I have been recuperating for half a year due to work related injuries, and it is reasonable for the

If the injured employee has recuperated for half a year, and the factory only pays the wages for the period of suspension of work for four months, whether it is legal shall be determined according to the following methods:

1. If the injured employee submits a written certificate from the medical institution for work-related injury, and the employer has no objection, it is illegal to pay only 4 months' wages.

2. If the injured employee submits a written certificate and the employer only approves it for 4 months, the injured employee may apply to the labor dispute arbitration commission for confirmation, and if the application is confirmed, the wages shall be paid during the suspension period according to the confirmed time; If there is no application for confirmation, it is legal for the employer to pay 4 months' wages.

3. If the injured employee only provides a written certificate for 4 months, or the written certificate provided is less than 4 months, the employer shall pay 4 months' wages legally.

If the employer fails to pay the wages for the period of suspension of work with pay in accordance with the law, it is a labor dispute, and the injured employee may apply for labor dispute arbitration to protect his rights.

***。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.

People of Jiangsu Province**.

Jiangsu Province Measures for the Implementation of the Regulations on Work-related Injury Insurance

Article 25 The period of suspension with pay for an injured employee shall be determined on the basis of the certificate of leave issued by the medical institution that signed the service agreement or the work-related injury ** institution that signed the service agreement. If the period of suspension of work with pay exceeds 12 months, it must be confirmed by the labor ability appraisal committee of the city divided into districts. The conclusion of the suspension period confirmed by the Labor Ability Appraisal Committee of the city divided into districts is the final conclusion.

During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the injured employee. Except as otherwise provided by laws and regulations.

Hello, this depends on your disability level, there are three major items of workers' compensation for workers' compensation, but they are jointly borne by the company and work-related injury insurance**.

A one-time disability allowance of 7 months of work-related injury insurance** is paid, and if it can prove the salary of the 12 months before the injury, it shall be calculated according to the average of the 12 months' wages; If it cannot be proven, it shall be paid according to the average of the work-related injury insurance contribution base paid by the company in the 12 months prior to the injury. There is a big difference between the two, and it is advisable to take the initiative to submit proof of salary.

The one-time employment subsidy is paid by the company for 6 months, and the standard is to coordinate the average monthly salary of local employees in the previous year, and call 12333 for inquiries.

A one-time medical benefit is paid for 4 months of workers' compensation insurance**, the standard is the same as 2.

Others, such as nursing care expenses, transportation subsidies, etc., are negotiated with the company.

If there is a work-related accident in the enterprise, the cost is borne by the enterprise, the enterprise is obliged to apply to the labor department for a work-related accident report, and apply for work-related injury identification, you have a work-related injury level certificate, if you leave the job, you can get the compensation corresponding to the work-related injury level, after the work-related injury, you will pay the basic salary during the ** period, until you go to work after the recovery from the work-related injury.

Summary. Hello dear, it's up to me to take your questions I was hospitalized for nine months for a work-related injury. However, it is illegal for the employer to only pay six months' salary.

According to Article 66 of the Labor Law of the People's Republic of China, "if a person is disabled due to work, the employer shall pay disability allowance and nursing allowance in accordance with relevant regulations, and give him a monthly salary, and the disability allowance and nursing allowance shall be paid on a monthly basis, and the monthly salary shall be paid according to the actual number of months worked." It can be seen that it is illegal for an employer to pay the injured employee nine months' wages instead of only six months' wages if he is hospitalized for nine months.

I was hospitalized for nine months with a work-related injury. However, the employer only paid six months' salary. Is that right?

Hello dear, let me take your question I was hospitalized for nine months for a work-related injury. But the unit only gave six months' salary, which is not legal. According to the provisions of Article 66 of the Labor Law of the People's Republic of China:

If the employee is disabled due to work, the employer shall pay the disability allowance and nursing allowance in accordance with the relevant regulations, and give him a monthly salary, and the disability allowance and nursing allowance shall be paid on a monthly basis, and the monthly salary shall be paid according to the actual number of months worked. "It can be seen that it is illegal for an employer to pay the injured employee according to the nine-month salary of the injured employee instead of only six months' salary if he has been hospitalized for nine months for a work-related injury.

You can file a complaint with the local labor and social security department, and the local labor and social security department will investigate your situation and give you corresponding compensation in accordance with the provisions of the Labor Contract and Law of the People's Republic of China. You can also file a complaint with the employer with the support of the relevant authorities, requesting the employer to give you the due salary compensation in accordance with the law.

The employer said that it was a six-month salary set by the labor department.

The unit said that it was not right to kiss. If the injured employee is hospitalized for nine months, the employer should pay the injured employee the salary for nine calendar months, instead of only six bad calendar months.

