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If you apply for a disability appraisal, the period of leave without pay will not necessarily end.
After the completion of the labor ability appraisal, the period of suspension of work with pay may not end. The determination of the period of suspension with pay is determined by the Labor Ability Appraisal Committee according to the standards for the period of suspension with pay formulated by each province, and this standard applies to each injured person, that is, the same injury, and the standard of the period of suspension with pay is the same. The length of recovery time varies depending on the individual's ability to recover from the same injury.
The work ability appraisal has been conducted, but the suspension period with pay for the injured part is 4 months, so the suspension period should be 4 months, and will not be terminated due to the labor ability appraisal. In any of the following circumstances, it shall be found to be a work-related injury:
1. Being injured in an accident during working hours and in the workplace due to work reasons;
2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Suffering from occupational diseases;
5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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At present, some regions believe that the period of suspension of work with pay is from the time of the work-related injury to the end of the application for appraisal, but in most areas, the expiration of the medical termination period and the confirmation by the labor ability appraisal agency shall prevail. In addition, the regulations on work-related injury insurance also stipulate that the period of suspension with pay shall generally not exceed 12 months, and if the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee.
Therefore, it is wrong to apply for the labor ability level appraisal and realize that the end of the suspension period is wrong!
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Do not stop work and keep pay, apply for disability level appraisal after the end of the medical period, the general medical treatment period is 12 months, if there are special circumstances can be extended for 12 months, these two years have a basic salary. In other words, it is not based on the date of your identification.
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The original 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.
According to Article 33 of the Regulations on Work-related Injury Insurance, the work-related injury period is called the period of suspension of work, and the salary and benefits during the normal working period before the accident injury remain unchanged, and the employer shall pay it on a monthly basis.
The period of suspension with pay for an injured employee shall be determined on the basis of the leave certificate issued by the medical institution that signed the service agreement for the employee to receive medical treatment, or the work-related injury ** institution that signed the service agreement. If the suspension period exceeds 12 months, it must be confirmed by the Labor Ability Appraisal Committee of the city divided into districts. The conclusion of the suspension period confirmed by the Appraisal Committee of the Mobilization Ability of the Elderly in Districted Cities is the final conclusion.
The "original salary" of an injured employee during the period of suspension of work with pay is not defined in the Regulations on Work-related Injury Insurance, and there are roughly two calculation methods stipulated in various localities: one refers to the salary of the department in addition to overtime pay; The second is the average salary in the 12 months before the injury. If the employer fails to pay the injured employee the wages for the period of suspension of work and salary in accordance with the law, the injured employee may apply for labor dispute arbitration to protect his or her rights.
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Injury and suspension, expiration of the salary period, during the disability appraisal period, if the unit stops paying wages, this does not have to worry, you can wait for your work-related injury appraisal to go down to the company's students, if you can't negotiate, you can actually use the law**. The most important thing is that you can come down to the banquet letter for your work-related injury identification.
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If the employer stops paying you wages during the appraisal of work-related injuries, you can first negotiate with the employer, and if the employer still does not pay you, then you can complain to the labor inspection department.
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What should I do if I self-harm myself at the end of the salary period and stop paying wages during the appraisal period? If there is a violation of the labor law, it can be raised, and the labor department can appeal to the labor department for resolution.
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The basic salary during this period should be paid normally. In this case, it is sufficient to go directly to labor arbitration.
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During the period from the expiration of the work-related injury suspension period to the disability appraisal, the unit will stop paying wages. At this time, we can also be absent to deal with the complaint and sell the state, and at this time we should make up according to the original salary. It's more correct, because at this time I have already started to work.
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If. The period of suspension with pay expires until the disability appraisal.
There is no blind hole to work.
The unit is obliged to pay wages, and it is already good if the labor relationship is not terminated, and there is nothing that can be done.
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Since it is a work-related injury, then the employer will stop paying your wages through labor arbitration to decide on the punishment, and you can actively complain to the unit, or go through the labor department to deal with it.
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At the end of the period of suspension of work and salary, the employer can request the unit to repay the wages during the period, and if the negotiation fails, you can file a complaint with the local labor and social security department in Kochi.
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