We know, after should producing traffic accident. Need has relevant responsibility person compensatory. And in the project in compensation, one calls delay one's work cost. So if we want to recoup cost of delay one's work, the delay one's work that how long should compensate for is expended? Gaoya of office of attorney of Chongqing classics coronal's lawyer is analytic.
One, traffic accident delay one's work expends compensate how long
By accident how much day presses how much day to calculate, this is not secured.
1, time of delay one's work needs to issue relevant proof to decide by remedial medical establishment. Because the injury sends incomplete to last of delay one's work, time of delay one's work can be calculated to the day that decide incomplete before today.
2, time of delay one's work and income state determine basis of need of cost of delay one's work. Have fixed income, cost of delay one's work is calculated according to the income with real little slowdown; Do not have fixed income, according to its average income of 3 years is calculated finally.
3, victim cannot of the average income state that quote proves its are the closest 3 years, can consult suffer accuse forensic seat or accident happening ground are same or the average wage computation of worker of on close industry one year.
4, the computational formula that delay one's work expends indemnity can state for: Delay one's work expends time of delay one's work of X of income of indemnity = delay one's work.
2, how is the cost of traffic accident delay one's work that did not work formally calculated
Cost of delay one's work is pointing to is after showing road transportation accident happens, the victim that suffers person to damage needs to accept make a diagnosis and give treatment in order to restore health, and the processing that the relevant relative of party needs to attend traffic accident, cannot have a job normally or undertake daily management activity, create economic income because of this decrease, the compensation that offers to this reductive income according to certain level by the one party that has responsibility.
Only evidence asks: The hospital opens sick leave to prove income proves census register proves Id photocopy.
1, the victim has fixed income, the compensation that delay one's work expends ought to break computation according to the actual damage of its income. The allowance that secures income to include salary, bonus and national provision, subsidiary, but the accessorial cost that does not include special type of work in production, should be with pay taxes detailed list according to. The income that the victim needs to offer before getting hurt 3 months proves the income during reaching delay one's work proves.
2, the victim does not have fixed income, according to its average income of 3 years is calculated recently; Victim cannot of the average income state that quote proves its are the closest 3 years, can consult suffer accuse forensic seat is same or the average wage computation of worker of on close industry one year. In this cent on the dot the following kinds of circumstances:
(1) have permanent occupation but did not secure income, the victim provides the data that can prove its pursue a trade. If the taxi driver wants to come to what compensate delay one's work expends by service line of business, want to provide service qualification evidence.
(2) work to did not secure income relatively in the private enterprise, the victim offers delay one's work to prove is write on common A4 paper on income card is built on official seal, whether does the amount that should note income when examine and verify accord with an industry actual, insurance company recognizes lunar income only 1200 yuan the following. Be more than 1200 yuan to income of month of claim for compensation, the payroll that needs to offer before getting hurt 3 months or unit send the affix one's seal of detailed list photocopy that puts wage.
(3) the victim cannot provide a:appellant data, come by town or rural number of households and total population the compensatory standard that delimit delay one's work expends.
(4) the level of delay one's work that reachs number of households and total population of strong danger case or village of middle peasant of other difficulty case can consult farming, forest, the standard compensate of stock raising pays; Town dweller is highest do not exceed worker of on one year average wage.
3, the victim already retired or leave his post, be in those who seek job additionally, can offer pay taxes detailed account, answer to pay with actual reductive. Average retiree age is 60 one full year of life maly, it is 55 one full year of life femaly.
4, the victim needs to rest because of the illness, underwriter but according to seeing a doctor the hospital gives the proof that occupy, but appropriate allowance.
5, medical establishment of basis of time of delay one's work seeing a doctor gives the medical treatment that occupy to diagnose a proof, consult Chinese the Ministry of Public Security releases " person caustic gets hurt criterion of assess of loss of staff delay one's work " , again the anamnesis record of the person that the basis is hurt, can increase appropriately or decrease, but final and authorized date cannot the time of delay one's work that diagnostic proof of over medical treatment opens the time that give or the court decides. Caustic of medical treatment nucleus member decide hard to time of delay one's work in nuclear caustic, specified amount of compensate Fu Jin is huge, can offer the appraisal of time of delay one's work to orgnaization of appraisal of relevant medical treatment.
6, standard of cost of delay one's work is with what door of the Ministry of Communication will announce every year on May 1 accurate. In solving the 20th according to highest judicatory, set, delay one's work expends can consult suffer those who appeal to forensic seat standard of pay of on one year, we pay Shi Kegen to occupy the salary standard that mediates the on one year of time of end a case to decide in compensate. (note: The insurance contract that this standard points to to be signed after May 1, 2004) .
The proof that traffic accident delay one's work expends time of the delay one's work in manage compensate to accept remedial medical establishment to issue according to the victim is definite. The victim sends incomplete to last because of the injury of delay one's work, time of delay one's work can be calculated to the day that decide incomplete before today.
Gaoya's lawyer is compensatory:
3, the compensation that traffic accident delay one's work expends
Cost of delay one's work is a victim from suffer harm to arrive to cure this completely between first phase inside (namely time of delay one's work) , because cannot pursue regular job,perhaps work and be lost or the compensatory fee that reductive job, labor collects a person.
" person damages explains " the 20th regulation: Cost of delay one's work is mixed according to time of delay one's work state stopping a person is certain. The proof that remedial medical establishment accepts to issue according to the victim between man-hour by accident is definite. The victim sends incomplete to last because of the injury of delay one's work, time of delay one's work can be calculated to the day that decide incomplete before today. The victim has fixed income, cost of delay one's work is calculated according to actual reductive income. The victim does not have fixed income, according to its average income is calculated; Victim cannot quote proves its accept person condition on average, can consult suffer accuse forensic seat is same or the average wage computation of worker of on close industry one year. " person damages explains " the charge to actual expenses and loss of delay one's work, occupy the method of real compensation according to balance. Former " method of road transportation trouble removal " in the loss of delay one's work that sets the party that has fixed income is highest cannot exceed traffic accident to produce the ground average living cost 3 times, and calculate without the average income that secures the person that stop a person to press course of study of state-operated person of the same trade. " explanation " do not set ceiling to loss of cost of delay one's work.
Gaoya's lawyer, be graduated from university of northwest politics and law, have strong law knowledge handles a case with what abound experience, be good at case of accident of marital housekeeping, traffic. Hold to " the diligence that respect property, honest credence " . Be willing to establish good cooperative relationship with you, provide efficient, excellent law service for you with his knowledge wholeheartedly.
