Does the employer where the workers compensation payment is made entitled to deduct it?

Businesses have no right to deduct!

According to the Trial Measures for Work-related Injury Insurance for Employees of Enterprises (1996), if an employee is injured, disabled or dies due to his or her daily production or work or the work temporarily designated by the person in charge of the unit, it shall be deemed to be a work-related injury.

Procedures for determining work-related injuries: Enterprises shall submit work-related injury reports to the local labor administrative department within 15 days from the date of occurrence of work-related accidents. Employees injured at work or their relatives shall apply for work-related injury insurance benefits to the local labor administrative department within 15 days from the date of the occurrence of the work-related accident.

In case of special circumstances, the application period can be extended by 30 days. If it is not possible for the injured employee or his relatives to submit an application, the trade union organization of the enterprise may submit an application for treatment on behalf of the injured employee. The application for employee benefits shall be submitted after being signed by the enterprise.

If the enterprise does not sign, the injured employee or his relatives may directly submit the report.

After receiving an employee's application for work-related injury insurance benefits, the labor administrative department shall organize the work-related injury insurance agency to collect evidence and make a decision on whether to recognize it as a work-related injury within 7 days, which may be extended under special circumstances, but not more than 30 days.

Work-related injury medical treatment: Employees who are injured at work are entitled to work-related injury medical treatment. The expenses required for the work-related injury, hospitalization expenses, medical expenses, medicine expenses, and medical expenses for medical treatment will be fully reimbursed.

If the injured employee needs to be hospitalized, the hospitalization meal subsidy shall be issued in accordance with the local business trip meal subsidy standard 2 3, and if the employee is approved to transfer to other places, the required transportation, food and accommodation expenses shall be reimbursed according to the business trip standard of the enterprise's employees.

Salary issues during hospitalization: If an employee needs to stop working due to work-related injuries and accepts **, a work-related injury medical treatment period shall be implemented. Employees who are injured at work will be paid wages during the medical treatment period for work-related injuries and will be paid work-related injury allowances on a monthly basis.

The standard of work-related injury allowance is equivalent to the average salary income of the injured employee in the 12 months prior to the injury.

Regarding the content of work-related injury identification and claims, I searched and found that there is a lot of content in this area on the Yi'an website, and there is also a special work-related injury consultation column, you can go to ** and ask.

If it is determined that it is a work-related injury payment and there is no other explanation, it is determined that it cannot be deducted, which is not a matter of deduction, but a violation of private legitimate rights and interests, and they will be dead when the matter is brought to the labor bureau. If you are sure that you can sue directly, he will compensate you even with interest.

No, there is no such right in the factory

No right to deduct! Apply for labor arbitration.

During the work-related injury period, does the company have to deduct the salary paid by the company from the work-related injury compensation? It should not be deducted. Because the work-related injury is caused by the employer, the employer should take the salary during the work-related injury, which is clearly stipulated in the labor law.

Hello, no deductions. During the period of work-related injury, the employee has not terminated the labor contract with the company, and the company has to pay the employee wages on a monthly basis. When the work-related injury compensation is paid, the company cannot deduct the wages during the work-related injury period, which does not comply with the relevant provisions of the Labor Contract Law and the Regulations on Work-related Injury Insurance.

Many companies buy work-related injury insurance for employees, and after the work-related injury is determined, the worker will receive compensation from the insurance company, not the company's compensation, so the company is not eligible for deduction. If the company terminates the contract with the employee, it will have to pay additional compensation.

No, work-related injury compensation is normally compensated by social security, and only when the company does not deduct work-related injury insurance for employees, the work-related injury compensation is completely different from the salary during the work-related injury.

In the event of an employee's work-related injury, the medical expenses and one-time disability allowance shall be paid by the work-related injury insurance**, and the salary shall be paid by the employer on a monthly basis, and the salary shall not be deducted from the compensation and shall be paid by the enterprise.

During the period of work-related injury, the company must pay a living allowance. The company will definitely deduct it from the workers' compensation payment.

During the period of work-related injury, the salary and benefits remain unchanged.

You're not the same thing as workers' compensation.

There is no need to deduct from there, wages must be paid, and work-related injury benefits must be paid.

Article 3 of the Regulations on Work-related Injury Insurance provides for this.

No deductions are required!

In the event of an employee's work-related accident, the personal accident insurance is generally responsible, and at the same time, the employer bears the remaining medical and lost work expenses, and his salary is paid during the period of recuperation, and cannot be deducted from the work-related injury compensation, because these are two different things.

This does not need to be deducted. Workers' compensation pay is what you deserve. Other medical expenses are another issue.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original wages and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he belongs on a monthly basis.

There is no such item in the work-related injury insurance benefits paid by the work-related injury insurance**. The wages and benefits of the suspension period should be paid as usual. Work-related injury insurance benefits include medical expenses, food expenses, labor inspection expenses, transportation and accommodation expenses, living care expenses, one-time disability allowance, one-time work-related injury medical compensation, etc., which have nothing to do with the payment of wages.

Impossible, wages are wages and compensation is compensation, two different concepts.

