accident, the injured employee first receives work-related injury insurance benefits, and then claims tort damages in accordance with the provisions of the Tort Law, but shall deduct the work-related injury insurance compensation he has received.

If you have a car accident, you will have to pay for lost work at home. As long as the hospital can prove that the victim needs to recuperate at home, then the victim will be paid for lost work. The hospital should issue a certificate stating the period of rest to prove that the employee is unable to go to work due to a traffic accident.

What is the scope of compensation for lost time expenses?

The scope of compensation for lost time is actually the scope of lost time loss. It refers to the loss of income caused by the victim's inability to perform normal work or labor due to temporary loss or reduction of the ability to work.

The main manifestations are the loss of real income suffered as a result of the inability to perform the original job or labour, and the loss of income suffered as a result of the loss of a definite job opportunity, as well as the related expenses incurred by the victim to avoid the loss of income.

In judicial trial practice, in order to enable the victim to maintain the basic income status during the first period, the loss of lost work is generally determined to be the overall income status of the victim, and the remuneration of the labor contract based on one time and one place should not be recognized as the loss of lost work. However, if this kind of temporary and random labor income constitutes the main income of the victim, due to the irregular nature of such income, such a victim should be determined as a person with no fixed income, and calculated according to the standard for calculating the loss of work expenses of a person with no fixed income.

[Laws and Regulations].Article 7 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.

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 is unable to present evidence to blindly ascertain 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.