How to calculate the compensation for injuries caused by others

Mondo Social Updated on 2024-02-26

Lost time pay refers to the actual loss of income due to the victim's inability to perform normal work during the period of lost work from injury to recovery. Article 1179 of the Civil Code providesIf the person infringes on the personal injury of another person, he shall compensate for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated. When the victim is injured, he has the right to claim the corresponding compensation from the compensation obligor, so how to determine the actual amount of compensation and time for lost work?

First of all, the basis for compensation:

1. Those who have a fixed income, please ask the relevant unit to issue a certificate of fixed income. If no relevant proof can be issued, the compensation for lost time shall be handled as having no fixed income and the average income of the last three years cannot be proven, that is, it shall be calculated according to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year.

2. Those who have no fixed incomeCalculated on the basis of their average income in the last three years, where the victim is unable 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 in the previous year.

Secondly, lost time:

If the victim continues to miss work due to disability caused by injury, the lost time can be calculated from the date of the infringement to the day before the date of disability (the date on which the disability level is made). The requirement for a disability assessment is that after the end of the medical treatment period, the condition no longer needs to continue** or the patient's condition has been stable for a period of time and will not change again.

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