How to calculate the loss of work in a crash
In recent years, traffic accidents have occurred frequently, and the issue of compensation for lost work has become a hot topic. Many car owners and injured people have questions about the calculation standards for lost work. This article will analyze the calculation method of crash loss fees in detail based on the hot content of the entire network for the past 10 days, and provide structured data for reference.
1. Legal basis for lost work fees
According to the "Road Traffic Safety Law of the People's Republic of China" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases", loss of work refers to the income reduced by the victim's inability to work normally due to traffic accidents. The calculation of lost work expenses must be combined with factors such as the victim's actual income, lost work time and industry standards.
2. Calculation method of loss of work
The calculation formula for loss of work is:Loss of work fee = Loss of work time × Income standard. The following is the specific calculation method:
| Calculation factors | illustrate | Example |
|---|---|---|
| Loss of work time | The certificate issued by the medical institution shall prevail, usually the treatment period and the recovery period | The injured person rests for 30 days |
| Income standard | If there is fixed income, it shall be calculated based on actual income; if there is no fixed income, it shall be based on the industry or local average salary | Monthly salary is 8,000 yuan, and the average daily income is about 267 yuan |
| Total loss of work | Loss of work time × average daily income | 30 days × 267 yuan = 8010 yuan |
3. Frequently Asked Questions about Compensation for Work Loss Fees
1.How to calculate no fixed income?For freelancers or those without fixed income, you can refer to the local average salary of the same industry or the average salary of employees in the previous year.
2.How to prove the loss of work time?You need to provide medical leave certificates, diagnosis documents and other materials issued by the hospital, otherwise you may not be able to obtain full compensation.
3.Does the insurance company pay the full amount?Loss of work fees fall within the scope of compensation for compulsory motor vehicle insurance and commercial insurance, but the specific compensation ratio must be determined based on the insurance terms and division of accident liability.
4. Dispute case of loss of work
In a recent popular case, a delivery rider was injured in a car accident and a claim for lost work has caused controversy. The average daily income of riders is about 300 yuan, but the insurance company only compensates according to the local minimum wage standard (about 100 yuan per day). The final court ruled to pay compensation based on actual income, highlighting the importance of proof of income.
| Case type | Controversy point | Verdict result |
|---|---|---|
| High-income groups | Income proof authenticity | Bank statements or tax proof are required |
| Freelancer | Industry Standard Certification | Refer to the average income of the same industry |
| Long-term missed work | Reasonable period of recovery | Medical institutions need to issue a certificate of long-term rest |
5. How to maximize compensation for lost work expenses?
1.Retaining proof of income:Wage bills, bank statements, labor contracts, etc. 2.Improve medical records:Ensure that the hospital issued a detailed and clear work loss certificate. 3.Consult a professional lawyer:Complex cases can seek legal help to improve the success rate of claims.
Summarize
The calculation of the loss of work expenses for crashes must be based on legal basis and actual conditions. The victim should fully prepare supporting materials to avoid the reduction of compensation due to insufficient evidence. If there is a dispute, you can protect your rights and interests through legal means.
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