news

Can I still apply for lost wages if I am over 60?

Jiangsu Siyang: Support prosecution

Protecting the legal rights and interests of older workers

"With the help of the prosecutor, I got compensation." Recently, Mr. Chen expressed his gratitude to the prosecutor from Siyang County Procuratorate of Jiangsu Province who visited him.

Chen, a 70-year-old man, usually lives on the subsidy of collecting waste. In May this year, he was driving a tricycle normally when he was hit by a car driving in the same direction from behind. He was sent to the hospital for treatment, and the total medical expenses were more than 9,000 yuan. The traffic control department determined that the car driver Wang was fully responsible for the accident.

During the negotiation process, Mr. Chen proposed to compensate himself for his medical expenses and lost wages totaling 18,000 yuan. The insurance company of Wang's vehicle believed that medical expenses could be compensated within the scope of the accident liability, but because Mr. Chen had passed the statutory retirement age, he was not a laborer, and he could not provide labor contracts, income records and other materials to prove that he was engaged in labor, so he had no right to ask for lost wages. After that, the two sides negotiated many times, but the insurance company did not compensate. In desperation, Mr. Chen came to the Siyang County Legal Aid Center to apply for legal aid. According to the "Civil Support Prosecution Cooperation Measures for Vulnerable Groups", the Legal Aid Center transferred the clues to the Siyang County Procuratorate.

Are people over 60 still considered workers? Can Mr. Chen apply for compensation for lost wages? In order to investigate Mr. Chen’s work situation before he was injured, the prosecutor visited the staff of the village committee, the surrounding neighbors and the owner of the scrap collection station, and confirmed that he usually relied on collecting scrap to make money to subsidize his life. After the traffic accident, Mr. Chen’s left knee was injured and he was unable to move. He was unable to go out to collect scrap for more than a month after he was discharged from the hospital. Based on this, the prosecutor in charge determined that although Mr. Chen was over the retirement age when the accident occurred, according to the investigation, he was able to prove that he was indeed engaged in labor and received labor remuneration before the accident, and his request for compensation for lost wages was reasonable.

In June this year, Mr. Chen filed a lawsuit with the court, demanding that the insurance company pay a total of 18,000 yuan in compensation for lost wages and medical expenses. The Siyang County Procuratorate also issued a letter of support to the court.

On August 9, the court heard the case. At the trial, the court proposed in its opinion supporting the prosecution that the loss of wages should be determined based on the victim's working hours and income status, and did not limit the age of the parties. The Law on the Protection of the Rights and Interests of the Elderly stipulates that the legal income of the elderly participating in labor is protected by law. Mr. Chen was delayed from receiving normal labor due to the traffic accident, and the insurance company should include the loss of wages in the scope of compensation. On the day of the trial, the insurance company reached a mediation agreement with Mr. Chen on the spot, agreeing to pay Mr. Chen a total of 14,000 yuan for medical expenses, loss of wages, nursing fees, etc., and to complete the payment before August 25, which was confirmed by the court.

(Prosecution Daily, Wang Dong, Song Xiuyan)