According to Article 20 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, 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.
Twenty-first nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Extended data:
"Procedures for Handling Road Traffic Accidents" Article 93 If an agreement is reached through mediation, the traffic administrative department of the public security organ shall make a road traffic accident compensation mediation document on the spot, which shall be signed by all parties and served separately. The conciliation statement shall contain the following contents:
(a) the basis for mediation;
(two) the basic facts and losses identified in the road traffic accident certificate;
(3) Items and amount of damages;
(four) the responsibility and proportion of the parties to compensate for the losses;
(five) the way and time limit of compensation;
(6) date of mediation.
If the mediation fails, the traffic administrative department of the public security organ shall terminate the mediation, make a mediation document for road traffic accident damage compensation and serve it on all parties.
Suining County Government —— Explanation on Several Issues of Applicable Law in the Trial of Personal Injury Compensation Cases