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Compensation standard for lost time in Kunshan
Legal analysis: the lost time fee is determined according to the lost time fee and income of the parties. The lost time of the injured person shall be determined according to the diagnosis and treatment certificate issued by the medical institution where the party concerned receives treatment. If the work is delayed due to injury and disability, the delayed time can be calculated to the day before the final assessment of disability. If the party concerned has a fixed income, the lost time fee shall be calculated according to the actual reduced income. The actual reduced income must be the actual lost income, including wages, bonuses, allowances, class fees, legal part-time income, etc. , but generally does not include business losses and special types of subsidies for business operators as victims. If the party concerned has no fixed income, it shall be calculated according to his average income in the last three years; If the parties concerned cannot provide evidence to prove their average income in the last three years, they may refer to the average wages of local employees in the same industry or similar industries in the previous year.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Article 20 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.

Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.