How to calculate lost wages after a car accident
Recently, the discussion about traffic accident compensation has been hot on social media, especially the calculation of lost wages has become the focus. This article will combine hot topics and actual cases on the Internet to analyze in detail the calculation method of lost work pay after a car accident, and provide structured data for reference.
1. Legal basis for lost work pay
According to Article 1179 of the Civil Code of the People's Republic of China, those who infringe upon others and cause personal damage shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment and recovery, as well as the loss of income due to missed work.
| Compensation items | Legal basis | Description |
|---|---|---|
| Lost work fee | Article 1179 of the Civil Code | Actual loss of earnings due to injury |
| calculation standard | Judicial Interpretation of the Supreme People's Court | Calculated based on actual reduced income or industry average salary |
2. Calculation method of lost work costs
The calculation of lost work pay mainly involves three key factors: lost work time, income status and evidentiary materials.
| calculation factors | Calculation formula | Example |
|---|---|---|
| Have a fixed income | Daily wage × number of days lost from work | Monthly salary 6,000 yuan, if you miss 30 days of work, you will be compensated 6,000 yuan |
| no fixed income | Average income in the past three years÷365×number of days lost from work | The average annual income is 50,000 yuan, and if you miss 60 days of work, you will be compensated 8,219 yuan. |
| Unable to prove income | Average salary in the same industry in the location of the court being sued | The average daily wage in the same industry in the local area is 200 yuan, and if you miss 45 days of work, you will be compensated 9,000 yuan. |
3. Popular case references
Recently, a court in a certain locality ruled on a case involving lost wages for online ride-hailing drivers, which has attracted widespread attention:
| Case characteristics | Judgment | social response |
|---|---|---|
| Online ride-hailing drivers earn 12,000 yuan a month | Compensation for lost work for 90 days is RMB 36,000 based on actual turnover | Rights and interests of platform economy practitioners attract attention |
| Freelancers lack tax payment certificates | Calculated based on average wages in local service industry | New employment forms, workers’ protection spark heated discussion |
4. Things to note when claiming lost wages
1.Get evidence in time: Keep hospital diagnosis certificates, leave slips, income certificates and other materials
2.reasonable period: Generally calculated to the day before the scheduled disability date, with a maximum of no more than 20 years
3.special circumstances: Retirees, housewives, etc. can also claim damages for lost work time
4.Negotiation skills: It is recommended to handle it through traffic police mediation or professional lawyer assistance.
5. The latest focus of controversy
The most popular issues recently discussed on social platforms:
• How do flexible employees prove their income level?
• Loss of work standards for emerging professions such as network anchors
• Whether mental health recovery periods count towards lost time from work
In summary, the calculation of lost wages needs to be based on the circumstances of each case. It is recommended that victims collect evidence in a timely manner and seek legal help when necessary. As employment forms diversify, relevant compensation standards will continue to improve.
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