According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 7 The lost time fee shall be determined according to the lost time fee 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.
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 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.
other terms
According to the Social Insurance Law of People's Republic of China (PRC)
Article 42 If a work-related injury is caused by a third person, and the third person fails to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party.
For the above contents, please refer to Baidu Encyclopedia-the Supreme People's Court's explanation on several issues concerning the application of law in the trial of personal injury compensation cases.
The above contents refer to Fuxin Municipal People's Government-People's Republic of China (PRC) Social Insurance Law.