The identification standard of lost time in traffic accidents in Ningxia is mainly based on the certificate issued by the medical institution where the victim is treated. If the victim continues to lose his job due to injury and disability, the lost working time can be calculated to the day before the fixed disability. Judging from judicial practice, most of the judgments of people's courts on lost time expenses come from judicial expertise. Therefore, even if there is a doctor's advice on XX days' rest on the discharge certificate, it is suggested that the victim take this doctor's advice as identification material and send it to a forensic appraisal institution with judicial appraisal qualification to conduct forensic appraisal on the items that need to be identified, such as lost time and so on.
According to the above judicial interpretation, the compensation for lost time in traffic accidents can be divided into the following situations:
1. Through forensic identification, the victim was determined to be disabled. In view of this situation, the lost time fee can only be calculated on the day before the assessment of disability, which is embodied in the day before the date and time are stamped on the appraisal book by the judicial appraisal institution. For example, a traffic accident occurred on 65438+ 10/month 1 day, and the forensic doctor identified the victim on 1 day. On April 5, the forensic forensic forensic appraisal agency made a forensic forensic forensic appraisal conclusion, and the conclusion was that "the victim was injured in a traffic accident and lost his ability to work for six months, and his injury constituted a level 10 disability". Therefore, the calculation time of lost time cannot be calculated in six months, and it can only be calculated from 1 to April 4. The judicial interpretation makes this provision because after the victim's disability is recognized, he can get disability compensation for his disability. In the case of disability compensation, the damage result of disability has been compensated, and there will be no time loss.
However, the lawyers in the Traffic Accident Division think that this provision is unreasonable. For example, in a traffic accident, the victim was identified as a 10-level disability and lost his work for 6 months, which is equivalent to the loss of 10% of his work ability. At the same time, the victim lost 65,438+00% of the working ability during the 6-month delay period, resulting in 65,438+000% of the working ability of the victim being invalid (for example, the victim with leg fracture cannot move freely and cannot work at all). During these six months, the victim was unable to work or get paid. If the fixed disability time is earlier than 6 months, the plaintiff only receives 10% of the disability compensation for the loss of working ability after the fixed disability, while it is obviously unreasonable to compensate the other 90% of the plaintiff's loss of working ability before 6 months.
At the same time, this leads to another problem. When is the appropriate time for forensic identification? The closer to the date of injury, the worse the victim's recovery and the greater the possibility of disability assessment. However, the calculation time of lost time is likely to be less than the actual lost time. However, the farther away from the date of injury, although the lost time can be fully supported, the better the recovery of the victim may be, and the lower the possibility of identifying disability.
2. According to the forensic expertise, the victim has no disability.
In Ningxia, traffic accidents with injuries often lead to compensation for income loss except treatment. In addition to unifying the basic standards, the calculation of lost time should also be combined with the specific time of lost time, and the determination of time should be based on the specific content given by doctors or appraisal institutions.
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