In 2017, the state stipulated how much is the monthly salary for work related injuries

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 cost of work-related injury insurance shall be paid by the employer and the work-related injury insurance** shall be paid by the "Social Insurance" Article 38 The expenses of work-related injury shall be paid in accordance with the provisions of the family work-related injury insurance**: (**Work-related injury medical expenses**; (2) Subsidies for in-hospital meals; (3) Coordinate the transportation, accommodation, and accommodation expenses of foreign doctors in the district; (4) The cost of installing and configuring assistive devices for the disabled; (5) Able to take care of oneself and confirm nursing expenses by the appraisal committee; (6) Employees with sexual disability allowance to grade 4 disability shall receive disability allowance on a monthly basis; (7) Terminate or terminate the labor contract and shall be entitled to sexual medical subsidies; (8) In the event of a worker's death, the surviving family members shall receive funeral subsidies, pensions for dependent relatives, and workers' death allowances; (9) Labor ability appraisal fee Article 39 The expenses listed for work-related injuries shall be paid by the employer in accordance with the provisions of the family: (**Wages and benefits during the work-related injury; (2) Employees with disabilities at Grade 5 and Grade 6 receive disability allowance on a monthly basis; (3) Sexual disability subsidy shall be enjoyed when the labor contract is terminated or dissolved; Article 40 An injured employee shall meet the conditions for receiving the basic pension, suspend the disability allowance, enjoy the basic pension insurance benefits, and the basic pension insurance benefits shall be lower than the disability allowance and the work-related injury insurance** to make up the difference; Article 40 If the work-related injury accident occurs in the unit used by the employee fails to pay the work-related injury insurance premiums, the employer shall pay the work-related injury insurance benefits, and the work-related injury insurance shall be paid by the employer** Work-related injury insurance** The first payment of work-related injury insurance benefits shall be recovered by the employing unit and the social insurance agency of the employing unit in accordance with the provisions of Article 63 Article 42 Due to the third original work-related injury, the third payment of work-related injury medical expenses or the determination of the third work-related injury insurance** to pay the work-related injury insurance in advance, the right to pay the work-related injury insurance in advance shall be recovered from the third party Article 43 The injured employee shall cease to enjoy the work-related injury insurance benefits under the following circumstances:

loss of conditions for entitlement; (2) Refusal to accept the evaluation of labor ability; (3) Refusal**.

Calculated based on the average salary of the person before the work-related injury.

Generally speaking, if it is recognized as a work-related injury, in addition to some health care night pay and some environmental pollution expenses, the normal labor income will be given to you, which is stipulated in the labor law.

Then he should pay you a basic salary, 5,000 yuan is enough.

It cannot be lower than the local minimum wage, usually the basic salary given by the workplace, and there is no such thing as performance pay and subsidies. It is also calculated based on the average salary of local employees.

In fact, there is no fixed standard for this, you have to see if you are in what kind of company?

The wages during the work-related injury period are divided into two parts: first, if the employee is hospitalized and injured at work, the unit shall pay the hospitalization food subsidy according to 70% of the food subsidy standard for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. Second, 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 unit to which he or she belongs on a monthly basis.

However, it should be noted that 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 level of a city divided into districts, but the extension shall not exceed 12 months.

Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of those who are prepared to work shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours in accordance with the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a person who is scheduled to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300 percent of his wages.

From a legal point of view, your original salary and treatment remain unchanged (that is, if the wage compensation base you agreed upon, but more than three times the average salary of employees in the overall planning area, the above part will not be supported).

Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at 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.

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 level of a city divided into districts, 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.

Article 64 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 average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. 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.

Regulations for the Implementation of the Labor Contract Law

Article 27 The monthly wages for economic compensation as provided for in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

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.

If the work-related injury is determined to be down, the original salary amount remains unchanged and is paid by the employer on a monthly basis.

1.If the employee has worked in the employer for 12 months before the work-related injury, the original wage standard shall be calculated according to the average monthly wage (including basic salary, bonus, allowance and overtime wage) payable in the 12 months before the work-related injury.

2.If the employee has worked for the employer for less than 12 months before the work-related injury occurs, the original wage standard shall be calculated according to the average monthly wage for the actual number of months worked before the work-related injury.

3.If the worker's work is less than one month before the work-related injury, the worker's wage standard during the work-related injury period shall be calculated according to the monthly wage agreed in the contract, and if the original wage amount has not been agreed upon or cannot be determined, the original wage standard shall be calculated at no less than 60% of the average monthly social wage of the employees in the city in the previous year.

The wages shall be paid according to the average monthly wages payable to the injured employee in the year preceding the injury; If the employee worked for less than one year before the injury, the average monthly salary of the employee worked before the injury shall be paid; If the work is less than 1 month, it will be paid according to the level agreed in the contract; If the total salary is not stipulated in the contract, it shall be paid according to the average social wage.

According to the original salary amount, the unit will pay it on a monthly basis.

The compensation standard for the monthly wage of the work-related injury is based on the average monthly salary of the injured employee in the 12 months before the accident injury or occupational disease suffered from the work, and the compensation for the following items is compensated: the one-time disability subsidy for the first to fourth grade disability is one month's salary respectively; The disability allowance for grade 5 and grade 6 disability is % of the person's salary respectively; Other. Legal basis:

Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Legal analysis: The compensation standard for the monthly wage of work-related injury is based on the average monthly salary of the injured employee in the 12 months before the work-related injury or occupational disease, and the compensation is as follows: the one-time disability subsidy for first-grade to fourth-grade disability is one month's salary respectively; The disability allowance for the fifth and sixth grade injuries is respectively % of the salary of the person; Other.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.