Work related injuries and work stoppages are not calculated according to the minimum wage of 1450 40

Updated on society 2024-05-03
7 answers
  1. Anonymous users2024-02-08

    Wages are subject to Article 33 of the Regulations on Work-related Injury Insurance.

    I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

    If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.

    The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

    The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.

  2. Anonymous users2024-02-07

    It is calculated according to the average wage, but in many places it is calculated according to the contribution salary of the work-related injury insurance. When paying social security, there is a wage base for payment, and many enterprises will pay work-related injury insurance according to that, and the cost of social security is also according to the insurance income of paying your social security. However, if the lawsuit is settled, it will be calculated based on your average monthly salary for the previous year.

  3. Anonymous users2024-02-06

    Hello! During the period of work-related injury, the original salary and benefits remain unchanged. If the negotiation fails, they may file a complaint with the labor and social security supervision department or apply to the labor arbitration commission for labor arbitration. In other words, wages will be paid according to the original wage standard during the work-related injury.

  4. Anonymous users2024-02-05

    Based on your average monthly salary before the accident.

  5. Anonymous users2024-02-04

    1. The wage standard during the period of work-related injury shall be paid in accordance with the proportion stipulated in the Regulations on Work-related Injury Insurance.

    2. If it is lower than the minimum wage after being calculated according to the prescribed proportion, it shall be paid according to the minimum wage standard.

    Legal basis: "Regulations on Work-related Injury Insurance" Article 31 If an employee suffers an accident injury or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for a 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. 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.

  6. Anonymous users2024-02-03

    No, the salary is the same.

    According to the "Regulations on Work-related Injury Insurance", the work-related injury period is called the period of suspension of work, and the salary and benefits during the normal working period before the accident injury remain unchanged, which shall be paid by the employer on a monthly basis.

    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.

    The "original salary" of the work-related injury employee during the period of suspension of work and pay is not defined in the Regulations on Work-related Injury Insurance, and there are roughly two calculation methods stipulated in various localities: one refers to the salary other than overtime pay; The second is the average salary in the 12 months before the injury. If the employer fails to pay the wages of the injured employee during the period of suspension of work and salary in accordance with the law, the injured employee may apply for labor dispute arbitration to protect his rights.

    Legal basis: 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 circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee of the Liangcheng Districted City, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original treatment shall be suspended, and the employee shall enjoy the disability treatment 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.

  7. Anonymous users2024-02-02

    Legal analysis: The wages for the period of work-related injury suspension are based on the fact that the employee needs to suspend work to receive medical treatment due to an accident injury at work, and the original salary and benefits remain unchanged during the suspension period and are paid by the employer.

    Legal basis: 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 of work and salary, and shall be paid by the employer according to the first month.

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