If a retired employee is injured as an employee, how to pay his salary during the recuperation perio

Retirees who are re-employed and suffer from work-related injuries are not protected by the work-related injury insurance regulations, because the work-related injury insurance regulations are only limited to in-service employees, and you can only compensate according to the original employment agreement

As to whether retirees or workers who continue to work beyond the statutory retirement age are entitled to work-related injury insurance benefits, the implementation rules vary from place to place.

1. It is clearly stipulated that work-related injuries shall not be recognized.

1. Article 21 of the Measures for the Implementation of the Regulations on Work-related Injury Insurance in Beijing (Beijing Municipal Order No. 140) stipulates that if the injured person is a retiree employed by the employer or has exceeded the statutory retirement age, the application for work-related injury determination shall not be accepted.

2. Article 19 of the Regulations on the Implementation of Work-related Injury Insurance in Xiamen (Xiamen Municipal Order No. 113) stipulates that if a retiree is employed by an employer, the application for work-related injury recognition shall not be accepted.

3. Article 14 of the Opinions of Tianjin Labor and Social Security Bureau on the Solution of Several Issues Concerning Work-related Injury Insurance (Tianjin Labor Bureau [2004] No. 361) stipulates that if a retiree is injured at work after being rehired, the work-related injury insurance policy shall not apply.

4. Article 14 of the Detailed Rules for the Implementation of the Regulations on Work-related Injury Insurance in Taiyuan City (and Zheng Fa [2004] No. 30) stipulates that if the injured person is a retiree employed by the employer or a person who has exceeded the statutory retirement age, the application for work-related injury determination shall not be accepted.

5. Article 17 of the Notice of the Chongqing Municipal Bureau of Labor and Social Security on the Implementation of the Regulations on Work-related Injury Insurance (Yu Lao Sheban [2004] No. 211) stipulates that retirees employed by employers, students of colleges and universities, technical schools and vocational high schools for internships are not subject to the Regulations and the Interim Measures for the Implementation of Work-related Injury Insurance in Chongqing (Yu Fu Fa [2003] No. 82).

2. Of course, there are also provisions that can be recognized as work-related injuries, but the work-related injury insurance benefits shall be paid by the employing unit.

1. The Notice of the Shanghai Municipal Labor and Social Security Bureau and the Shanghai Municipal Medical Insurance Bureau on Several Issues Concerning the Implementation of the Measures for the Implementation of Shanghai Work-related Injury Insurance (Hu Lao Bao Fu [2004] No. 38) stipulates that if a retiree employed by an employer in Shanghai is injured in an accident, his work-related injury identification and labor ability appraisal shall be implemented in accordance with the provisions of the Implementation Measures for Work-related Injury Insurance in Shanghai (Shanghai Municipal Order No. 29), and the work-related injury insurance benefits shall be paid by the employer with reference to the provisions of the Implementation Measures.

3. The other is that the local regulations are consistent with the provisions of the "Regulations", and there are no separate provisions on the determination of work-related injuries for retirees and workers who continue to work beyond the statutory retirement age.

For example, Article 2 of the Measures for the Implementation of Work-related Injury Insurance in Hebei Province (Hebei Province ** Order [2004] No. 7) clearly stipulates that all kinds of enterprises and individual industrial and commercial households with employees (hereinafter referred to as "employers") within the administrative area of Hebei Province shall participate in work-related injury insurance in accordance with the "Regulations" and the provisions of these Measures. The employer shall pay work-related injury insurance premiums for all employees or employees, and its employees or employees (hereinafter referred to as "employees") shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of the Regulations and these Measures.

The above-mentioned measures for the implementation of work-related injury insurance do not exclude workers who have retired or continue to work beyond the statutory retirement age from the measures, so it can be understood that they are entitled to work-related injury insurance benefits.

The period of recuperation for work-related injuries refers to the period of suspension of work with pay, during which the original salary and benefits remain unchanged and are paid by the employer 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. The period of suspension with pay is generally not to exceed 12 months, and where the injury is serious or special circumstances require an extension, the extension must not exceed 12 months.

Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a fixed income base, the compensation for lost work shall be calculated on the basis of the actual reduction in income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; If the victim cannot provide evidence to prove his or her average income in the last three years, Feng Liang may calculate it by referring to the average salary of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

Legal analysis: If an employee is injured in a work-related accident, there is no way to continue to work, according to the law, even if the employee is unable to continue to work during the work-related injury, the employer must pay the employee's salary. 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 injuries, 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.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 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 injuries, 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. 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 treated after the expiration of the suspension period, he or she will continue to enjoy the treatment of work-related injury medical treatment.

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.

If a work-related injury occurs after retirement, the injured employee shall be compensated according to the standard after disability appraisal in accordance with the provisions of the "Regulations on Work-related Injury Insurance". If the employer fails to pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits. Article 34 of the Regulations on Work-related Injury Insurance Article 62 of the Regulations on Work-related Injury Insurance.

