After the work related injury identification, there is still a need for surgery, how to calculate th

In this case, according to the current regulations, the employee can enjoy a second medical period, and after the first operation, the employee should return to the company to work, and the second operation, enjoy another medical period. During the period of medical treatment for work-related injuries, wages are paid by the employer.

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 the period of leave without pay expires and the doctor diagnoses that you can go to work and do light work, then you should go to work. If the salary of the post was set at that point before, and not because the salary of the post was reduced, the employer's practice is not illegal, because the current law does not stipulate that the salary of the injured employee cannot be reduced when he is transferred to another post.

In some places, such as Guangdong Province, the average salary in the 12 months before the injury, then, if there is overtime pay in the wages of the 12 months before the injury, the benefits of the suspension period should include overtime pay, if there is no such provision in your local area, it is difficult to claim that the benefits of the suspension period include overtime pay. In reality, some places include overtime pay, and some places do not, so it is recommended that you ask the local labor department for local regulations.

Judging from your request for help, your work stoppage may have exceeded the normal medical treatment period, and there is nothing wrong with the employer's approach.

If a worker is accidentally injured and has undergone surgery while working as a temporary worker, if the injury is due to work-related reasons during working hours, the worker can bring the relevant materials to the local social security department to apply for work-related injury recognition.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

5. Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

Three regrets) during working hours and in the workplace, due to violence or other accidental injuries due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who served in the army in the past year, were injured in war or in the line of duty, and have obtained the certificate of disabled revolutionary soldiers, and were injured after arriving at the employer. Employees have the preceding paragraph.

a) Subparagraphs and subparagraphs.

2) In the case of the circumstances, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees have the preceding paragraph.

3) In the case of any of the circumstances, they shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations. Article 16 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

After the work-related injury is stabilized, the work ability assessment can be carried out.

According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she can be assessed for his or her ability to work, and he does not have to wait until he is discharged from the hospital for three months.

The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.

After the work-related injury employee is in a relatively stable state or the medical treatment period expires, the enterprise or employee shall apply to the labor and social security administrative department for the "Work-related Injury Certificate", and the enterprise or employee shall bring the "Work-related Injury Certificate", "Work-related Injury Certificate" and the original medical records and other relevant materials to the labor and social security department to apply for the appraisal of the disability level, and there are ten levels of disability, and the first level is the most serious disability. The labor and social security department shall organize the medical expert group to conduct the disability level appraisal in the designated hospitals at or above the county level in accordance with the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees (GB T16180-1996)".

Normally, I was injured in Nanjing, and the disability assessment was done 3 months after I was discharged from the hospital.

That's not what it says. **Appraisal can be done at the end or at the request of the patient.

The law does not specify a time limit.

1.The current Regulations on Work-related Injury Insurance and the Measures for the Management and Management of Labor Ability Appraisal of Employees Injured at Work do not have clear provisions on the time for the appraisal of work ability (appraisal of work-related injury and disability grades).

2.According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be assessed for his or her ability to work.

3.Employees who are injured at work can apply for a labor ability appraisal to determine the level of work-related injury after their injuries are stabilized. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).

4.According to Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1) The original and photocopy of the "Shengyu Kai Work-related Injury Determination Decision";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

5.Due to the differences in the specific operation of different places, it is recommended to call 12333 for consultation before processing.

If an employee suffers a work-related injury and has a severe disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. The employer, the employee or his or her immediate family members shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant materials on the determination of the work-related injury and the medical treatment of the employee's concealed work-related injury.

Is it considered a work-related injury for a worker who dies after being hospitalized for one month after surgery? Do you want a forensic examination?

Hello, it is an honor to be able to answer for you, the death of the erection of the hall should be forensically identified. How long does it take for a judicial appraisal of death to be released: Article 34 of the "Public Security Organ Appraisal Rules" provides that the appraisal institution shall make an appraisal opinion and issue an appraisal document within 7 days of accepting the appraisal entrustment. Where laws, regulations, or technical regulations provide otherwise, or where there is a special need for investigation and cracking of a case or litigation activities, the appraisal body may agree on a time limit for appraisal with the unit entrusting the appraisal to ambush and stop the appraisal.

Where it is necessary to supplement the samples or samples, the time limit for appraisal is calculated from the date on which the samples and samples are complete.

1. After the identification of work-related injury, an operation is also required, and after the first ** is over, you should go back to work in the company, and you can enjoy another medical treatment period during the second operation. If you don't go to work and need to rest, you can ask the employer for sick leave or personal leave.

I have already answered your question, and I would like to add here: After going to work, the injured employee has his or her salary reduced because he cannot be engaged in his original job and transferred to another position, and he cannot get legal protection if he wants to protect his rights, which is indeed a problem in reality, and it is also a very helpless problem. You can search the Internet for "The Wage Loss Compensation Mechanism for Employees with Grade 5 to 10 Work-related Injuries Has Not Been Established", which is an article on the "China Work-related Injury Compensation Network", and you can understand it after reading it.

1. The overtime wages are deducted from the suspension of work and the overtime wages are legal, and the overtime wages are calculated and paid for overtime on extended working hours or vacation days, and there is no overtime for your work-related injury leave.

2. Go to work after work-related injury leave, transfer out of the front-line post, do warehouse management work, and pay wages according to the warehouse management position, which is in line with the distribution principle of equal pay for equal work.