How to calculate work related injury compensation if the work related injury insurance contribution

Article 13 of the Measures for the Implementation of the Regulations on Work-related Injury Insurance in Beijing stipulates that "the employer underreports the wages of its employees and fails to pay the work-related injury insurance premiums in full, resulting in the work-related injury insurance benefits enjoyed by the injured employees."

If it is reduced, the difference shall be made up by the employer."

The work-related injury insurance** shall pay monthly living care expenses according to the standard confirmed by the Labor Ability Appraisal Committee. If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.

Article 37 of the work-related injury insurance benefits of an employee who is disabled due to work shall be assessed as having a disability of grade 7 to 10.

Enjoy the following treatments:

1) From work-related injury insurance** according to the level of disability.

Pay a lump sum disability benefit.

The standards are: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, and grade 9 disability.

9 months' salary, 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries.

The employer pays a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 64 of the Supplementary Provisions of Chapter VIII The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit. For the purposes of these Regulations, the term "personal wages" refers to the injuries suffered by injured workers in accidents or occupational diseases as a result of their work.

Average monthly contribution salary for the previous 12 months.

If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

The social insurance institution shall compensate according to the payment base, and the employer shall make up the difference.

If the company shall not use the employee's salary as the base, the social insurance institution shall calculate the employee's average contribution salary in the 12 months prior to the injury. If an employer underreports the wages of its employees and fails to pay the work-related injury insurance premiums in full, resulting in a decrease in the work-related injury insurance benefits enjoyed by the injured employees, the employer shall make up the difference. The injured employee shall first seek compensation from the employer, and if the negotiation fails, he or she shall apply for labor dispute arbitration relief.

role

1. As an integral part of the social insurance system, work-related injury insurance is enforced by the state through legislation, and it is the social responsibility of the state to employees and the basic rights that employees should enjoy. The implementation of work-related injury insurance is a sign and achievement of human civilization and social development.

2. The implementation of work-related injury insurance guarantees the medical treatment of injured workers and their basic life, disability pension and survivors' pension, and to a certain extent, relieves the worries of employees and their families, and the work-related injury compensation reflects the respect of the state and society for employees, which is conducive to improving their enthusiasm for work.

The above content reference: Encyclopedia - Work-related Injury Insurance.

What should I do if the Labor Bureau and the Social Security Bureau do not accept it.

Legal analysis: If it is found that the employer fails to pay the work-related injury insurance premiums according to the actual salary, it shall bear the corresponding legal responsibility: 1. According to the law, the amount of work-related injury insurance premiums payable by the employer shall be the product of the total wages of the employees of the unit multiplied by the payment rate of the unit.

The so-called total salary refers to the total amount of labor remuneration paid directly by the employer to all employees of the employer. That is, the unit should pay according to the actual salary of all employees.

Legal basis: Article 33 of the Regulations on Work-related High Injury Insurance Article 33 When an injured employee ceases to work, the work-related injury period, including the period of hospitalization and the period of recuperation after discharge, is called the period of suspension of work and salary, and the wages and benefits remain unchanged during the normal working period before the accident injury, and the employer shall pay it on a monthly basis.

Summary. Hello, workers' compensation is based on the actual average wage.

Hello, workers' compensation is based on the actual average wage.

Work-related injury contribution wages are the wages of the limbs that pay social insurance premiums. The contribution wage refers to the salary paid by the injured employee to pay social insurance premiums, and the work-related injury insurance employee does not pay the premium, and the employer shall pay the salary according to the approved rate applicable to the total salary of all employees. The total wages of all employees refer to the sum of the wages paid by all employees of the unit.

Therefore, the work-related injury insurance base is not necessarily equivalent to the actual salary.

How to calculate work-related injury compensation if the work-related injury insurance contribution base does not match the actual salary?

The part paid by work-related injury insurance** shall be based on the average salary of the person in the 12 months prior to the work-related injury; After the payment of the work-related injury insurance, if the work-related injury insurance benefits of the employees are reduced due to the underreporting of the total wages of the employees and the individual wages of the employees, the employer may be required to make up the difference.