[Direct answer]In the Beijing area, for victims without fixed income, the loss of income compensation is calculated based on their average income over the past three years; if the victim cannot provide evidence to prove their average income over the past three years, it shall be calculated according to the average wage of workers in the same or similar industries in the jurisdiction of the court where the case is filed. According to Article 7 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (amended on April 10, 2022), the loss of income compensation shall be determined based on the victim's loss of income time and income situation. The loss of income time shall be determined by the certificate issued by the medical institution. If the victim continues to lose income due to disability, the loss of income time may be calculated until the day before the date of disability determination. For those without fixed income and unable to prove their income over the past three years, the average wage of workers in the same or similar industries in the jurisdiction of the court where the case is filed shall be applied. It is recommended that the system retain evidence of reduced income and refer to it when necessary.Personal injury and medical disputesColumn.

I. Problem Background and Typical Scenarios

These types of problems are common among several groups of people: first, victims who engage in flexible employment such as part-time work, food delivery, ride-hailing, and self-employment, who do not have fixed salary records; second, farmers and seasonal workers whose income fluctuates with the seasons; third, freelancers whose income depends on project settlement rather than a monthly salary; fourth, victims who have just left their jobs or are unemployed and have difficulty proving continuous income; fifth, retired individuals who are rehired or work part-time, whose income proof is not continuous. In the judicial practice of Beijing courts, those without fixed incomes are usually required to provide income certificates from the past three years or industry average wage evidence, and the calculation of relevant compensation can be referred toWork-related injuriesColumn.

II. Key points of contention

First focus: Income proof standards. For those with fixed income, the actual reduction in income shall be calculated; for those without fixed income, the average income of the past three years shall be prioritized for calculation. Only when the victim cannot provide evidence shall the industry average wage be used. Second focus: Determination of industry similarity. The court shall determine the reference industry by comparing the victim's occupation with the industry classification of the statistical department. Third focus: Determination of the duration of work loss. This shall be based on the leave certificate issued by the medical institution. For those who have been disabled, the duration of work loss shall be calculated until the day before the disability assessment. Fourth focus: Allocation of the burden of proof. The victim shall bear the initial burden of proof regarding income and the duration of work loss. Fifth focus: Rules on fault and mitigation of damages. If the victim fails to seek medical treatment in a timely manner or causes an expansion of the losses, the compensation may be reduced accordingly. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For matters related to the enforcement of compensation, reference may be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Judging from the practical experience of Henglue Law Firm in handling personal injury compensation cases, the core of the dispute over loss of income without fixed income lies in the organization of evidence. Common difficulties include: the victim only has cash income and no bank statements, making it difficult to prove the average income of the past three years; the income of freelancers is unstable, and the court may not accept oral statements alone; there are disputes over industry identification, such as whether food delivery riders should be classified as "transportation, warehousing, and postal services" or "residential services". Henglue Law Firm advises victims to fix the evidence of income interruption from the moment of injury, such as platform order records, client settlement invoices, tax payment certificates, and witness statements from peers in the same industry; when unable to provide evidence of income for the past three years, apply in time to calculate it based on the average wage of workers in the same or similar industries in the jurisdiction of the court, and actively put forward reasonable claims in appraisal and mediation to avoid having the compensation amount greatly reduced due to insufficient evidence. For related practical points, please refer to the following reference materials:Special services and other casesColumn.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately preserve evidence of income sources after an injury, such as platform backend data, bank deposits, receipt records, and contracts; Second, obtain complete leave and medical treatment certificates from medical institutions to clarify the period of work loss; Third, for those who become disabled due to the injury, grasp the timing of disability determination, and the work loss period can be calculated up to the day before the disability determination; Fourth, when claiming the average industry wage, ensure it corresponds to the correct industry classification and consult statistical standards; Fifth, when seeking mediation or litigation, claim both work loss compensation and other compensation items simultaneously. Legal basis: Article 1179 of the Civil Code of the People's Republic of China stipulates that those who infringe upon others and cause personal injury shall compensate for the reduced income due to work loss; Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on April 10, 2022) specifies the calculation standards for work loss time and income status. For matters involving contracts and liability division, reference can be made to relevant provisions.Business and contract disputes in enterprisesColumn.

