Research On Compensation For Loss Of Time - Consuming Workers In Over - Age Laborers

Lost wage refers to the expected property loss the injured suffered due to the disengagement in normal work or labor in the recovery. Lost wage is related to the downtime and the salary, which is more difficult to be confirmed.More and more over-age laborer enter into the market under diverse contract or agreement. There are many reasons for this phenomenon. Along with the developing of the market economic system, the demand for labor increase continually and the labor cost also rise. A large number of retirees choose to be re-employed to get paid, due to the influence of the changes in Chinese population structure, the health level of laborers enhancing and their increasing demand for financial improvement. Therefore, over-age employment becomes common.In the case of the motor vehicle traffic accident liability disputes, more and more post-retirement victims claim the income loss compensation from the accident driver, on the ground that the accident leads to their absence from work and the loss of income. Over-age laborer involved in road traffic more frequently after their re-employment. Furthermore, they are easier to be hurt or get worse injury due to their health conditions. Since the relevant compensation standards is not clear, it is difficult to come to an agreement among the victim, the driver and the insurance company, so more post-retirement victims have to file a lawsuit.There are still some problems unsolved and different opinions on the issue of those over-age laborer claiming the lost wages in motor vehicle traffic accident liability disputes. First of all, whether the claim of the lost wages should be supported, depending on the legal identity of the over-age laborer and how to identify their employee identification. Second, the over-age laborer can’t submit enough evidence on the lost wages. Furthermore, it is also difficult for the court to assess the validity of the evidence. How to confirm the downtime salary as well as the conflicts between the over-age lost wages and the supported living expense, are the actual problems in the judicial practice.As the victim in the motor vehicle traffic accident liability disputes, the over-age laborer’s claim for the lost wages should be supported. Although gone beyond the retirement age, the over-age laborer’s worker identity has not been denied by law, thus their equal labor rights should be guaranteed. The reasonable and lawful claim also conform to the legal definition of the lost wages. A long-term legal mechanism should be established, such as confirm the legitimacy of the over-age labor employment, in order to better protect the legitimate rights and interests of over-age laborer, so that this non-traditional form of employment can have a good development. Intensify propaganda, changing social idea, more system rules designed to encouraging over-age laborer re-employment and protecting their legitimate rights and interests can lead to harmonious and stable labor relations as well as the smooth development of the economy in our country. Over-age laborer should submit sufficient evidence to the court to support their claims. They should pay attention to collect the evidence of employment before the accident and submit the relative evidence according to the law, so that the lost wage can be certificated validly. On the other hand, the judge should cautiously differentiate the evidence to find out the truth and protect the legitimate rights and interests of over-age laborer.