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During the period of suspension of work-related injury, the employer shall pay wages on a monthly basis according to the original salary, which refers to the average salary for the 12 months prior to the injury. The wages for the period of suspension are considered to be workers' compensation benefits.
If the employer has paid part of the wages during the work-related injury period, but does not meet the above standards. When requesting the employer to pay wages for the period of suspension of work, the employer shall deduct the part already paid.
Legal basis: Regulations on Work-related Injury Insurance
Article 33 Where 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 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.
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There shouldn't be such a provision at the moment.,Otherwise, you should visit the post.。
Ask the injury lawyers above to see what they do!
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Irrationality. Unreasonable, during the period of suspension of work and salary, the salary will be paid normally. Regulations on Work-related Injury Insurance".
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The topic is unclear. However, the work-related injury policy is very strong. It is necessary to talk about legitimacy. Rationality cannot be inferred from our knowledge. There are laws and regulations for the whole process of handling work-related injuries. Only by using the law can we effectively safeguard our rights.
In the event of a "work-related injury", you may request a document. FYI.
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At the base salary, but not lower than the local minimum living standard.
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Compensation based on the average wage of the 12 months prior to the work-related injury.
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According to the original salary and benefits.
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The pay for the period of leave without pay is paid according to your average salary for the previous 12 months, if there is no average salary for the previous 12 months, it will be paid according to the minimum wage, and if the minimum wage is less than 60% of the average wage of the co-ordinated area, it will be paid according to 60% of the average wage of the co-ordinated area. If the company is in violation, it can claim to make up the difference at the time of arbitration.
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Summary. According to the relevant laws and regulations of the state, it is illegal to pay only the minimum basic wage for work-related injuries, and the original salary and benefits shall remain unchanged and shall be paid by the employer during the period of suspension of work. If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the employee suspends work during the work-related injury, he or she shall be deemed to have provided normal labor, and continue to enjoy wages and benefits according to the level of wages and benefits before the suspension of work due to the accident injury or occupational disease.
Is it illegal for an employer to pay wages under the minimum subsistence guarantee during the period of work-related injury, and can the arbitration request for economic compensation for the termination of the contract?
Parsing for you, please wait.
Hello, if the labor contract is terminated by yourself, of course, there is no economic compensation, and if the company terminates you without reason, of course, there is economic compensation.
According to the provisions of the relevant laws and regulations of the state, it is illegal to pay only the minimum basic wage for work-related injuries. If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the employee suspends work during the work-related injury, he or she shall be deemed to have provided normal labor, and continue to enjoy wages and benefits according to the level of wages and benefits before the suspension of work due to the accident injury or occupational disease.
Is it not possible to pay wages during the period of work-related injury if the amount is already underpaid?
Is it legal to pay only the minimum wage during the period of work-related injury?
Hello, the above has already explained to you, it is not legal to only pay the minimum wage standard during the work injury.
During the working period, the salary shall be paid according to the salary before the work-related injury.
Isn't it lawful to claim forced separation compensation on this basis?
Nope. If the company only pays the minimum wage, how should it defend its rights?
Just go directly to the local labor bureau to defend your rights.
Only when the employer proposes to leave the company can you ask for compensation, right, and you can't quit for any reason.
Yes. Under what circumstances can compensation be claimed?
Hello, I have already told you that compensation can only be claimed if the employer is at fault.
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Workers' compensation includes: medical expenses, wages during the period of employment, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, etc.
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No, if you can be rated as a disability after **OK, there will be a disability allowance.
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No, there will be a one-time disability benefit if you become disabled.
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It is not the basic salary, but the original benefits must be included.
There is also a hospital meal subsidy during hospitalization, the key is that you need to do a labor ability appraisal to see if there is a disability, if there is, there are many more items of compensation.
Wuhan lawyer Han Fei stayed.
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It depends on the severity of your injury.
If the injury is minor, ** there is no disability, only the medical expenses for work-related injuries and the wages for the period of suspension of work (lost work pay);
If the injury is serious and the disability level is identified, there shall be disability compensation, including a one-time disability subsidy, as well as a one-time medical subsidy for work-related injuries and a disability employment subsidy when leaving the unit.
It is recommended to apply to the local labor department for work-related injury identification and labor ability appraisal according to regulations.
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 with pay, and shall be paid by the employer on a monthly basis. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by 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.
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