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The salary (lost time pay) during the period of suspension of work (lost time pay) shall be paid by the employer on a monthly basis, and only a written certificate from the medical institution shall be submitted.
According to Article 33 of the Regulations on Work-related Injury Insurance, if an injured employee ceases to work, the original salary and benefits shall remain unchanged during the work-related injury period, and shall be paid by the employer on a monthly basis.
The period of suspension with pay shall be confirmed by the written certificate of the ** work-related injury medical institution, and if it is one year, it shall be confirmed by the Labor Ability Appraisal Committee.
The wages (lost time pay) of the injured employee during the period of suspension of work (lost time pay) are not paid by the work-related injury insurance**, and there is no need to submit materials to the work-related injury insurance institution. The employee can submit a written certificate from the work-related injury medical institution to the employer, and the confirmation report of the labor ability appraisal committee must be submitted after one year.
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.
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There is no need to issue a certificate, and when the time comes, you can directly identify the suspension period.
Declared by the employer or trade union organization.
1.Employee injury cancellation accident report form (submitted within 3 working days from the date of the accident).
2.One copy of the application form for work-related injury determination (this form and the following materials shall be submitted together within one month from the date of the accident).
3.A valid written labor contract signed by the accident and the employer (original and photocopy).
4.ID card or temporary residence permit of the person involved in the accident (original and photocopy).
5.Medical records and medical certificates for the first time (original and photocopy).
6.Work attendance record card (original and photocopy). Bucket socks.
7.Business license of the enterprise (original and copy).
Extended Materials. Work-related accidents (also known as labor accidents) refer to personal injuries and acute poisoning accidents that occur when in-service workers are engaged in activities related to the start of production in the production area and during working hours.
In a broad sense, work-related accidents also include the suffering from occupational diseases. According to the basic spirit of the Regulations on Work-related Injury Insurance, the work-related accidents referred to in China's work-related accident compensation are in a broad sense. Workers who suffer work-related accidents can enjoy a one-time disability allowance and disability allowance depending on the situation.
In addition, occupational accidents in a broad sense also include occupational diseases. Article 1 of the Regulations on Work-related Injury Insurance stipulates: "These Regulations are formulated to ensure that employees who are injured in accidents or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation.
According to the basic spirit of the "Regulations", the work-related accidents referred to in China's work-related accident compensation are in a broad sense, including both general injury accidents and acute poisoning, as well as suffering from occupational diseases.
Since the application for work-related injury recognition may affect the employer's future work-related injury insurance contribution ratio or be punished by the relevant authorities, if the employer does not participate in work-related injury insurance for the employee, it is often reluctant to apply for work-related injury recognition and labor ability appraisal after the work-related injury, but chooses to negotiate the amount of compensation. Employees or their relatives who are injured at work will also adopt a pandering attitude in order to make the work-related injury compensation complete as soon as possible.
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Legal analysis: There is no such thing as "lost time pay" in work-related injury compensation, but the "Regulations on Work-related Injury Insurance" sets a "suspension period with pay" for injured employees, which refers to the period during which employees are injured in accidents or suffer from occupational diseases at work and need to suspend work to receive work-related injury medical treatment, and the original salary, salary, welfare, insurance and other benefits remain unchanged. The period of suspension with pay is generally not more than 12 months, and if the injury is serious or the circumstances are special, it may be extended upon confirmation by the Labor Ability Appraisal Committee, but the extension period shall not exceed 12 months.
In other words, the period of leave without pay can be up to 24 months.
Therefore, for employees who are injured at work, there will still be wages during the shutdown period.
Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Injured in an accident during working hours and in the workplace due to work-related reasons (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident such as violence during working hours and in the workplace due to the performance of work duties (4) Suffering from an occupational disease (5) Being injured or missing in an accident during a work-related absence (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Work-related injury insurance does not compensate for lost time pay, and the original salary and benefits of the injured employee during the period of suspension of work and salary shall not be the same, and shall be paid by the employer on a monthly basis.
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 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.
This issue is relatively broad and involves the scope, procedure, subject and other aspects of compensation. First of all, let's talk about the scope of compensation, mainly including: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages during the period of suspension of work, nursing expenses during the period of suspension of work, one-time disability subsidy, termination of labor relations, one-time medical subsidy for work-related injuries and one-time disability employment subsidy, and in the event of work-related death, it also includes the pension of dependent relatives. >>>More
1.Based on the circumstances described, the loss of time pay should fall under the category of nursing expenses. There are two types of work-related injury nursing expenses, one is the nursing care during the period of suspension of work, and the other is the need for life care after the assessment of labor ability. >>>More
Counsel replied. Article 50 of China's Insurance Law stipulates that liability insurance refers to insurance with the insured's liability for compensation to a third party as the subject matter of insurance. In other words, as long as it is within the limit of third-party liability insurance, it is the compensation obligation that the party responsible for the motor vehicle causing the accident should bear, no matter how much, the insurance company must bear the insurance liability. >>>More
Medical expenses should be deducted from outpatient bills at the time of **, and non-medical insurance drugs should be deducted. >>>More
For lost time pay, you need to provide proof of wage reduction, bank statement, proof of wage amount provided by the employer, and work contract. If you can't provide it, or if you don't provide enough information, it will only be calculated according to the average local wage. If you lose your 5s, you need to write on the accident certificate issued by the traffic police, so that you can find the responsible party to claim compensation. >>>More