According to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, 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 the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year. Unemployed people do not exist in the same or similar industries, and cannot claim on the basis of the average wage of the industry; If the social average wage is adopted, it is obviously unfair to the party who pays compensation; However, even unemployed people have lost their jobs because they are not incapable of working, but only unemployed when the damage occurs.
Legal basis
Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is determined according to the time and income of the victim.
The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.
If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.
