How to compensate for lost time pay for work related injuries on construction sites?

This issue is relatively broad and involves the scope, procedure, subject and other aspects of compensation. First of all, let's talk about the scope of compensation, mainly including: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages during the period of suspension of work, nursing expenses during the period of suspension of work, one-time disability subsidy, termination of labor relations, one-time medical subsidy for work-related injuries and one-time disability employment subsidy, and in the event of work-related death, it also includes the pension of dependent relatives.

Secondly, the compensation procedure is relatively lengthy, and the employer should apply to the labor bureau for recognition of the work-related injury within one month after the occurrence of a work-related injury. If the employer does not apply, the injured person must file an application with the labor department within one year from the date of the accident. After the work-related injury is determined, after the medical treatment is completed or the medical treatment period expires, the labor appraisal committee at or above the county level shall conduct an appraisal of the disability level.

Based on the appraisal results, the compensation standard is calculated. Finally, if the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period, which need to be paid by the company, other items are generally paid by work-related injury insurance; If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, and the employee can make up the payment in time after the work-related injury, the relevant expenses shall be borne by the social security and the company through negotiation. 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 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. Article 62 of the Regulations on Work-related Injury Insurance?

If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Compensation for lost time is not payable for work-related injuries.

During the work-related injury** and recovery period, the employer shall pay the wages for the period of suspension without pay, and does not need to pay compensation for lost time.

Wages during the period of suspension of work with pay: The wages during the period of suspension of work and salary (** period, ** period) shall be paid according to the original treatment (the length of the period of suspension with pay shall be appraised by the Labor Ability Appraisal Committee);

If a worker is injured on a construction site, if it is determined that he is injured at work, the employer shall pay the worker's wages during the period of work-related injury according to the average salary of the worker in the 12 months prior to the injury. 1. To apply to the Human Resources and Social Security Bureau (the former Labor Bureau) for the recognition of work-related injury, it is necessary to declare within one month of the accident, and if the application is not made, the injured employee or his close relatives shall apply for recognition within one year. Documents to be submitted:

Application form for work-related injury determination (**generally have** by the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.; 2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and apply to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level); 3. According to different disability levels, the compensation obtained is different. 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.

4. If the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and is unable to apply for a determination of the employee's injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made. 5. Relevant Regulations on Work-related Injury Insurance, Measures for the Determination of Work-related Injuries, Law on Mediation and Arbitration of Labor Disputes and the regulations on work-related injury insurance of the province where the worker is located.

Article 33 of the New Regulations on Work-related Injury Insurance Article 33 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 injury, 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 to be cared for during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal Analysis: That workers' compensation involves the following parts of the compensation of the pure project of the car. The first is the medical fee, the second is the **** fee, and the third is the assistive device fee.

The fourth is the pay for the leave of absence, the fifth is the disability benefit, and the sixth is the one-time employment benefit and the one-time medical benefit. So let's take a look at them separately, medical expenses are the necessary expenses required for work-related injuries, and the cost of work-related injury insurance hospitalization service standards in line with the work-related injury insurance drug catalog of work-related injury insurance diagnosis and treatment projects, then this part of the cost can be paid by work-related injury insurance, and then hospitalization, hospitalization food subsidies, transportation expenses, accommodation expenses, and the specific standards are stipulated by the people in the overall planning area. As long as it meets the list of diagnosis and treatment items of work-related injury insurance, the list of drugs of work-related injury insurance, and the hospitalization service standards of work-related injury insurance, these things can also be paid by work-related injury insurance**.

Then the assistive device fee is in each province and municipality directly under the central government, and it has a specific limit standard, so this part of the fan laughs is based on the local standard. Then the fourth part is the salary of the suspension of work, which should be paid by the unit on a monthly basis according to the original salary and benefits. Then the disability allowance is generally 27 months' salary for the first degree of disability, and seven months' salary for the 10th degree of disability.

If the disability allowance is lower than the local minimum wage, it will be made up by the employer.

There are two ways to calculate work-related injury compensation according to whether the patient has a regular income or not. If the patient has a fixed income, the fixed income reduced by the patient due to the loss of work shall be calculated according to the fixed income, and if the income is more than 3 times the average salary of the employee in the previous year where the medical accident occurred, it shall be calculated according to 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where the medical accident occurred.

Legal Analysis: Compensation standard for work-related injury and lost work: paid by the unit according to the monthly wage standard before the injury, generally not more than 12 months, if the injury is serious or the situation is special, the maximum period shall not exceed 24 months after confirmation by the labor appraisal committee.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) The old draft of the one-time disability subsidy and the monthly disability allowance received by the disabled employees of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the case of work-related death, the funeral allowance, the pension for dependent relatives and the stool containing the compensation for the death of the surviving family members due to work;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.