How to calculate the compensation standard for lost time in traffic accidents

Compensation amount for lost time in traffic accidents = victim's fixed income (days, months, years) and lost work time.

According to 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, the compensation for lost time is determined according to the time of the victim's lost work 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.

Compensation for lost time in traffic accidents is one of the many compensation expenses after a traffic accident. Lost time pay refers to the loss of wage income or business income due to the victim's inability to perform normal work or normal business activities due to personal injury. It is a positive property derogation, which is manifested as an increase in property that should have been increased but not increased.

Criteria for determining lost time pay in traffic accidents: Compensation for lost work is based on the actual loss of income caused by the victim's injury. The specific amount of lost work shall be confirmed according to the corresponding proof of lost time issued by the medical institution accepted by the victim and the proof of income provided by the victim.

Legal basis] "Supreme People's Court on the Trial of Personal Injury.

The compensation standards for lost time in traffic accidents are as follows:

If there is a fixed income, the compensation for the loss of lost time expenses shall be calculated according to the actual reduction of losses;

If the victim has no regular income, the victim can prove his average income in the last three years, and multiply the average income level of the last three years, such as lost time pay;

The compensation rates are as follows.

If there is a fixed income, the compensation for the loss of lost time expenses shall be calculated according to the actual reduction of losses;

If the victim has no regular income, the victim can prove his average income in the last three years, and multiply the average income level of the last three years, such as lost time pay;

If there is a fixed income, the compensation for the loss of lost time expenses shall be calculated according to the actual reduction of losses; If the victim has no regular income, the victim can prove his average income in the last three years, and multiply the average income level of the last three years, such as lost time pay;

After a traffic accident, if the traffic accident causes injuries and the injured person needs to be hospitalized** or recuperate at home, then the amount deducted by the unit during the period when he cannot go to work is the relevant salary flow. If the tax has been proven, the amount of income certified shall be deemed to be the lost work expenses during the working period.

The standard of compensation should be based on his income standard, and if he has a work unit, he needs to issue an income certificate from the work unit. If there is no workplace, the compensation for lost work is determined according to the income of the residents of the province.

In the event of a traffic accident, in addition to the normal compensation for vehicle repairs, if the party who is not responsible also claims compensation for lost work, the two parties can negotiate to settle it.

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.

Lost time pay with a fixed income is calculated according to the actual reduced income, and if there is no fixed income, it is calculated according to the average income of the last three years.

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 stipulates that the compensation for lost time shall be determined on the basis of the victim's lost time and income. 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 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 limb industry in the previous year at the location of the court where the lawsuit is filed.