Legal analysis: 1. The work-related injury benefits paid by work-related injury insurance are given to employees; 2. If the employer has paid the medical expenses incurred before, the part of the medical expenses reimbursed by the work-related injury insurance shall be paid to the employer. First of all, the boss has no right to deduct your compensation, and the insurance compensation is also special, understand what happened, grasp the evidence, and protect your own rights.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation, accommodation, and pre-travel expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) The one-time disability allowance and the monthly disability allowance received by the disabled employees of grades 1 to 4 are in deficit; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral subsidy, the pension for dependent relatives and the death subsidy for work-related death received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal Analysis: Workers' compensation is a labor dispute. If the employer has deducted or refused to pay, the employer may apply to the labor dispute arbitration commissioner, the Mo Pei Hui Association, for labor arbitration.

A written application for arbitration (2 copies) shall be submitted at the time of application; List of evidence and corresponding evidence materials (2 copies), main materials: labor contract, wage payment record, work-related injury determination decision, labor ability appraisal conclusion, etc.; Copy of ID card (1 copy).

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Jury Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal Analysis: The part of work-related injury benefits paid by the employer includes work-related injury medical benefits, disability benefits and death benefits. In the medical treatment of work-related injuries, it mainly includes medical treatment and suspension of work, salary and salary during the period of vacancy and ** treatment.

A kind of compensation given to employees after they are injured due to work-related reasons is mainly to ensure that employees who have suffered work-related injuries have a certain guarantee in life and medical care for the elderly. During the period of suspension of work and salary, the benefits mainly include the cost of assistive devices, wages and benefits during the period of suspension of work and medical treatment for work-related injuries, as well as the expenses required for self-care, of which the cost of assistive devices is paid by work-related injury insurance, and the wages and benefits during the period of suspension of work and medical treatment and the expenses required for self-care are paid by the employer. Disability treatment mainly includes a one-time disability allowance and disability allowance and living care expenses after the appraisal of labor ability, the degree of disability is divided into one to ten levels, one level is the heaviest, ten levels are the lightest, and the disability allowance is compensated according to the level of disability with reference to the wages of employees, the more serious the injury, the more compensation, and the disability allowance is mainly paid by the work-related injury insurance.

Disability allowance is only paid to employees with injuries ranging from 1 to 6, disability allowance is paid by work-related injury insurance** at levels 1 to 4, and by workers' units at levels 5 to 6.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work》 Article 8 To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted: the original and photocopy of the Decision on Determination of Work-related Injury; Valid diagnosis certificates, complete medical record materials such as examination and examination reports that have been copied or reproduced in accordance with the relevant provisions of medical records management of medical institutions; The original and photocopy of the worker's resident ID card or social security card and other valid identification documents; Other materials specified by the Labor Ability Appraisal Committee.

Who should pay the work-related injury compensation to be recovered by the worker after the work-related injury is determined to be work-related injury? The compensation for the worker's work-related injury varies according to whether the employer participates in the work-related injury insurance - 1. If the employer participates in the work-related injury insurance, when the employee suffers a work-related injury, the labor and social security administrative department determines the work-related injury or makes a "labor ability appraisal", and the following items can be paid from the work-related injury insurance**: (1) Work-related injury medical expenses; (2) Assistive device allocation fee; (3) a one-time disability grant; (4) Disability allowance; (5) Living care expenses; (6) funeral grants; (7) Pension for dependent relatives; (8) One-time work-related death allowance; (9) **sex** fees; (10) Food subsidy for work-related injury hospitalization, transportation expenses, accommodation expenses for medical treatment in other places, etc.; (11) One-time medical subsidy for work-related injuries; (12) Labor ability appraisal fee; 2. In addition to the items paid by the employer from the work-related injury insurance**, the employer also needs to pay a certain amount of compensation to the injured employee: (1) Meal allowance for work-related injuries, transportation expenses and accommodation expenses for medical treatment in other places

The inpatient meal subsidy for the hospitalization of the injured employee during the hospitalization** period shall be paid by the employee's unit in accordance with 70% of the food subsidy standard for business trips of the unit; The transportation and accommodation expenses required for the approved referral and transfer to other places for medical treatment shall be reimbursed by the employee's unit in accordance with the standard for employees traveling on business for business trips. (2) Wages during the period of suspension of work: The wages and benefits of the injured employee during the period of suspension of work and pay shall remain unchanged and shall be paid by the employer on a monthly basis; If the employee is unable to take care of himself, the employer shall send someone to take care of him, and the required accompanying expenses shall be paid by the employer Shan Liangling according to the agreement.

3) Disability allowance: For injured employees with disability levels of 5 and 6 and it is difficult to arrange work, the employer will pay 70% and 60% of their wages on a monthly basis. (4) One-time disability employment subsidy:

For an injured employee with a disability level of 5 to 10 who has terminated the labor relationship with the employer, the employer shall pay a one-time disability employment subsidy based on the average monthly wage of the employee in the previous year at the time of termination of the labor relationship. In addition, if an employer should have participated in work-related injury insurance but did not participate in it, if an employee suffers a work-related injury during this period, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated by the state.