If you have to be injured or hospitalized, you can only get paid for lost work?

Lost time pay is generally a compensation item in the case of personal injury compensation, if it is due to the personal injury of others, resulting in the inability to work, regardless of hospitalization, you can claim the loss of lost work, but you must provide evidence to prove that you are indeed unable to work, such as necessary ** in the hospital or necessary ** at home**. You need to get the court's approval for this.

If compensation for personal injury is not compensated, there is generally no such thing as lost time pay. If you need to stop working because of someone else's behavior, you can claim compensation for damages in the same amount as lost time pay, but the name cannot be called lost time pay. The standard of compensation is your actual loss of wages, and you will need to provide evidence to prove how much your lost wages are.

According to you, it doesn't appear that you were hurt by someone else, so your loss should be a loss of wages, not a loss of lost work. Of course, the two are consistent in terms of calculation criteria.

If you do need to go through the relevant procedures due to the injury, you can claim that the other party pay the lost time pay, but you need to provide relevant evidence. It is not necessary to be hospitalized, according to the general principles of civil law, the injured party must compensate for the losses caused by the damage caused by the other party, including the loss of lost work.

You can ask for lost time pay, but it must be due to the fault of the other party and you must go through the relevant procedures, of course, it can only be a reasonable lost time.

Lost time pay can be included, as well as expenses incurred to defend rights.

You can ask for it, because he can't let you go to work, and he doesn't compensate who will compensate him.

Lost time pay. Concept: Lost time pay refers to the loss of wage income or business income due to the victim's personal injury, which makes it impossible to carry out normal work or normal business activities. It is a positive property derogation, which is manifested as an increase in property that should have been increased but not increased.

Your situation does not fall under the category of lost work expenses, but you can strive for a certain amount of financial compensation, in addition to the cost of transportation and accommodation, it should also include part of the loss of expenses, which is based on mutual negotiation.

Legal analysis: If the work-related injury is not hospitalized, there is also a loss of time pay, and the wages during the period of lost work are paid by the employer. Lost time pay is the loss of work due to injury, and if you are not hospitalized but the doctor diagnoses that you need to rest at home, you also need a diagnosis certificate from the attending doctor.

The employer may be required to pay compensation for lost time and to request a suspension of work with pay, but the period of pay shall not exceed 12 months.

Legal basis: Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) When terminating or dissolving the labor contract, the one-time disability employment allowance shall be enjoyed.

Legal analysis: Lost time pay is a separate item, which refers to the work income caused by the accident, and the lost work pay is not limited to the hospitalization period, if you are still unable to work after being discharged from the hospital, then the reasonable lost work period should also be calculated: if you have a fixed income, you will have a fixed income * lost work time; If you have no fixed income, you will be paid the average salary in the last three years*; What cannot be provided by the average wage in the last three years is the average income of employees in the same or similar industries in the region in the previous year * lost time.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases and the Law on the Suitability of Compensation for Personal Injury" Article 20 The compensation for lost time is to be determined on the basis of the victim's lost time and income status, and the lost time is to be determined on the basis of the certificate issued by the medical institution that the victim has 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.

1. If the victim with a fixed income has a fixed income, the compensation for lost work shall be calculated according to the actual reduced income.

2. Where a victim with no fixed income has no fixed income, and it is not possible to provide evidence to prove his 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 location of the court where the lawsuit is filed.