The unit only gave 6 months of basic salary, and nothing else was paid, is this reasonable?

Unreasonable pro, it is recommended that you apply for arbitration here.

Before the injury, the monthly salary was more than 3,000, and the basic salary was 1,500 during the hospitalization.

Give you a basic salary to be legally in-law, but only for six months, you can ask the other party to give you three months' salary.

After a work-related injury, the wages of the employer should be paid as usual, not only wages, but also living nutrition expenses, hospitalization and medical expenses, until the injury is healed and can go to work, if the wages are stopped, it is unreasonable and also violates the labor law.

It will not be possible until the injury heals, although it will take a few months to recuperate after being discharged from the hospital and taking it home. You'll need a certificate from the hospital. It shows that the boss of your unit is also very picky.

In addition to medical expenses, a minimum local wage is paid each month during the convalescence period.

In the case of work-related injuries, the employer should pay all wages and living nutrition expenses, and pay them all the time.

The compensation standard for work-related injuries is to give the corresponding amount of compensation according to the standard level of work-related injury recognized by the employee, and it is not possible to give a fixed salary in general.

If you are injured after less than one month of work, the work during the work injury can be counted in the following two ways:

1) Calculate the wages during the work-related injury according to the amount of wages agreed in the labor contract;

2) If there is no agreement on the amount of wages, according to the principle of equal pay for equal work, the wages during the work-related injury can be calculated with reference to the amount of wages of employees in the same position.

If you are injured before working for less than a month, if you are injured during work, you can still be protected according to the work-related injury insurance benefits.

At work, many of us will encounter work-related injuries, so we need to sign a contract when we join the company and require the other party to pay work-related injury insurance, so that we can protect the legitimate rights and interests of individuals when we are injured. After being injured, you should contact the unit as soon as possible, ask for and pay relevant materials, and strive for work-related injury insurance benefits.

If there is a problem in dealing with work-related injuries, you can seek help from the local labor and social security inspection, and if necessary, you can file a lawsuit in the court to solve the problem.

For those who are employed, they must join a formal labor company and sign a formal contract, so as to protect their legitimate rights and interests.

Convert this less than one month's salary into a month's average salary, for example, if you work for 3 days and your salary is 300 yuan, then it is 100 yuan per day, multiplied by the number of days worked each month.

If it is confirmed that it is a work-related injury, the salary and benefits during the work-related injury period are the same as those when the injury was not made.

Full text of the Regulations on Work-related Injury Insurance.

How to calculate wages during a work-related injury in a unit?

I've never been to work before, and I've been injured in what should I do.

【Work-related Injury Medical Period】The Regulations on Work-related Injury Insurance stipulate:

If an employee is injured in an accident at work and needs to suspend work to receive medical treatment, the original salary and benefits shall remain unchanged during the period of suspension with pay, which shall be paid by the employer.

**Medical expenses for work-related injuries are in accordance with the diagnosis and treatment list of work-related injury regulations. Paid from workers' compensation insurance**.

During the hospitalization of the injured employee**, the hospitalization meal subsidy shall be paid according to 70% of the unit's business trip meal subsidy standard.

If an injured employee is unable to take care of himself during the period of suspension with pay, the employer shall be responsible for taking care of him/her.

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.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

The lump sum compensation for work-related injuries is a few months' salary, which depends on the disability level assessed by the person concerned, and the amount of disability allowance is determined accordingly. Article 37 of the Regulations on Work-related Injury Insurance An employee who is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

If you are only injured, the insurance will pay for the medical expenses, and the wages of the unit will be paid normally during the suspension period for up to two years, and there will be no subsidy;

In the event of disability caused by a work-related injury, a lump sum compensation is payable by the insurance based on the disability rating, in addition to a monthly disability allowance for grades 1-6, a lump sum medical subsidy at the end of the employment contract for grades 7-10, and pension insurance after retirement for levels 1-4. Employers are required to pay a subsidy of more than 2 months' salary when the labor contract expires at level 5-10, and more than 60% of the monthly salary as an allowance at level 5-6 until the expiration of the labor contract.

How many months of wages do you pay after a work injury? If you are seriously injured, you can go to the appraisal, if you are disabled, the unit should also wrap you up, if you do not sue the court and sue your unit, the salary should be paid until you are well.

According to the contract you signed at that time. If it is a formal employee who has caused a work-related injury, he or she should be able to apply for internal retirement. The most important thing is to look at some of the policies of your unit.

There has been a salary from the occurrence of the work-related injury to the first time, but there is definitely no net allowance, bonus, performance, and overtime pay.