If the work related injury is not established, will the compensation be made according to the calcul

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Work-related injuries that do not constitute a level of disability can enjoy the following work-related injury insurance benefits: the original salary and benefits during the suspension period remain unchanged and are paid by the employer on a monthly basis; The work-related injury insurance** shall pay the labor ability appraisal fee according to the facts; The work-related injury insurance** shall pay the hospital meal subsidy according to the standard stipulated by the province or city; Other.

[Legal basis].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 to receive medical treatment from the work-related injury bureau, 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 ** 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.

1. What work-related injuries can be compensated for poor leads.

1) Being injured in an accident during working hours and in the workplace due to work-related 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. At the same time, according to the provisions of Article 15 of these Regulations, if an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours of being rescued after being rescued;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

2. Which work-related injuries are not compensated for although they meet other conditions for the determination of work-related injuries, but they meet the following circumstances, they shall not be recognized as work-related injuries or regarded as work-related injuries

1) Due to a crime or violation of the administration of public security**.

b) Drunkenness leads to **.

3) Self-harm or suicide.

4) Other circumstances provided for by laws and administrative regulations. Principles and procedures for the identification of work-related injuries.

1. It is necessary to deal with the relationship between medical labor appraisal and the shortness of the disability level. It is necessary to hire medical experts with experience, good medical ethics and medical labor appraisal qualifications to set up an appraisal technical team, and resolutely put an end to the phenomenon of one-person appraisal;

3. Determination of Liability 1 The theoretical basis for the practice of workers' compensation in the employer's non-liability stage (employer's non-liability stage) is the famous British economist in the 18th century? Smith's views in the theory of "risk sharing". The above theory is known as the "dangerous conceit".

2 Employer's Fault Liability StageIn the second half of the 19th century, workers won certain victories in their struggles, and employers who were liable for work-related injuries assumed the principle of "negligence compensation". 3 Employer's No-Fault Liability StageIn the late 19th century, labor struggles and social progress, Britain, Germany and other countries confirmed the "occupational hazard principle". As a result, the liability for work-related injuries enters the stage of "no-fault liability" of the employer.

If you have a work-related injury, you should get compensation from the work-related injury insurance, and the employees in the company generally have work-related injury insurance, which is in the social insurance, and most of the compensation costs are directly compensated from the work-related injury insurance.