Should the company pay wages during the work related injury?

During the period of work-related injury, the wages of the employees shall be paid by the original unit on a monthly basis, and the wages and benefits shall remain unchanged, that is, they shall be paid according to the wage standard before the injury. According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work for medical treatment, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. Therefore, during the period of work-related injury, the employee's salary is the same as the wage standard before the injury.

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 by the employer in accordance with the Catalogue of Suspension Period with Pay for Work-related Injuries issued by the personnel department and health department of the province or city where the employee is located. If the period of suspension with pay exceeds 12 months, and if there is a dispute, it shall be confirmed by the Labor Ability Appraisal Committee of the city divided into districts.

The "original salary" of the work-related injury employee during the period of suspension of work with pay is not defined in the Regulations on Work-related Injury Insurance, and the following three calculation methods are generally stipulated in various localities:

1. Refers to wages other than overtime pay;

2. Average salary in the 12 months prior to injury;

3. The average salary in addition to overtime pay in the 12 months prior to 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.

The salary paid during the work-related injury shall not be less than 80% of the normal wage.

How to calculate wages during a work-related injury in a unit?

During the period of work-related injury, it was illegal for the company to only pay the basic salary.

Because the original salary and benefits remain unchanged during the period when the number of employees is suspended, they need to be paid by the unit on a monthly basis. After the work-related injury is assessed, the original benefits shall be suspended and the employees shall enjoy the disability benefits. 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.

During the period of work-related injury, the salary paid is not actually the basic salary. Because this is unfair to certain employees who are paid by piece rate and sales volume.

The wage remuneration here refers to the average of all the wages in the first twelve months before **, which is the salary paid during the work-related injury, which is more reasonable and fair. If this average salary is very high, 300% higher than the standard given by the local municipality, it is calculated according to the maximum 300%, and the excess does not need to be paid. If it is less than 60% of the city standard, then it will be calculated as 60%.

Legal basis] Regulations on Work-related Injury Insurance

Article 30 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 of work and salary, and shall be paid by the unit 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.

Whether the salary during the work injury is paid by the insurance or the company generally depends on the situation

1. If the employer pays social security to the employee normally, most of the expenses will be paid by the work-related injury insurance**, and the employer only needs to pay the following three expenses:

1) **Wages and benefits during the work-related injury;

2) Disability allowance received by Level 5 and Level 6 disabled employees on a monthly basis;

3) When terminating or dissolving the labor settlement contract, the employee shall enjoy a one-time disability employment subsidy received before Peishan;

2. If the employer does not pay social security to the employee, then in addition to the part that should be borne by the work-related injury insurance**, all of which should be paid by the employer must be paid by the employer.

Legal basisArticle 17 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.