How to recover lost time expenses caused by labor injuries

The work-related injury is determined first, and then the labor arbitration is conducted.

Legal analysis: The employer shall be responsible for the compensation for lost work during the work-related injury. If an employee is injured in an accident or suffers from an occupational disease due to 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.

There are two ways to calculate lost time pay according to whether the patient has a regular income or not. 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. Employees who are injured at work and still need to be injured after the expiration of the suspension period shall continue to enjoy the medical treatment of work-related injuries. 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.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to 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 of work and salary, 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 situation is specially called, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension must 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.

The wages and benefits of employees injured at work during the period of suspension of work and pay remain unchanged.

According to Article 33 of the Regulations on Work-related Injury Insurance, the time when an injured employee stops working is called the period of suspension of work with pay, and the wages and benefits remain unchanged according to the normal working standards and are paid by the unit.

The period of suspension with pay shall be confirmed in accordance with the certificate of the medical institution for work-related injuries.

Lost time pay is the actual loss of income you have due to your injury. However, in the case of work-related injuries, the employer will continue to pay wages, generally until the disability level is determined by the work ability appraisal.

First, it is calculated according to the average local wage of the previous year.

Second, you can ask the unit specifically, and then ask the local social insurance center **12333 to know.

Calculated in accordance with the "Workers' Compensation Standards".

The salary and benefits remain unchanged for no more than 24 months.

Who are you going to ask for lost time pay? If you are injured in the line of duty, this "gong" is of course the unit that pays your salary! After you are injured at work, the employer will inevitably arrange for you to rest! The salary is also paid as it is. Who do you pay for???

How to determine the compensation for lost time in a traffic accident?

If there is no lost time pay for work-related injuries, the unit will pay the injured employees according to the original salary!

2.According to Article 33 of the Regulations on Work-related Injury Insurance, if 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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

3.Generally speaking, the salary for the period of work-related injury suspension should be based on the average salary of the injured employee in the three months prior to the injury.

4.If you don't understand anything, you can call 12333 to consult your local Ministry of Labor.

In general, it is not possible to claim compensation for lost time when applying for labor arbitration. The scope of disputes accepted by the labor arbitration commission includes disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc., but disputes arising from lost work expenses are not clearly stipulated within this scope.

[Legal basis].Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Lost time pay is determined based on the victim's lost time and income.

The time spent on lost work and fighting is determined on the basis of a certificate issued by the medical institution that the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.