How to calculate the lost work pay for the person who cares for after a work injury

1.Based on the circumstances described, the loss of time pay should fall under the category of nursing expenses. There are two types of work-related injury nursing expenses, one is the nursing care during the period of suspension of work, and the other is the need for life care after the assessment of labor ability.

2.In the case of nursing care during the period of suspension of work with pay, according to Article 33 of the Regulations on Work-related Injury Insurance, if the injured employee who is unable to take care of himself needs nursing care during the period of suspension with pay, the employer shall be responsible for it. If the unit does not arrange care, the unit shall pay the nursing fee for the nursing staff.

3.Where the specific standards are to be operated with reference to the relevant provisions 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", where the nursing staff has income, the nursing expenses shall be calculated with reference to the provisions on lost time pay, and where the nursing staff has no income, the labor remuneration or the average regional wage of the local nursing staff engaged in the same level of nursing care shall be referred to.

4.If life care is required after the labor ability appraisal, the nursing fee shall be paid by the work-related injury insurance**, and the employer will no longer bear it.

5.According to Article 34 of the Regulations on Work-related Injury Insurance, if an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of living care, he or she shall be paid a monthly living care allowance from the work-related injury insurance**.

Article 32 of the Regulations of the People's Republic of China on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee from the work-related injury insurance. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively the average monthly salary of employees in the overall planning area in the previous year or 30. The Regulations on Work-related Injury Insurance also stipulate that:

Where an injured employee is unable to take care of himself or herself during the period of suspension of work and salary, the employer shall be responsible. ”

Therefore, this lawyer believes that your father's nursing expenses during his hospitalization should be based on your mother's average monthly salary, or if you are unable to provide your mother's average monthly salary, the average salary of your province where you live. But you should provide evidence that the hospital really needs care.

Whether your father needs nursing care after recovery and the calculation of nursing expenses will be handled in accordance with the provisions of Article 32 above.

Legal analysis: Compensation for work delay caused by work-related injury, compensation for lost time pay: paid by the employee's employer (the standard is the monthly salary of the injured worker before the injury, generally not more than 12 months).

If the employee is seriously injured after being confirmed by the relevant authorities, the employer will pay the compensation for lost time depending on the situation, but it cannot exceed 24 months.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance If an employee suffers an accident injury 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.

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 must 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 injured after the expiration of the suspension period, he or she will continue to enjoy the medical treatment of the worker's 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.

Legal analysis: 1. Those with a fixed income:

Lost time pay (days, months, years) * Lost time spent on work.

2. Those with no fixed income:

The victim can prove his or her average income for the last three years:

Lost time spent (days) * Average income level in the last three years (days).

The victim is unable to prove his or her average income for the last three years (stereotyped criteria):

Lost time spent on work (days) * The average wage of employees in the same or similar industry in the previous year (days).

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 7: 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.

If the victim continues to miss work due to disability due to injury, the time of missing work can be calculated up to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim has no regular income, it is calculated on the basis of his average income in the last three years, and where the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by referring to the high 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.

1. Those with a fixed income:

Lost time pay (days, months, years) * Lost time spent on work.

2. Those who have no fixed income:

The victim can prove his or her average income for the last three years:

Lost time spent (days) * Average income level in the last three years (days).

The victim is unable to prove his or her average intake status in the last three years (stereotyped criteria):

Lost time (days) * The average salary of employees in the previous year (days) in the same and similar industries.

1) If the employee has worked in the unit for 12 months before the work-related injury, the original wage standard shall be calculated according to the average monthly salary (including basic salary, bonus and allowance, and overtime wage) payable in the 12 months before the work-related injury; (2) If the employee has worked in the unit for less than 12 months before the work-related injury occurs, the original wage standard shall be calculated according to the average monthly wage payable for the actual number of months of work before the work-related injury. (3) If the work is less than one month before the work-related injury occurs, the original wage standard shall be calculated according to the monthly wage agreed in the contract; If the amount of the original salary 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. Lost time pay for work-related injuries refers to the wages of the employee during the period of suspension of work, which remains unchanged according to the original salary and benefits.

Legal basis] Article 11 of the Implementation Measures for Paid Annual Leave for Employees of Enterprises.

The daily wage income for calculating the salary and remuneration of unused annual leave shall be converted according to the monthly salary of the employee divided by the number of monthly salary days (days). The term "monthly wage" as used in the preceding paragraph refers to the average monthly wage of an employee in the 12 months prior to the employer paying him or her wages for unused annual leave, excluding overtime wages. If the working time of the employer is less than 12 months, the average monthly salary shall be calculated according to the actual month.

Employees are entitled to the same salary during the annual leave period as they would during normal work. For employees who are subject to piecework wages, commission wages or other performance-based wage systems, the calculation and payment of daily wage income shall be implemented in accordance with the provisions of paragraphs 1 and 2 of this article.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.