Is it okay for an injured employee to request payment of wages according to the medical treatment pe

Updated on society 2024-05-11
4 answers
  1. Anonymous users2024-02-10

    After the expiration of the period of suspension of work and salary, the employee should go to work normally and receive wages normally. The unit can notify the employee in accordance with the process through written text messages** and other means, and it is time to go to work normally.

    The length of the suspension period with pay shall be given by the medical institution, and shall generally not exceed 12 months. If the employee requests an extension of the period of suspension with pay, then let him apply for an extension at the Urban Labor Ability Appraisal Committee, and even if it is extended, it will not exceed 12 months. Generally speaking, the period of suspension with pay given by medical institutions is sufficient for the employee to fully recover, unless the injury is particularly serious.

    Of course, if the disability level is rated down to level 1-4, it will also enjoy the corresponding disability allowance and nursing expenses from the work-related injury ** according to the regulations, and the level 5-6 is the appropriate arrangement of the work position by the unit, and the unit that cannot arrange the job shall pay the disability allowance on a monthly basis.

    At the end of the shutdown period, it is time for employees to abide by the rules and regulations of the unit and go to work normally.

    If the employee with a grade 5-10 work-related injury terminates the labor relationship with the employer, the employer pays a one-time disability employment subsidy, and the work-related injury insurance** pays a one-time medical subsidy, the work-related injury relationship will end, and the employee will not have any work-related injury benefits after receiving it.

    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.

    China's law does not specifically stipulate how many days of absenteeism can terminate the labor contract, and the "Regulations on Rewards and Punishments for Enterprise Employees" has been repealed by Order No. 516 on January 15, 2008.

    Article 39 of the Labor Contract Law provides for unilateral termination of the labor contract (negligent dismissal) by the employer

    The employer may terminate the labor contract if the employee falls under any of the following circumstances: (2) the employee seriously violates the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

    Article 25 of the Labor Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

    2) Serious violation of labor discipline or the rules and regulations of the employer;

    3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

    4) Those who have been pursued for criminal responsibility in accordance with law.

  2. Anonymous users2024-02-09

    It is necessary to go to work normally, and can not be treated according to the medical period, or enjoy a one-time medical subsidy.

  3. Anonymous users2024-02-08

    Payable. According to the regulations on work-related injury insurance, the employer shall pay wages and benefits to employees injured during the normal period of medical treatment and recuperation.

  4. Anonymous users2024-02-07

    In the event of a work-related accident, the law clearly stipulates the various benefits of employees, including the wages for the medical treatment period of the work-related injury. So, what is the treatment of employees during the medical period of work-related injuries? How is the employee's salary paid during the medical treatment period for work-related injuries?

    1. What is the treatment of employees during the medical treatment of work-related injuries?

    1. The injured employee will be reimbursed in full for the ** expenses, diagnosis and treatment fees, hospitalization fees, medical expenses, medicine expenses, and medical travel expenses required for work-related injuries or occupational diseases in the designated hospital. If it is approved to transfer to other places, the required transportation, accommodation and accommodation expenses shall be reimbursed according to the standard of the company's employees on business trips.

    2. During the hospitalization of injured employees, the hospitalization food subsidy shall be issued in accordance with 23 of the food subsidy standard for employees on business trips in this city.

    3. For the non-work-related injury of the injured employee, the medical expenses shall be implemented in accordance with the relevant provisions of the current labor insurance medical care and the social co-ordination of serious illness medical expenses.

    4. If an employee is injured or suffers from an occupational disease and needs to stop working to accept the first job, the medical treatment period shall be implemented. The time of the publicly-funded medical treatment period shall be put forward by the ** hospital designated by the enterprise, and confirmed by the labor appraisal committee of the enterprise. The duration of the medical treatment period for work-related injuries is determined to be 1 month to 24 months according to the different circumstances of minor injuries and serious injuries, and the maximum period of medical treatment for serious work-related injuries or occupational diseases shall not exceed 36 months.

    Those who still need to be treated for work-related injuries after the expiration of the medical treatment period for work-related injuries shall continue to enjoy the medical treatment for work-related injuries.

    5. Employees injured at work will be paid wages during the medical treatment period of work-related injuries and will be paid work-related injury allowances on a monthly basis. The standard of work-related injury allowance is equivalent to the average monthly salary income of the injured employee in the 12 months prior to the injury.

    2. Wage payment standard for the medical treatment period for work-related injuriesDuring the period when the work-related injury is suspended and the salary is retained, the original salary and benefits shall remain unchanged 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 severe or the situation is special, it may be appropriately extended upon confirmation by the community's municipal labor ability appraisal committee, but the extension period shall not exceed 12 months.

    After the work-related injury employee is assessed for disability, the original treatment shall be suspended. In accordance with the regulations on work-related injury insurance, they are entitled to the treatment of disability level. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work and salary, the employer shall be responsible for bearing the expenses.

    If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the work-related injury insurance** shall pay the living care expenses on a monthly basis. The living care expenses shall be paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives unable to take care of themselves, and the standards are respectively 10% of the average monthly wages of employees in the city in the previous year.

    Five. Ten, one percent.

    Four. 10. 30 percent.

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