Play odd work encounter accident also has missed work cost housekeeping injured missed work 180 days successful claim 20 thousand yuan

2022-06-17 0 By

Net news (workers’ Daily – Net reporter Liu Xu) household member odd jobs without fixed income, because of traffic accident delay work have missed the cost of work?Huang Ying (pseudonym) was paid 232,200 yuan in medical expenses, disability compensation and nutrition expenses by a bus company in Dalian, Liaoning Province, the Shahekou District People’s Court said on April 7, including 20,700 yuan for missing work.The court made it clear that the recommended total time for missing work in accordance with the appraisal opinion is 180 days, which is calculated according to the per capita disposable income of all residents in Dalian in 2019 (41880 yuan ÷365 days) ×180 days.At 6:20 on October 24, 2020, a heavy dump truck collided with a bus near Haibei Street, Ganjingzi District, Dalian city. Eight passengers in the truck fell heavily to the ground. Huang Ying, a domestic worker, was the most injured.After the scene investigation of ganjingzi District traffic police brigade, it was determined that the heavy dump truck turned left and failed to let the bus go straight, and the bus driver was not responsible for the accident.The bus company refused to pay because the driver could not be contacted after the accident.Huang commissioned Wang Jinhai, a lawyer from Beijing Yingke (Dalian) Law Firm, to Sue the bus company to Dalian Shahekou District People’s Court, asking the bus company to assume liability for compensation.After the trial, the court held that the carrier of the contract of carriage of passengers applies the principle of no fault for the death and injury of passengers, and the bus company has the responsibility to transport passengers safely to the destination station.Therefore, the bus company should compensate.The two sides fell out when the cost of lost work was calculated.The bus company believes that Huang ying does not have a regular job and should not be paid for lost time.Huang did not have a job, but did odd jobs through the wechat housekeeping group, wang said. Customers also transferred the cleaning service fees to Huang through wechat.Before her injury, Huang earned 4,600 yuan a month on average as a homemaking worker, according to her wechat group chat records and her wechat collection records.The court held that according to the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of The Law to The Trial of Personal Injury Compensation Cases, which came into effect on January 1, 2021, the compensation for lost work is determined according to the time the victim missed work and his income status.If the victim has no fixed income, the average income of the last three years shall be calculated;If the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by referring to the average salary of the staff and workers in the same or similar industries in the place where the court is sued.Because Huang Ying can not prove the average income of nearly three years, so according to the location of the average salary of workers in the previous year, it is 20,700 yuan.After the court’s ruling, the bus company did not appeal, saying that it would pay Huang ying’s compensation as soon as possible, and then Sue the truck owner in the name of the bus company to recover the compensation.Why do passengers Sue the bus company when the bus is not responsible?Wang Jinhai, a lawyer, explained that article 823 of the Civil Code stipulates that carriers should be liable for the casualties of passengers during transport.The contract of passenger transport applies to liability without fault. As long as passengers have no intentional or gross negligence behavior and are injured while taking buses, bus companies shall assume liability for compensation.Therefore, passengers injured on the bus can Sue the bus company in accordance with the passenger transport contract, but also in accordance with the traffic accident liability identification, in accordance with the tort liability dispute sued the third party truck.The only difference is that if a contract of carriage action is chosen, the court will not support damages for emotional distress.Wang Jinhai said that the odd work delay to make money is also a delay in work, should enjoy the cost of lost work.He reminded workers that they should also keep proof of income in case of emergency.