Why is the judgment for missing work different

2022-08-05 0 By

Why different cases: On May 10, 2021, the plaintiff Zhang driving a three-wheel electric car and the defendant Li driving two wheel motorcycle contact, zhang was injured, two cars damaged.Zhang is responsible for the main accident, Li is responsible for the secondary accident.After the accident, Zhang was hospitalized for treatment, after an appraisal body issued an appraisal opinion that zhang missed a period of 120 days.The plaintiff Zhang then appealed to the defendant Li mou to bear the cost of missing work 11760 yuan, Li mou argued in the trial when the accident occurred zhang mou age has reached 71 years old, the cost of missing work should not be supported.Huoqiu county court after hearing that Zhang mou provided the land right certificate and her husband’s disability certificate, and the defendant recognized Zhang mou has been at home farming life, Zhang mou claims that the cost of lost work should be supported.Case two: On September 15, 2019, the defendant Wang mou driving a small bus in the Beijing-Zhuhai line into the main road, and the plaintiff Liu Mou driving the ordinary motorcycle collision, liu Mou injured.After the accident, Liu was hospitalized, and an appraisal center issued an appraisal opinion that Liu was due to the trauma, and comprehensive analysis suggested that the construction period was delayed to the last hospitalization and discharge date.Huoqiu county court after hearing that although Liu mou was injured in hospital because of a traffic accident, but because of its unit staff, the basic salary after the incident is normal, Liu mou also did not provide proof of its actual income reduction, so liu mou’s claim for lost work costs do not support.The above two cases were upheld by the second instance judgment of Lu ‘an Intermediate People’s Court.Judge view: cost of missing work is to point to the victim that compensation obligor ought to pay to compensate obligee from suffer harm to cure completely this period of time, because cannot be engaged in normal work and actual decrease income.The cost of missing work is determined according to the victim’s working time and income status.There is no age limit to compensation for loss of work, as long as the injured still earn income through labor, need to compensate for loss of work.But if there is no loss of income during that period, the loss of time should not be supported.Disclaimer: This article is reproduced for the purpose of conveying more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn