How are lost days calculated for injured workers?

1.There is no loss of working days for work-related injuries, and the employee is entitled to a period of suspension with pay according to the injury of the injured employee.

2.According to Article 33 of the Regulations on Work-related Injury Insurance, the period of suspension with pay shall generally not exceed 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.

3.The period of suspension with pay shall be calculated from the date on which the employee ceases to work after being injured in an accident or diagnosed with an occupational disease, but the "Regulations on Work-related Injury Insurance" does not clearly stipulate the determination of the length of the period of suspension with pay, and it is generally believed that it should be determined in combination with the injury of the injured employee and the opinions issued by the hospital. In practice, some provinces, autonomous regions and municipalities directly under the Central Government have promulgated corresponding management measures and formulated the Catalogue of Classification of Suspension Periods for Employees Injured at Work to determine the length of the period of suspension with pay according to the specific injuries.

I don't know what the concept of your lost working days is, in the regulations on work-related injury insurance, there is no such statement and definition, during the period when the employee needs to rest due to work-related injury, the salary will be paid, the medical expenses will be reimbursed, and the hospital meal subsidy will be issued during the hospitalization.

If it is a safety accident, according to the injury, the work-related injury is divided into serious injury and minor injury according to the provisions of the "Classification Standard for Accidents of Enterprise Employees" GB 6441-1986, and the degree of injury of safety accident is divided into: 1 minor injury, which refers to the loss of 1 working day to 105 working days of disabling injury, 2 serious injury, refers to the loss of more than 105 working days of disabling injury.

It is determined on the basis of disability assessment and grade.

Summary. A serious injury is a lost working day greater than or equal to 105 days. According to the law, serious injury refers to the injury caused by an injury accident to an employee that causes physical disability, or serious damage to the employee's visual, auditory and other organs, resulting in long-term dysfunction of the human body, or significant loss of working ability.

Generally speaking, any of the following circumstances is a serious injury accident: 1. A person who has been diagnosed by a doctor as having become disabled or may become disabled; 2. The injury is serious and requires major surgery to be rescued; 3. Severe burns or scalds on vital parts of the human body, or burns or scalds that account for more than one-third of the whole body area even though they are not critical parts; 4. Severe fractures (fractures caused by injuries to the sternum, ribs, vertebrae, clavicle, shoulder blades, wrist bones, leg bones and foot bones), severe brain fractures, etc.; 5. Serious eye injury and possible blindness; 6. Broken one section of the thumb; Breaking two segments of any finger of the index finger, middle finger, ring finger or little finger or breaking one segment of each of each two fingers; The local tendon is injured severely, causing dysfunction and the possibility of disability that cannot be flexed freely; 7. The toe is broken more than three toes; Local tendon injury is very serious and causes dysfunction, and there is a possibility of disability that cannot walk; 8. Internal injury: internal organ injury, internal bleeding or injury to the pleura.

A serious injury is a lost working day greater than or equal to 105 days. According to the law, serious injury refers to the injury caused by the injury accident of an in-service employee, resulting in physical disability, or serious damage to the employee's visual, auditory and other organs, resulting in long-term impairment of the human body's ability to perform simple and pure functions, or an injury with a major loss of working ability. Generally speaking, a serious injury accident occurs when one of the following circumstances occurs:

1. Diagnosed by a doctor as having become disabled or likely to become disabled; 2. The injury is serious and requires major surgery to be rescued; 3. Severe burns or scalds on vital parts of the human body, or burns or scalds that account for more than one-third of the whole body area even though they are not critical parts; 4. Severe fractures (fractures caused by injuries to the sternum, ribs, vertebrae, clavicle, shoulder blades, wrist bones, leg bones and foot bones), severe brain fractures, etc.; 5. Serious eye injury and possible blindness; 6. Broken one section of the thumb; The index finger, middle finger, ring finger, or little finger of any finger is broken by two segments, or any two fingers are broken by Huisen; The local tendon is injured severely, causing dysfunction and the possibility of disability that cannot be flexed freely; 7. More than three toes per mu before the toe is broken; Local tendon injury is very serious and causes dysfunction, and there is a possibility of disability that cannot walk; 8. Internal injury: internal organ injury, internal bleeding or injury to the pleura.

Legal basis: "Classification Standards for Accidents of Employees of Pailu Enterprises" 4 1 Minor injuries refer to disabling injuries with a loss of more than 1 working day (including 1 working day) and less than 105 excavation days. 4 2 Serious injuries refer to disabling injuries with dust and combustion loss of more than 105 working days (including 105 working days) and less than 6,000 working days.

4 3 Death refers to a disabling injury in which the number of working days lost is more than 6,000 working days (including 6,000 working days).

The standard of compensation and the calculation of losses shall be carried out in accordance with the following provisions:1If the loss of the employee's wage income is caused, the employee shall be paid according to the employee's own salary income, and 25% of the salary income shall be compensated.

