How to compensate teachers for lost wages due to car accidents?

1. How to compensate teachers for lost wages due to car accidents?

The amount of compensation to be paid for lost wages due to teacher car accidents needs to be determined according to the specific local compensation standards, Article 20 of the "Interpretation of Personal Injury Compensation" Article 1 stipulates: Lost work compensation shall be determined based on the victim’s lost work time and income status. Time missed from work is determined based on a certificate from the medical institution where the victim received treatment. If the victim continues to miss work due to injury and disability, the time missed from work can be calculated to the day before the disability date. If the victim has a fixed income, the lost wages shall be calculated based on the actual reduction in income. If the victim has no fixed income, the calculation shall be based on his average income; if the victim cannot provide evidence to prove his average income, the calculation may be based on the average salary of employees in the same or similar industry in the previous year where the court where the lawsuit is filed is located.

The "Interpretation of Personal Injury Compensation" provides for actual compensation based on the difference between actual expenses and lost work time. The original "Measures for Handling Road Traffic Accidents" stipulates that the lost time lost by parties with a fixed income cannot exceed three times the average living expenses in the place where the traffic accident occurred, while those without a fixed income shall be calculated based on the average income of the state-owned industry. The Interpretation does not set a maximum limit for loss of lost time. Regarding "If the victim has a fixed income, the lost wages shall be calculated based on the actual reduced income", there are two points that need to be made clear:

1. The fixed income must be legally certified;

2. The fixed income must be actually reduced by the victim. If the victim’s employer does not withhold or withhold all of the victim’s income after suffering damage, no compensation or less compensation for lost wages should be made.

2. The calculation formula for lost work pay is as follows:

1. Lost work pay = lost work income * lost work time

(1) Amount of compensation: According to the victim The time lost from work and income status are determined.

(2) Lost work time: Lost work time is determined based on the certificate issued by the medical institution where the victim received treatment. If the victim continues to miss work due to injury and disability, the time missed from work can be calculated to the day before the disability date.

2. If the victim is not disabled, the time he missed from work will be calculated based on the time of hospitalization or rest recommended by the doctor.

The date of missed work is composed of the patient’s hospitalization days and the days of recuperation certified by the hospital after discharge. It is calculated from the day of the traffic accident and will not be deducted in case of national statutory holidays. If the patient refuses to leave the hospital without justifiable reasons after the treatment is completed, or takes rest without authorization without relevant certificates, the lost wages will not be calculated.

3. The hospitalization and rest period issued by the treating hospital or the rest period determined by forensic identification.

Whether it is faculty, staff, or other groups with fixed incomes, if they are unable to go to work normally after a car accident, the school can deduct their salary according to the established proportion. The deducted part is the lost wages that the employee can ask the perpetrator to pay. Therefore, the more serious the employee's injury, the greater the amount of compensation he can receive.

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