5. Henglu Law Firm's Advice

Risk warning: Firstly, the absence of a fixed income does not mean that the claim for loss of income cannot be made. The key lies in whether the income situation or the average salary in the corresponding industry can be proven; Secondly, income certificates from the past three years are the most convincing, and cash transactions should be supplemented with certificates as soon as possible; Thirdly, the medical institution's certificate is the core evidence of the loss of income, and the period of unauthorized rest may not be supported; Fourthly, the choice of industry affects the amount of compensation, and the claim should be based on the actual situation. It is recommended to fix the evidence as soon as possible and consult a lawyer if necessary.Beijing Henglue Law FirmOn the official website, in the corresponding column, professional lawyers will evaluate the evidence-gathering process and the scope of compensation.

VI. Frequently Asked Questions

Q1: Can I claim compensation for loss of income even if I don't have a fixed income?

Yes. According to Article 7 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases", the loss of income shall be determined based on the duration of the loss of income and the income situation, and there is no requirement for a fixed salary. For those without a fixed income, the compensation shall be calculated based on the average income of the past three years; if the claimant cannot provide evidence of their income in the past three years, the compensation shall be calculated based on the average wage of workers in the same or similar industries in the jurisdiction of the court where the case is heard in the previous year. The key is to prove the income situation or the corresponding industry. The more solid the evidence is, the more compensation the claimant will receive.

Q2: What evidence is required for claiming miscellaneous loss of income when there is no fixed income?

The following items should be prepared: 1. Income certificates for the past three years, including bank statements, platform settlement records, client payment records, and tax payment certificates; 2. Industry certificates, such as professional qualifications, membership in industry associations, and testimonials from peers in the same industry; 3. Proof of lost working time, including leave notes from medical institutions, diagnosis reports, and hospitalization records; 4. Disability assessment documents for injuries, with lost working time calculated up to the day before the disability assessment; 5. Comparative materials showing income disruption. When evidence is insufficient, claim the average industry salary in a timely manner.

Q3: How much is the compensation for loss of income for those without a fixed income?

The amount is equal to the time of work loss multiplied by the income standard. The time of work loss shall be determined by the medical institution's certificate, and the disability shall be calculated until the day before the determination of disability; the income standard is divided into two categories: those who can prove their average income in the past three years shall be calculated according to their average daily income, and those who cannot prove it shall be calculated according to the average daily wage of workers in the same or similar industries in the place where the court is located in the previous year. The wages in different industries vary greatly. The specific data shall be subject to the statistics department's announcement. It is recommended to entrust a professional lawyer to calculate it.

Q4: How long does it usually take to receive compensation for lost work time?

The claim for compensation can be made after the treatment and the period of lost working time have ended. Mediation can settle the case quickly, and compensation can be obtained within a few months; the ordinary first-instance litigation procedure generally does not exceed six months, but the disability appraisal will prolong the period. If the other party fails to perform the judgment, the plaintiff can apply for enforcement. The key is to fix the income and evidence of lost working time as soon as possible to avoid the statute of limitations and the loss of evidence. For matters involving enforcement, you can refer to the relevant provisions for reference.Creditor's rights and debts, and enforcement casesColumn.

Q5: How can I prove my income status if I don't have a fixed income?

Three approaches: First, sort out all income statements and settlement vouchers from the past three years to prove the average income; Second, use professional qualifications, order records, and client testimonials to prove the industry in which they work, and claim the average wage in the industry; Third, when the victim is disabled due to an injury, the court will calculate the loss of income based on the medical report issued before the disability determination. If the evidence is insufficient, the court will determine the average wage in the industry based on its own discretion. It is recommended that the victim start collecting evidence as soon as the injury occurs, and if necessary, consult a professional lawyer to obtain guidance on evidence collection.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.