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If the unit fails to pay social insurance, how much is the compensation for work-related injury?

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If the unit fails to pay social insurance, how much is the compensation for work-related injury?


        

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  • 2024-06-10 09:00:49

    If there is no social insurance for work-related injuries, the employer shall pay the expenses according to the work-related injury insurance treatment items and standards specified by the social insurance. The one-time disability subsidy, employment and medical subsidy, medical expenses, inpatient food subsidy, nursing expenses, pay leave for work stoppage and many other items can be obtained. The calculation methods are different.

    List of contents of this article:

    1. How much to compensate for work-related injury if the unit fails to pay social insurance 2. Whether the work-related injury compensation is taxed

    How much is the compensation for work-related injuries if the unit fails to pay social insurance

    Without social insurance, the unit pays all work-related injury benefits. First, apply for identification of work-related injury. After identification of work-related injury, conduct labor capacity appraisal, and then calculate the compensation amount according to the disability level. The one-time disability subsidy, employment and medical subsidy, medical expenses, inpatient food subsidy, nursing expenses, pay leave for work stoppage and many other items can be obtained. The calculation methods are different.

    Whether industrial injury compensation is taxed

    According to the provisions of the relevant regulations, the industrial injury compensation obtained by employees due to industrial accidents, including one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, and medical treatment for industrial injuries, is not subject to individual income tax.

    If the unit fails to pay the work-related injury insurance for the employees according to the regulations, and the work-related injury accident occurs, the relevant compensation expenses need to be paid by the unit. As long as the income obtained by the employees meets the scope of work-related injury insurance benefits specified in the Regulations on Work related Injury Insurance, the individual income tax can be exempted.

    Among them, the understanding and practice of whether to pay personal income tax on the wages of the shutdown leave behind period are controversial.

    Some people believe that the wages of the shutdown leave with salary period are part of the work-related injury insurance benefits, so the individual income tax should not be paid.

    Some people also questioned that the specific content of the industrial injury insurance benefits does not include the wages for the suspension period, and the wages for the suspension period of the injured workers are paid according to the original wage standard, which should be within the scope of wages and salaries, so they need to pay personal income tax.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    No***

    2024-06-10 09:00:49

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