Is the period of work related injury fracture treatment and rehabilitation treatment and the period

Updated on healthy 2024-04-28
3 answers
  1. Anonymous users2024-02-08

    After discharge, the period of recuperation according to the written certificate of the medical institution is a period of suspension of work with pay, and wages are paid according to the original salary.

    According to Article 33 of the Regulations on Work-related Injury Insurance, the work-related injury period is called the period of suspension of work, and the salary and benefits during the normal working period before the accident injury remain unchanged, and the employer shall pay it on a monthly basis.

    The period of suspension with pay for an injured employee shall be determined on the basis of the leave certificate issued by the medical institution that signed the service agreement for the employee to receive medical treatment, 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.

    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 leave certificate issued by the medical institution that signed the service agreement for the employee to receive medical treatment, 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.

    Beijing Municipal Bureau of Labor and Social Security.

    Beijing Municipal Measures for the Management of the Suspension of Work and Pay Period for Employees Injured at Work".

    Article 3 An injured employee shall promptly submit the diagnosis certificate or leave certificate issued by the work-related injury medical institution to the employer to which he or she belongs. The employer shall, on the basis of the diagnosis certificate of the work-related injury medical institution, determine the period of suspension with pay for the injured employee in accordance with the Catalogue of Suspension Periods (see Annex), and notify the injured employee in writing.

  2. Anonymous users2024-02-07

    During the work-related injury** period, the salary is not only the basic salary, but the original salary. The original wages and benefits of the injured employee during the period of suspension of work and salary shall remain unchanged and shall be paid by the employer on a monthly basis. After the work-related injury is assessed, the original benefits shall be suspended and the employees shall enjoy the disability benefits.

    The period of suspension of work without pay for the omission of selling sedan chairs shall generally not exceed 12 months, and if the injury is serious or the circumstances are special and need to be extended, the extension shall not exceed 12 months.

    Labor Contract Law of the People's Republic of China

    Article 30. The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the repatriated workers in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

    Labor Contract Law of the People's Republic of China

    Article 85.

    In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit;

    If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid;

    If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

    1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

    2) Paying wages to workers at a rate lower than the local minimum wage standard;

    3) arranging overtime work without paying overtime pay;

    4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

  3. Anonymous users2024-02-06

    Legal analysis: The wages during the work-related injury period shall remain unchanged according to the original salary level of the employee, and some units shall pay the employee on a monthly basis.

    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) A one-time disability allowance and a monthly disability allowance for employees with disabilities 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 event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

    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.

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