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What is the payment standard of work-related injury wages?

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Source: Legal Chart Compilation · 2024.02.19 · 6218 people have seen it
Guide: According to the payment standard of work-related injury wages, employees' wages will be paid after a certain percentage is deducted during the work-related injury period. Although the injury of an employee is caused by work, the company can still deduct the employee's salary. However, the employee can ask the company to pay him a certain amount of industrial injury compensation. If the employee's injury is serious, he or she can get more compensation.

 What is the payment standard of work-related injury wages?

I Injury on-the-Job wages What is the distribution standard of?

According to the payment standard of work-related injury wages, employees' wages during the work-related injury period will be paid after a certain percentage is deducted《 Regulations on Work Injury Insurance 》Article 33 stipulates that the period during which an injured worker stops working and treats an industrial injury, including the period of hospitalization and the period of recuperation after discharge, is called Suspension with salary , according to the normal working period before the accident Wages and benefits The salary will remain unchanged and will be paid monthly by the employer.

The period of suspension with pay for injured workers shall be determined by the certificate of leave issued by the medical institution that has signed the service agreement with the worker or the rehabilitation institution that has signed the service agreement with the worker. If the suspension period exceeds 12 months, it is necessary to go through the city divided into districts Appraisal of labor capacity The Committee confirms. The conclusion of the downtime with pay period confirmed by the labor capacity appraisal committee of the city divided into districts is the final conclusion.

The "original salary" of the workers with work-related injuries during the pay retention period is not defined in the Regulations on Work related Injury Insurance, and there are roughly two calculation methods in local regulations: overtime pay Other than salary; Second, the average salary of the 12 months before the injury. If the employer fails to pay the wages of the injured workers in the suspension period according to law, the injured workers may apply Labor dispute arbitration Safeguarding rights.

2、 Salary payment standard during work injury:

Article 29 of the Regulations on Industrial Injury Insurance stipulates that employees are injured or injured by accidents due to work Occupational Diseases Treat and enjoy Medical treatment for work-related injuries If an employee is hospitalized for treatment of work-related injury, his/her unit shall pay 70% of the food allowance standard for business trips to the hospital;

With the certificate issued by the medical institution and the consent of the handling institution, if the injured employees go to the medical service outside the planned area, the transportation, board and lodging expenses required shall be reimbursed by the unit according to the standard for business trip of the employees of the unit.

Article 33 If an employee suffers from accident injury or occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, his/her original wages and benefits shall remain unchanged during the period of suspension with salary, and the unit to which he/she belongs shall pay him/her monthly.

The downtime leave with salary period is generally not more than 12 months. If the injury is serious or the situation is special, it can be extended appropriately after being confirmed by the labor capacity appraisal committee of the city divided into districts, but the extension shall not exceed 12 months. Assessment of injured workers Disability level After that, the original treatment will be suspended and enjoyed in accordance with the relevant provisions of this chapter permanent disability Treatment. If the injured workers still need treatment after the period of suspension with salary expires, they shall continue to enjoy medical treatment for work-related injuries.

If an injured worker who is unable to take care of himself or herself needs nursing care during the period of suspension with pay, the unit to which he or she belongs shall be responsible.

Article 64 The term "total wages" as mentioned in these Regulations refers to the total amount of labor remuneration directly paid by the employing unit to all its employees.

The term "personal wages" as mentioned in these Regulations refers to the average monthly wages paid by the injured workers in the 12 months prior to the accident injury or occupational disease caused by their work. If his salary is 300% higher than the average salary of employees in the overall planning area, it shall be calculated as 300% of the average salary of employees in the overall planning area; If his salary is lower than 60% of the average salary of the employees in the overall planning area, it shall be calculated as 60% of the average salary of the employees in the overall planning area.

If the employee is injured at work and needs to be treated, the unit shall pay according to the original remuneration during the treatment period without deduction. And the company also needs to pay employees Medical expenses Nursing expenses And so on. If the infringement is relatively serious, resulting in that the employee can no longer work in the company, then a certain amount of compensation needs to be paid.

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