Whether the salary during the new period of work related injury is the average salary in December be

1.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 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.

2.Generally speaking, if you have worked for less than one month before the work-related injury, your original salary should be calculated according to the monthly salary agreed in the contract; If the original salary amount has not been agreed upon or cannot be determined, the salary of the same position will generally be used as the standard.

3.However, in practice, many units are issued according to the basic salary, regional minimum wage standards, etc., which is illegal, and injured employees can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they do not understand, they can directly call 12333 to consult the local labor department.

In fact, it doesn't matter, the suspension of work paid by the enterprise after the work-related injury will be deducted in the final unified calculation of the work-related injury compensation.

Treatment during work-related injury: According to Article 31 of the Regulations on Work-related Injury Insurance: If an employee suffers an accident injury or suffers from an occupational disease at 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 municipal level 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.

Legal Analysis: The average monthly salary of an injured employee in the 12 months prior to an accident injury or occupational disease at 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.

Legal basis: Article 27 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China Article 27 The monthly wage of economic compensation as stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the employee, including hourly wages or piecework 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. All monetary income is counted as wages.