How is work related injury pay calculated under the Labor Law?

First of all, the "Regulations of the People's Republic of China on Labor Insurance".

Article 13 Workers and employees who are still able to work due to partial loss of labor force due to work-related disability shall be paid according to the amount of the reduction in their wages after disability in accordance with the provisions of Paragraph 3 of Article 12 (B) of the Labor Insurance Regulations: if the wages are reduced by 11 20, the work-related disability subsidy shall be 10 of their wages before they became disabled; If the salary is reduced by 21 30, it is the salary of the person before the disability 20; If the salary is reduced by more than 30, the salary of the person before the disability will be subsidized 30%.

Article 14 Workers and employees who are injured on the job shall be injured in the medical center, hospital, special hospital, special hospital or special hospital of the enterprise.

After the completion of medical treatment by the Chinese and Western physicians or the hospital to which they are transferred, it is necessary to install prosthetic legs, prosthetic hands, dental prostheses, and eye fillings.

The required expenses shall be borne entirely by the administrative side of the enterprise or the employer.

Article 15 Workers and employees who have lost part of their labor force due to disability and continue to work shall not be employed again.

If the employee is still able to work due to work-related disability, the cause shall be paid in accordance with the provisions of Article 12, Paragraph B, Paragraph 3 of the Labor Insurance Regulations.

The work-related disability allowance shall continue to be paid. Again, it is not due to work-related disability, complete loss of labor force, and inability to work.

At the time of retirement, the employee shall be treated in accordance with the benefits stipulated in paragraph C of Article 13 of the Labor Insurance Regulations.

During the work-related injury, the original benefits remain unchanged, so it is unreasonable to pay wages in this way, but I don't know if your father has applied for work-related injury recognition, only after the work-related injury can enjoy the relevant benefits of work-related injury, if not, sick pay is only 80% of the original salary

During the period of work-related injury, the employer shall pay all wages.

Legal analysis: The wages during the work-related injury period shall be the original salary, which shall be calculated in the following circumstances: if the employee has worked for the employer for 12 months before the work-related injury, the original wage standard shall be calculated based on the average monthly wage; If the period is less than 12 months, the original wage standard shall be calculated based on the average monthly wage of the total amount of wages paid for the actual number of months worked before the work-related injury; If it is less than one month, the original wage standard shall be calculated according to the monthly salary agreed in the labor contract.

Article 33 of the Regulations on Work-related Injury Insurance.

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.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the condition of the old lead is special, it may be appropriately extended upon confirmation by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months. After the injured employee is assessed as having a disability or other level of disability, the original benefits shall be suspended, and the employee shall enjoy the disability benefits 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 criteria for determining work-related injuries are as follows: 1. 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; 3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties; 4. Suffering from occupational diseases; 5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 6. On the way to and from work, being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which Huailiang is not primarily responsible; 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations; 8. During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed.

If a short-term migrant worker is injured at work, how to calculate the lost time pay in **?

First of all, the labor law stipulates that work-related injury wages are paid according to the average salary of employees.

The regulations on work-related injury insurance stipulate that wages are paid during the work-related injury period, which means that wages must be paid as before.

The employer will not give you the calculation.

If the employer doesn't count it for you, do you still have pis?

The benefits of the suspension period are generally calculated and paid according to the average salary of the 12 months before the work-related injury (Article 33 of the Regulations on Work-related Injury Insurance and Residual Insurance, if an employee is injured in an accident due to work or suffers from a first-class job 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 and salary, and shall be paid by the employer on a monthly basis. ）

Labor Law: The wages during the work-related injury period shall be calculated by the employer on a monthly basis. When an injured employee stops working, the period of work-related injury is called the period of suspension with pay. 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.

Labor Law of the People's Republic of China

Article 73.

Under the following circumstances, the worker shall enjoy social insurance benefits in accordance with the law:

a) retirement; 2) Illness or injury;

3) Suffering from work-related disability or Changyu occupational disease;

iv) unemployment; 5) Childbearing.

After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law.

The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations.

Social insurance contributions must be paid in full and on time. Cons.