Whether the work related injury and disability level 8 can not go to work can be paid in full

Updated on society 2024-04-18
5 answers
  1. Anonymous users2024-02-07

    Grade 8 work-related injuries are entitled to suspension of work and salary during the medical treatment period, which is calculated according to the average of the actual wages in the 12 months before the suspension and paid by the company on a monthly basis.

    According to the 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.

    Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.

    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.

  2. Anonymous users2024-02-06

    Employees will only be paid their wages during the period of suspension of work and salary, and the work-related injury will be grade 8, which will exceed the period of suspension with pay. If you are not paid wages for work-related injuries, you should go to work, and whether you can go to work or not depends on the diagnosis of the hospital. If you don't have a break certificate, you can't be sure that you need to take a break, and you won't be paid.

  3. Anonymous users2024-02-05

    Yes, but it's up to your employer.

  4. Anonymous users2024-02-04

    Grade 8 work-related injuries shall be compensated according to the following standards: 1. Disability subsidy, which shall be paid by the social security department in a lump sum and the standard is 10 months' salary; 2. If the employee takes the initiative to resign or the labor contract is terminated, the employer shall compensate the disabled and dusty employment subsidy in a lump sum of 15 months' salary. In addition, medical expenses, nursing expenses, transportation expenses, hospital meals, etc. should also be compensated.

    Article 24 of the Regulations on Work-related Injury Insurance If an employee is identified as having a Grade 7 to 10 disability due to work-related disability, and the labor contract is terminated upon expiration or the employee proposes to terminate the labor contract, the Grade 8 disability shall be 8 months of the average monthly wage of the employee in the previous year. If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, and the labor contract is terminated upon expiration or the employee proposes to terminate the labor contract, the grade 8 disability shall be the average monthly wage of the employee in the overall area for 15 months in the previous year.

  5. Anonymous users2024-02-03

    Regulations on Work-related Injury Insurance: Article 35 An employee who is assessed as having a Grade 7 to Grade 10 disability due to work-related disability shall enjoy the following benefits:

    1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

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

    Article 36 Employees injured at work who are injured at work and whose need is confirmed to be in need shall enjoy the work-related injury benefits provided for in Articles 29, 30 and 31 of these Regulations.

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