The second one at work is injured at work, and the first month s salary is 3200, so what standard sh

You first apply for a work-related injury determination, and after the application is stable, apply for a disability assessment, and enjoy work-related injury benefits based on the results.

Regulations on Work-related Injury Insurance.

Chapter V Work-related Injury Insurance Benefits.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.

Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.

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.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are 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 cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

It depends on your disability level.

The compensation standard is based on the average local monthly wage of the previous year.

Summary. Hello, dear dear, I am glad to answer for you: the general work-related injury compensation standard is calculated according to the average monthly salary of the injured employee in the 12 months before the accident injury or occupational disease suffered by the injured employee, and if the newly hired employee is injured at work, the compensation standard should be calculated according to the wage standard agreed in the labor contract, if the labor contract has not been signed, it can be calculated according to the average monthly wage of the employee in the previous year or with reference to the average salary of local employees in the previous year.

Workers' compensation is calculated on the average wage, but I only worked 4 days in the first month of employment, and my first month's salary was not the same.

Should the first month's salary be included in the average salary? Just now the question was not entered completely.

Dear, hello, I am glad to answer for you: the general compensation standard for field injuries is calculated according to the average monthly salary of the injured employee in the 12 months before the accident injury or occupational disease suffered from the work, and if the employee has just joined the work, the compensation standard should be calculated according to the labor contract contract and the salary standard, if the labor contract has not been signed, it can be calculated according to the average monthly salary of the employee in the previous year or with reference to the average salary of local employees in the previous year. <>

Do you mean that less than one month will be counted as one month's salary as the average salary?

Dear, yes. <>

Relevant information: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by Changxiang from the work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) Those who are unable to take care of themselves shall be confirmed by the Labor Banquet Xunzhou Ability Appraisal Committee for living care expenses; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or terminated; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

There is also work-related injury compensation, is it illegal for our company to negotiate with us? It stands to reason that the compensation is based on the compensation standard, but the company's compensation is lower than the standard.

Kiss <>

Workers' compensation is clearly stipulated, and it is only possible to pay according to the standard compensation. <>

Ok thanks.

Summary. Hello, happy to help you answer this question <>

Workers' compensation is calculated on the average wage, but I only worked 4 days in the first month of employment, and my first month's salary was not the same. <

Analyze <> from a personal perspective

Not in accordance with. The average salary of compensation is only half a month in the first month, and it is not calculated according to one month, but according to the actual salary. Compensation refers to the compensation paid by the employer in accordance with double the severance when the employer illegally terminates the labor contract. <>

Legal basis<>

Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Workers' compensation is calculated on the average wage, but I only worked 4 days in the first month of employment, and my first month's salary was not the same.

Hello, happy to help you answer this question <>

Workers' compensation is calculated on the average wage, but I only worked 4 days in the first month of employment, and my first month's salary was not the same. <

Analyze <> from a personal perspective

Not in accordance with. The average salary of compensation is only half a loss month in the first month, and it is not calculated according to January, but according to the actual salary. Compensation refers to the compensation paid by the employer in accordance with double the severance when the employer illegally terminates the labor contract. <>

Legal basis<>

Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) the cost of installing and configuring disability assistive devices; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

If it is convenient to burn and resist fiber, you can specifically say your situation, and the teacher will give you confidential information here. It will provide you with a detailed answer and provide you with a solution.

3,600 yuan is stipulated in the labor contract, and the work-related injury insurance benefits paid by the employer shall be compensated according to the standard of 3,600 yuan per month.

In the work-related injury insurance benefits, the work-related injury insurance benefits are calculated based on the wages of the injured employees, which are "personal salary" and "original salary". My salary refers to the average monthly salary paid in the 12 months before the accident injury, and if it is less than 12 months, it is calculated according to the actual number of months of payment; "Original salary" refers to the period of suspension of work with pay (stop work, ** work-related injury period), which generally refers to the wages and benefits of the injured employee during the normal working period before the accident injury, including hourly wages or piece-rate wages, bonuses, allowances and subsidies, etc., but does not include overtime wages.

The injured employee has worked for less than one month, and has neither paid the payment nor paid the salary, in accordance with the provisions of the labor laws and regulations on the payment of wages and the judicial practice of various localities

1. If there is a general labor contract for the work-related injury insurance benefits paid by the employer, it shall be implemented in accordance with the standards agreed in the labor contract; If there is no agreement, it shall be implemented in accordance with the wage standards of employees in the same period and position of the unit; If there is no same period and the same type of work, it shall be implemented in accordance with the average monthly wage of the employees of the unit.

2. The work-related injury insurance benefits paid by the social insurance agency shall be calculated according to the average monthly contribution wage of the unit.

Regulations on Work-related Injury Insurance.

Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.

For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

People of Jiangsu Province**.

Jiangsu Province Measures for the Implementation of the Regulations on Work-related Injury Insurance

Article 40 The meaning of the following terms in these Measures:

1) The wages of the injured employee at the time of work-related injury refer to the average monthly salary paid by the injured employee in the 12 months prior to the injury caused by the accident at work or the diagnosis or appraisal of the occupational disease.

2) When it is difficult to arrange work, the salary refers to the average monthly salary paid by the injured employee in the 12 months before the work.

3) The salary of the injured employee in the first 12 months of the work-related injury refers to the average monthly salary paid by the injured employee in the 12 months before the work-related injury.

if it is less than 12 months, it shall be calculated according to the actual average monthly contribution salary; Less than one month shall be calculated based on the average monthly salary of the employees of the employer. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

Labor Contract Law

Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

This is just one of the criteria, not the whole story.

Since the 3600 has been negotiated, it must be implemented according to the negotiation.