How to calculate the lost time pay after hitting someone

How to calculate lost time pay?

During the period from the injury to the full ** (i.e., lost time), the compensation for the loss or reduction of work and labor due to the inability to perform normal work or labor.

Article 20 of the Interpretation on Compensation for Personal Injuries stipulates that the compensation for lost time shall be determined according to the time of the victim and the status of the recipient. 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. where the victim has no regular income, it is calculated on the basis of his or her average income; Where the victim is unable to provide evidence to prove his or her average income status, 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.

The Interpretation on Compensation for Personal Injuries shall compensate for the actual expenses incurred and the loss of lost work in accordance with the difference in the actual amount. The original Measures for the Handling of Road Traffic Accidents stipulate that the maximum loss of lost work for a party with a fixed income shall not exceed three times the average living expenses of the place where the traffic accident occurred, while the average income of the same industry in the state sector shall be calculated for those without a fixed income. The Interpretation does not set a maximum limit on the loss of lost time pay.

There are two points that need to be clarified that "if the victim has a fixed income, the compensation for lost work shall be calculated according to the actual reduced income":

1.The regular income must be legally proven;

2.The fixed income must be actually reduced by the victim, and if the victim's employer does not withhold or does not fully deduct his income after the victim suffers damage, his lost work expenses shall not be compensated or shall be compensated.

How to determine the compensation for lost time in a traffic accident?

See if there is any responsibility, and refuse to pay if not.

Generally, the formula for calculating lost time pay is: compensation amount = lost time income (days, months, years) and lost time from work.

There are two calculation standards for lost time pay: for those with fixed income, it is calculated according to the actual reduced income; For those with no fixed income, the average income of the last three years shall prevail, and if it cannot be proved that the last three years shall be calculated, the average wage of the same or similar industry at the court seat of the previous year at the conclusion of the debate in the court of first instance shall be the standard.

With regard to lost work expenses, it refers to the compensation given by the responsible party to the recipient of the reduction in accordance with certain standards if the victim who suffers personal injury needs to receive medical treatment to recover his health after the occurrence of a road traffic accident, and the relevant relatives of the person concerned need to participate in the handling of the traffic accident and are unable to participate in work or engage in daily business activities normally.