What is the standard of taxi lost time in Jingzhou in traffic accidents?

1. What is the standard for Jingzhou taxis to lose time in traffic accidents?

According to the standard of the lost time for taxis in traffic accidents in Jingzhou, the lost time should be compensated by multiplying the victim's fixed income by the lost time. Compensation for lost time should be divided into two situations: fixed income and no fixed income. For victims who have no fixed income, the income level of the last three years should be taken as a reference. According to the fixed income that I should be unemployed.

The calculation method of time lost in work-related injuries can be divided into two categories according to whether the patient has a fixed income. "Patients with fixed income, calculated according to the fixed income reduced due to missed work, whose income is more than three times the average salary of employees in the previous year, shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees in the previous year when a medical accident occurred. "

1. Fixed income refers to lawful income such as wages, bonuses, allowances and subsidies for special jobs. , which should have been obtained by state organs, enterprises and institutions and social group work personnel on schedule, but lost due to work delay caused by medical accidents. Generally, the income certificate and payroll issued by the unit shall prevail, and the bonus shall be calculated according to the per capita bonus of the patient in the previous year. If the bonus tax threshold is exceeded, it shall be limited to the threshold. It should be noted that the income certificates issued by private enterprises such as sole proprietorship, partnership, limited company and other financially unsound enterprises, especially those that prove that the patient's "fixed income" is more than three times the average annual salary of employees in the previous year, can only be recognized if it is not taken as the basis for recognition alone, and must be combined with the personal income tax payment certificate of the tax authorities and other materials. If the victim can't prove his average income in the last three years, he can refer to the average salary of employees in the same or similar industries where the court of appeal is located in the previous year.

2. There are two types of people without fixed income. One is that rural villagers are engaged in agriculture, forestry, animal husbandry and fishery production; Second, there are street offices, township people's governments or relevant certificates, who engaged in some kind of work before the medical accident and whose income can maintain their normal life, including contractors, urban and rural individual industrial and commercial households, migrant workers (temporary workers, temporary workers), family laborers, etc. Calculated according to the average annual salary of employees in the previous year when medical accidents occurred.

3. Identification of lost working date. According to Article 143 of the Supreme Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law: "The date of disability should be determined according to the actual degree of damage and recovery by referring to the certificate issued by the treatment hospital or forensic identification." The date of missed work consists of two parts: the number of days in hospital and the rest days issued by the treatment hospital after discharge, which are calculated from the date of the medical accident and will not be deducted in case of national legal holidays. If you refuse to leave the hospital without justifiable reasons or rest without relevant certificates after treatment, you will not be charged for lost time. If the medical accident causes the patient to be disabled, the lost time fee will not be calculated after the medical accident technical appraisal book is issued by the expert appraisal group, that is, the disabled person will not compensate for the lost time fee after being disabled.

II. Calculation formula of time compensation for work-related injuries in traffic accidents

According to this regulation, the calculation formula of time compensation can be expressed as:

Compensation amount for lost time = lost time income (days/months/years) × lost time

(1) Determination of "lost work and income". Because of the different working conditions of the victims, the determination of income can be divided into two situations: one is how to determine the income reduced by losing the job when there is a fixed income; Second, in the absence of fixed income, how to determine income and income reduced by unemployment.

② determination of "lost time". The time of loss is determined according to the certificate issued by the medical institution where the victim receives treatment; If the victim continues to lose his job due to injury and disability, the lost working time can be calculated as the income of the day before the disability is fixed.

the victim has a fixed income

if the victim has a fixed income, the amount of compensation for lost work shall be calculated according to the actual reduced income. The calculation formula is:

compensation amount for lost time = actually reduced income =

the victim's normal labor (work) income-labor (work) income after the accident. The above calculation formula can also be expressed by related symbols, such as: p = a-b.

where P= compensation amount for lost time;

A= the victim's normal labor (work) income;

B= labor (work) income after accident injury.

in this formula, only in B. can a civil subject who has no job claim the lost time in a traffic accident even if he loses his income. If there is a traffic accident in Jingzhou, the victim may have a fixed income before, or only sporadic income. At this time, it is necessary to pay a certain amount of lost time to the victim according to the standard of lost time for Jingzhou taxis in traffic accidents.

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