On the issue of compensation for pedestrian and vehicle accidents, how to compensate for the loss of

The period of lost work is determined according to the period of medical hospitalization of the person entitled to compensation, and the number of days of rest recommended by the medical or appraisal institution.

Lost time pay is the period of lost work multiplied by the fixed daily income of the lost worker. If a self-employed household can prove its fixed income, it shall be calculated according to its fixed income, and the main evidence is bank statements. If the proof is not reached, it will be calculated according to the same industry standard.

Compensation for lost time is generally in accordance with the standard provided for in 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.

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.

For self-employed individuals, the compensation for lost work shall be calculated according to the average local wage, and for those with a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than 3 times the average salary of the employee in the previous year where the medical accident occurred, it shall be calculated according to 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where the medical accident occurred. There are two ways to calculate lost time pay according to whether the patient has a regular income or not.

1. Fixed income refers to the salary, bonus, allowance, subsidy for special types of work and other legal income that should have been received on time by personnel working in state organs, enterprises, public institutions, and social organizations, but were lost due to medical accidents 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. It should be noted that private enterprises such as sole proprietorships and partnerships, as well as financially unsound ****, especially income certificates that prove that the patient's "fixed income" is more than 3 times the net reputation of the average annual salary of employees in the previous year, shall not be used as a separate basis for identification, and can only be determined in combination with the individual income tax payment certificate and other materials of the tax authorities.

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.

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.

1. Determination of the date of lost work.

According to Article 143 of the Supreme Court's "Opinions on Several Issues Concerning the Implementation of the Implementation", "the date of lost work shall be determined according to the actual degree of damage, recovery status and with reference to the certificate or forensic appraisal issued by ** hospital", the date of lost work is composed of two parts: the patient's hospitalization days and the number of days of recuperation issued by ** hospital after discharge, which is calculated from the day of the medical accident and is not deducted in case of national statutory holidays. **After the termination, those who refuse to leave the hospital without justifiable reasons or recuperate without relevant certificates will not be counted as lost time pay. If the medical accident causes the patient's disability, the lost work expenses will not be calculated after the expert appraisal team issues the "Medical Accident Technical Appraisal", that is, the disabled person will not be compensated for the lost work expenses after Li infiltrates the disabled person.

The compensation for lost time is determined based on the actual losses suffered, so the parties must submit the proof of lost work in accordance with the relevant laws and regulations, especially if the disability is caused, the parties need to be appraised according to the results of the disability appraisal, and finally the legal compensation is made according to the appraisal level standard.