If I am injured at work, how to calculate my salary during the recuperation period?

Updated on society 2024-03-20
1 answers
  1. Anonymous users2024-02-07

    You can refer to some of the provisions of the Workers' Compensation Insurance Regulations.

    Chapter V Work-related Injury Insurance Benefits.

    Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.

    The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; 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. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

    If the cost of the injured employee to the medical institution that has signed the service agreement is met, it shall be paid from the work-related injury insurance. Article 30 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, prosthetic eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State. Article 31 Where 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.

    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. Article 32 Where an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of daily care, the living care expenses shall be paid monthly 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

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Negotiate with the company, and if the company is willing to be satisfied with both parties, then there is no problem. If the company is unwilling to compensate, it can be resolved through litigation procedures, pay attention to evidence collection during the litigation process, especially various receipts and invoices, etc., which is an important evidence for compensation, and there is important evidence for the case.