2.If the loss of labor protection benefits is caused, the labor protection allowance and supplies of the worker shall be supplemented in accordance with the provisions of the state. 3.

In the event of a loss of work-related injury or medical treatment to a worker, in addition to providing work-related injury and medical treatment to the worker in accordance with the provisions of the state, the worker shall also be paid compensation equivalent to 25% of the medical expenses. 4.If the health of female employees and juvenile workers is damaged, in addition to the medical treatment provided during the first period in accordance with national regulations, compensation equivalent to 25% of their medical expenses shall also be paid.

5.Other compensation expenses as stipulated in the labor contract.

The legal basis is troublesome

Article 3 of the Measures for Compensation for Violation of the Labor Law on Labor Contracts? The compensation provided for in Article 2 of these Measures shall be implemented in accordance with the following provisions: (1) If the loss of wage income is caused to the worker, the worker shall be paid according to the wage income due to the worker, and the compensation fee of the due wage income shall be 25; (2) If the loss of labor protection benefits is caused to the laborer, the labor protection allowance and supplies of the laborer shall be supplemented in accordance with the provisions of the state; (3) In the event of a loss of medical treatment or injury caused to the worker, in addition to providing the worker with work-related injury and medical treatment in accordance with the provisions of the state, the worker shall also be compensated for medical expenses equivalent to 25 per cent; (4) If the physical health of female employees and juvenile workers is harmed, in addition to the medical treatment provided for the first period in accordance with the provisions of the state, compensation equivalent to their medical expenses shall also be paid25; (5) Other compensation expenses agreed in the contract before the labor contract.

The standard for determining work-related injury loss working days refers to the time when an employee needs to take leave or stop work to recuperate after a work-related injury. According to the Regulations on Work-related Injury Insurance, a continuous work-related injury of less than 4 days is not recognized as a work-related injury; 4 days to 12 days, it is recognized as 1 work-related injury loss working day; Between 12 and 21 days, it is recognized as 2 working days with work-related injuries; And so on.

The standard for determining work-related injury loss working days refers to the time when an employee needs to take leave or stop work to recuperate after a work-related injury, and it is also an important basis for measuring the degree of work-related injury and the amount of compensation. According to the Regulations on Work-related Injury Insurance, the following conditions should be met for the determination of work-related injury loss working days: First, it should be confirmed whether the employee has been physically injured or sick due to work-related reasons.

If it is confirmed that it is a work-related injury, you can start counting the time of lost work days. Secondly, the calculation of lost work days is based on the actual time off or downtime. Where the continuous work-related injury period is less than 4 days, it is not recognized as a work-related injury; If it is between 4 days and 12 days, it shall be deemed to be 1 work-related injury loss working day; where there are between 12 and 21 days, it is determined to be 2 work-related injury loss working days; And so on.

Finally, the cumulative period of work-related injuries for the same work-related injury shall not exceed 24 months, and the standard of leave expenses for each work-related lost workday shall be calculated according to the average wage of the employee.

Will the criteria for determining work-related lost workdays vary by region? No. The criteria for determining work-related lost working days are uniform across the country and do not vary from region to region.

However, in the specific implementation process, different calculation results may be produced due to the length of the employee's vacation or suspension of work and recuperation.

The criteria for determining work-related lost working days are an important part of the work-related injury insurance system. The correct and fair determination of work-related injury loss working days is not only a protection for the legitimate rights and interests of employees, but also a protection for the legitimate rights and interests of employers. Therefore, in the specific operation process, it is necessary to carefully calculate and verify in accordance with the provisions of relevant laws and regulations to ensure that the rights and interests are fully protected.

Legal basis]:

Article 15 of the Regulations of the People's Republic of China on Injury Insurance for Workers and Slag Workers shall not be deemed to be a work-related injury if the continuous work-related injury is less than 4 days; If it is between 4 days and 12 days, it shall be deemed to be 1 work-related injury loss working day; where there are between 12 and 21 days, it is determined to be 2 work-related injury loss working days; For more than 21 days, one work-related injury loss working day will be added for every 7 days.

According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.

Article 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 area. 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.

If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for a labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;

Depending on the level of disability, the compensation received is not the same. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the appraisal of labor ability, and finally the compensation according to the level of disability.

If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.

The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.

Article 64 of the Regulations on Work-related Injury Insurance defines the employee's salary, which refers to the work-related injury insurance payment base. However, the payment of work-related injury insurance is a unilateral obligation of the employer, and the beneficiary of the low-level work-related injury insurance is the employer, but the victim is the employee, which causes great injustice to the employee. Therefore, if you want to claim the employer to make up the difference after you receive a one-time disability subsidy, you must file for labor arbitration within one year, otherwise the arbitration statute of limitations will be lost according to Article 27 of the Labor Dispute Mediation and Arbitration Law.