If there is no labor contract or social insurance purchased, if there is a work-related injury, the injured employee can claim work-related injury benefits in accordance with the provisions of the "Regulations on Work-related Injury Insurance". If the employer fails to pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits. Article 34 of the Regulations on Work-related Injury Insurance Article 62 of the Regulations on Work-related Injury Insurance.

1. What is the treatment of employees during the medical treatment period for work-related injuries?

1. The injured employee will be reimbursed in full for the ** expenses, diagnosis and treatment fees, hospitalization fees, medical expenses, medicine expenses, and medical travel expenses required for work-related injuries or occupational diseases in the designated hospital. If it is approved to transfer to other places, the required transportation, accommodation and accommodation expenses shall be reimbursed according to the standard of the company's employees on business trips.

2. During the hospitalization of injured employees, the hospitalization meal subsidy shall be issued in accordance with the 2 3 standard of food subsidy for employees on business trips in this city.

3. For the diseases that are not within the scope of work-related injuries of the employees injured at work, the medical expenses shall be implemented in accordance with the relevant provisions of the current labor insurance medical care and social co-ordination of serious illness medical expenses.

4. If an employee is injured or suffers from an occupational disease and needs to stop working to accept the first job, the medical treatment period shall be implemented. The duration of the publicly-funded medical treatment period shall be put forward by the ** hospital designated by the enterprise and confirmed by the labor appraisal committee of the enterprise. The duration of the medical treatment period for work-related injuries is determined to be 1 month to 24 months according to the different circumstances of minor injuries and serious injuries, and the maximum period of medical treatment for serious work-related injuries or occupational diseases shall not exceed 36 months.

Those who still need to be treated for work-related injuries after the expiration of the medical treatment period for work-related injuries shall continue to enjoy the medical treatment for work-related injuries.

5. Employees injured at work will be paid wages during the medical treatment period of 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 monthly salary income of the injured employee in the 12 months prior to the injury.

2. How to calculate the wages of employees during the period of work-related injury.

During the period when the injured employee is suspended from work and retains his salary, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis.

The period of suspension of work with 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 community's municipal labor ability appraisal committee, but the extension period shall not exceed 12 months.

After the work-related injury employee is assessed for disability, the original treatment shall be suspended. In accordance with the regulations on work-related injury insurance, they are entitled to the treatment of disability level.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work and salary, the employer shall be responsible for bearing the expenses.

If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the work-related injury insurance** shall pay the living care expenses on a monthly basis.

The living care expenses shall be paid according to three different levels: being able to take care of oneself at all, being unable to take care of oneself for most of one's life, or being unable to take care of oneself partially, and the standard is one percent of the average monthly wage of employees in the city in the previous year.

Five. Ten, one percent.

Four. 10. 30 percent. I hope the above answer to the question of whether you are paid during the period of recuperation at work injury is valid for you.

How to claim compensation for work-related injuries while working in a private boss and negotiate compensation with the boss, and the boss will pay for medical expenses, nutrition expenses, follow-up **** expenses, and disability compensation if there is a disability. If the boss is unwilling to compensate, or the negotiation result is not satisfactory, you can sue the boss for compensation. There are two points to pay attention to in the lawsuit, depending on the content of the work you are engaged in, if it is a life or consumption job such as a nanny, it will be recognized as an employment relationship, and personal injury compensation must be taken through a civil lawsuit.

Other work contents should be recognized as employment relations. You can go to the local work-related injury department to determine the work-related injury, and the application for work-related injury determination shall be submitted.

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate. This is the key thing for you to deal with this incident, because you are working for a private boss, you should not have signed a labor contract, and you have not purchased work-related injury insurance. So you need to gather evidence that there is a de facto employment relationship between you.

If a local labor arbitration is initiated after the work-related injury is determined, if the labor contract has not been signed, the employee may claim double wages for the months without the labor contract and double wages for up to 11 months. If you are not satisfied with the outcome of the arbitration, you can file a lawsuit. What expenses are compensated by the employee's work-related injury employer, in addition to being paid out of the work-related injury insurance**.

1) Medical expenses for work-related injuries;

2) Cover auxiliary equipment configuration fee;

3) a one-time disability allowance;

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) In addition to the labor ability appraisal fee, the employer also needs to pay a certain amount of compensation to the employee who is injured at work

1) Work-related injury hospitalization meal subsidy, transportation expenses and accommodation expenses for medical treatment in other places: The hospitalization meal subsidy for hospitalized work-related injured employees during the hospitalization** period shall be paid by the employee's unit in accordance with 70% of the unit's business trip meal subsidy standard; 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 suspension period: The wages and benefits of the injured employees during the period of suspension of work and pay remain unchanged and shall be paid by the employer on a monthly basis; If the employee is unable to take care of himself/herself, the employer shall send someone to take care of him/her, and the accompanying expenses shall be paid by the employer in accordance with 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 a disability allowance of 70 and 60 of their salary on a monthly basis.