Lost income is calculated compensation cases where traffic is relatively easy from the controversy, how to prove loss of working time is particularly important. First, let's look at the law of loss of working time fee calculation rules. "Supreme People's Court on the trial of personal injury compensation cases apply to a number of issues of interpretation" of Article XX, lost income determined according to the loss of working time and income victims. Loss of working time is determined by the proof of the victim receiving treatment issued by medical institutions. Victims of the continuing loss of disabling injury, loss of working time can be calculated to set the day before the residue.
Victims of a fixed income, loss of working time reduction in fees based on actual income. Victims have no fixed income, in accordance with its past three years the average income; the victim can not adduce evidence to prove its last three years the average income of the average wage can appeal the court on the same location or a similar industry employees calculated by reference to that year .
Lost income is the property of the victim due to the loss of personal injury, delay the work and formation. Loss of working time is an indirect loss, damage compensation for lost income is a loss of the victim's conduct that is the victim of legal remedies have been injured due to not go to work but can not get remuneration formed. Compensation for victims of loss of working time that is embodied in the civil law of tort law principles to fill the victim's loss. There are two parameters to determine the lost income, loss of working time one, one victim's income. About loss of working time, "explain" this into a non-persistent and persistent two kinds. Unsustainable loss of working time is determined to prove the victim being treated according to medical institutions. Persistent loss of working time should be calculated to a given day before the residue. That is the work of the injured day delay will be disabled to play the day before. After setting the compensation residual disability compensation that is no longer compensate for lost income. If the victim died in the course of treatment, loss of working time shall be calculated from the beginning to the infringement, when the death of the victim to stop.
Evidence that the time is proof of medical treatment, such as discharge summary, to prove how long hospitalization, hospitalization time is loss of working time, or your doctor to determine the rest period is missed work time, or the hospital diagnosed patients have been cured of time. Constitute disabilities, by disability rating testimonials indicate the date fixed residual OK. Time of death also proved by the hospital instruments.
On income, loss of working time, although indirect losses, but it itself is a real loss, so for a fixed income, should actual remuneration or other forms of income to reduce the victim's actual calculations. In China, the general revenue is based on the proof of the victim's work unit issued by the financial sector, may be supplemented by additional payroll over the same period in previous years, the victim, the victim of several confirmed income. With the sound, the victim's personal income tax system may also be provided to demonstrate the actual income tax bill. In addition to remuneration, other forms of income need to be demonstrated by appropriate evidence. These revenues are issuing authority can prove practical reasons and the amount of income paid and time. Victim advocates income, but the lack of evidence or proof of the lack of authority, the judge can not be identified.
For non-fixed income, "interpretation" provides for two ways, first, the burden of proof to determine the income calculated according to the victim standards; the second is calculated according to the average annual income of local one. Calculated in real income per unit of time multiplied by the loss of working time, or the average revenue (or a similar industry average annual wage of workers) multiplied by the loss of working time. The law is the average income of the previous three years, so the victim needs to prove that the first three years of all income sources and amounts. A variety of different methods of proof of income, than the victims of the most authoritative recent years to pay personal income tax, the income can be identified as described above, the actual income. Parties claim the first three years of income, each must have a corresponding written material to prove otherwise, even if indeed there is a loss because of a lack of evidence and lack of support. If the victim can not prove their income or evidence not followed the court, the court may be calculated based on the previous year on the same or similar local industry average annual wage of workers. It should be noted, litigation injured outsiders location, location criteria can only be calculated by the Court of Appeal, otherwise injured in the same accident who lost income results will have a greater difference.
Revenue in the present case the victim was the driver in the private sector run transport of reward, this industry's workload and remuneration according to the driver to determine my actual working conditions, typical of the situation there is no fixed income, proof of evidence provided to victims Just two months before the income, can not prove that the average income of the previous three years, the court shall not be accepted is correct. Wang can not prove their average income of the previous three years, the court adopts the standard local transportation industry average salary for lost income.
