Current location - Loan Platform Complete Network - Local tax - Zunyi lost time compensation standard
Zunyi lost time compensation standard
Legal subjectivity:

The specific compensation standards for the lost time expenses that the victim should pay are as follows: the lost time expenses are determined according to the lost time expenses and income of the victim; The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.

Legal objectivity:

First, the vehicle lost time compensation standard "patients have a fixed income, according to my fixed income due to the reduction of lost time, the income is more than 3 times the average wage of employees in the previous year, according to 3 times; If there is no fixed income, it shall be calculated according to the average annual salary of employees in the previous year where the medical accident occurred. " The calculation method of lost time is divided into two types according to whether the patient has a fixed income. 1, fixed income refers to legitimate income such as wages, bonuses, allowances and subsidies for special types of work. , should be made by the state organs, enterprises, institutions and social group work personnel on schedule, but due to medical accidents caused by medical delays and losses. Generally, the income certificate and payroll issued by the unit shall prevail, and the bonus shall be calculated based on the per capita bonus of the patient in the previous year, and the bonus tax threshold shall be limited. It should be noted that the income certificates issued by private enterprises such as sole proprietorship enterprises, partnerships, and limited companies with unsound finances, especially the income certificates proving that the patient's "fixed income" is more than three times the average annual salary of employees in the previous year, are not used as the basis for identification alone, but must be combined with the personal income tax payment certificate of the tax authorities and other materials. If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. 2, no fixed income includes two types of people, one is engaged in agriculture, forestry, animal husbandry and fishery production of rural villagers; Second, there are street offices, township people's governments or relevant certificates, who engaged in some kind of labor before the medical accident and whose income can maintain a normal life, including contracted business households, urban and rural individual industrial and commercial households, migrant workers (casual workers, temporary workers) and family laborers. All are calculated according to the average annual salary of employees in the last year where the medical accident occurred. 3. Identification of late working date. According to Article 143 of the Supreme Court's Implementation Opinions on Several Issues, "the date of lost work should be determined according to the actual damage degree, recovery status and reference to the certificate issued by the treatment hospital or forensic identification". The date of missed work consists of two parts: the number of days of hospitalization and the number of days of rest issued by the treatment hospital after discharge. Calculated from the date of the medical accident, it will not be deducted in case of national legal holidays. After the treatment, those who refuse to leave the hospital without justifiable reasons or refuse to rest without relevant certificates will not be counted as lost time. If the medical accident causes the patient to be disabled, the lost time fee will no longer be calculated after the expert appraisal group issues the medical accident technical appraisal book, that is, the lost time fee will no longer be compensated after the disability is identified. 4, patients engaged in a second occupation according to law, the actual reduction of income, should be reasonable compensation. If the patient is a minor, it is not supported to claim compensation for lost time. 5. Calculation of lost time of retirees. In this regard, there is no clear provision in the current national laws, and some local courts also have relevant contents in the "Work Guidance Opinions". For example, the Opinions of the Higher People's Court of Shandong Province on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that the victim is a retiree who is looking for another job, and the income reduced due to missed work shall be treated as follows: if it is clearly recognized by laws and policies, compensation shall be given according to the actual reduced income; If the laws and policies are not explicitly approved or prohibited, compensation shall be made with reference to the original on-the-job wage standard, but if the new income is lower than the on-the-job wage, compensation shall be made according to the new income; In violation of laws and policies, the reduced income will not be compensated. 6. There are some differences between the provisions of the Regulations and the opinions of the Supreme Court. The calculation standard of the former has been mentioned above, while the latter stipulates that the compensation standard of the victim's lost time can be calculated according to the victim's salary standard or actual income. If the victim is a contracted business household or individual industrial and commercial household, the calculation standard of lost time can be determined with reference to the average income of the victim within a certain period. The compensation standard in the Supreme People's Court's Several Opinions is higher than that in the Regulations. As the "Regulations" are only administrative regulations promulgated by the State Council, the people's court may try it according to the General Principles of the Civil Law and Several Opinions of the Supreme People's Court when confirming the amount of compensation. At the same time, hospitals should also pay attention to the special provisions of the higher people's courts in some provinces and cities on the calculation of this compensation amount. 7. Compensation amount for lost time = lost time × income standard (fixed income of patients reduced due to lost time) II. Calculation of lost time in traffic accidents According to the lost time in traffic accidents, the specific number of days of lost time is calculated according to the leave certificate issued by the hospital and the lost time certificate issued by the unit, and then the total income loss during the lost time is calculated by combining the labor contract, salary income certificate and tax payment certificate. Generally, it is calculated according to the average daily wage in the three months before the accident. 1. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the lost time fee is determined according to the lost time fee and income of the victim. 2. The lost time fee shall be subject to the certificate issued by the medical institution. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability. 3. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income; If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim cannot provide evidence to prove his average income in the last three years, it shall be calculated with reference to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. 4. The victim's lost time expenses include but are not limited to wages, "three supplements" (such as meal supplement, car supplement and telephone supplement), bonuses and allowances.