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Yes, it is paid according to the work-related injury benefits.
According to the 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 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 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Article 38 Employees injured at work who are injured at work and whose need is confirmed to be in need of them shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.
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Severance compensation is calculated based on length of service, and disability allowance is calculated based on disability level.
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The standard of payment of severance is one month for the full year, one year for more than half a year, and half a month for less than half a year. The salary is based on the salary payable. So far, our lawyer has handled hundreds of such cases, and is very familiar with the key issues and handling procedures of such cases, helping clients recover a large number of economic losses.
If necessary, you can call our lawyer, who will answer your relevant legal questions in detail.
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Contact the lawyer according to the analysis of the case.
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Work-related injury compensation (or work-related injury insurance benefits) can not be determined by "shouting and breathing", but needs to be calculated according to factors such as your injury and disability level, location, salary level, employment relationship handling method and age.
With the sentence "how much money can you pay if you suffer a work-related injury and the employer terminates the labor contract relationship", you don't have the conditions to answer your brother, and you are not a fairy. It is recommended that you read Articles 30 to 39 of the Regulations on Work-related Injury Insurance before asking questions.
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It depends on whether the work-related injury you suffer is serious, whether you can be rated as a disability grade, and if you can, you can pay more compensation, otherwise there will not be much money.
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If you voluntarily terminate the labor relationship, you will not be entitled to work-related injury benefits!
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Legal analysis: After a work-related injury, an employee voluntarily resigns and terminates a labor contract before he or she can be compensated for his or her disability, and if there is no disability level, there is no economic compensation.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The contract concluded in accordance with the law shall be binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of the employment celebration.
Article 3 and Article 16 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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If the labor relationship exists and the employee is injured in an accident due to work-related reasons, it shall be deemed to be a work-related injury. Because some provinces and cities stipulate that wages can be paid within 3 days after the termination of the contract or on the date agreed by both parties, the period of waiting for the settlement of wages is not necessarily the duration of the employment relationship. Whether an accident occurs or not, whether it is a work-related injury shall be determined in accordance with the following methods:
1. The labor contract has been terminated and the labor relationship no longer exists, and the accident cannot be recognized as a work-related injury.
2. If the formalities for terminating the labor contract have not been completed and the labor relationship has not been terminated, and the accident occurs during the existence of the labor relationship and meets the requirements of Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and there are no circumstances specified in Article 16, it shall be deemed to be a work-related injury or treated as a work-related injury. Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:
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 a place of absolute guessing before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace 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 or the whereabouts of an accident are unknown;
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 previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled 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 Article 14 of these Regulations and Article 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.
Both the employee and the employer have the right to unilaterally terminate the labor contract. >>>More
It doesn't matter, as long as you submit your resignation report to the company 30 days in advance, you can leave at that time. The company must go through the final settlement filing procedures and social insurance transfer procedures for you, and within 15 days after leaving the company, hand over the certificate of termination of the labor contract and other formalities to you, settle the salary, and handle the handover. Nothing else. >>>More
The original employer may be required to provide a photocopy of the certificate, and the employer shall retain the relevant documents for at least 2 years for future reference. If the original employer refuses to provide such information, it may apply for labor arbitration. >>>More
Go to the Labor and Social Security Bureau to terminate the contract, because the signed contracts are all filed in the system of the Labor and Social Security Bureau, and if you can't cancel it, it will affect your next job. >>>More
Ask the labour inspectorate to make corrections.
The labor arbitration commission shall be requested to arbitrate and restore the labor relationship. >>>More