How to open the wages at home for work related injuries and how to calculate the wages at home for w

1.During the period of suspension with pay, the employer shall pay the injured employee wages for the period of suspension with pay according to the original wage standard.

2.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 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.

3.Generally speaking, the salary for the period of work-related injury suspension should be based on the average salary of the injured employee in the 12 months prior to the injury.

4.However, in practice, many units are issued according to the basic salary, regional minimum wage standards, etc., which is illegal, and injured employees can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they do not understand, they can directly call 12333 to consult the local labor department.

During the period of suspension of work and salary, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis; During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the employee; The period of leave without pay is generally not more than one month. 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 must not exceed one month. 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.

How to calculate the wages at home for work-related injuries needs to be decided on a case-by-case basis

1) If the employee has worked for the employer for 12 months before the work-related injury occurs, the original wage standard shall be calculated based on the average monthly wage;

2) If it is less than 12 months, the original wage standard shall be calculated according to the average monthly wage of the total salary paid for the actual number of months worked before the work-related injury;

3) If it is less than one month, the original salary standard shall be calculated according to the monthly salary agreed in the labor contract.

How to deal with work-related injuries.

1. The unit shall submit a work-related injury report to the local labor administrative department within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease;

2. If the employer does not file a work-related injury determination, the work-injured person must apply to the labor department within one year from the date of the accident. After the investigation and determination of the social security agency, the unit and the injured person shall be notified in writing;

3. On the basis of the work-related injury appraisal of an employee who has applied for work-related injury appraisal and is recognized as a work-related injury, the labor appraisal committee at or above the county level shall assess the disability level of the employee after the completion of his medical treatment or the expiration of the medical treatment period.

1. How to determine the standard of wages for work-related injuries and suspension of work.

The specific wage standards for employees during the period of suspension with pay are as follows: if the employee has worked for the employer for less than one month before the work-related injury, the original wage standard shall be calculated according to the monthly wage agreed in the labor contract; 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 12 months have passed, the original wage standard shall be calculated on the basis of the average monthly wage.

2. How to claim work-related injury insurance?

The first is the work-related injury insurance report, which is only available when the employer has purchased work-related injury insurance for the employee at the work-related injury insurance institution. The employer shall submit a work-related injury report to the local labor administrative department within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease. The second is the determination of work-related injury, and the employer shall submit an application for work-related injury determination to the Labor Bureau within one month.

If the employer does not apply, the injured person must file an application with the labor department within one year from the date of the accident. Then there is the appraisal of work-related injury and labor ability, which is the act of assessing the disability level of the employee who applies for work-related injury appraisal on the basis of his or her medical treatment being recognized as a work-related injury, and after the end of his or her medical treatment or the expiration of the medical treatment period. Finally, after the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard.

Legal analysis: According to the relevant laws and regulations, if an employee needs to suspend work to receive medical treatment for work-related injuries due to work-related injuries or occupational diseases, the enterprise shall not change his original wages and benefits during the period of suspension of work and salary, and shall pay them on a monthly basis. In other words, wages during the work-related injury are calculated on the basis of the original salary.

The term "original wage" generally refers to the average wage of the employee in the 12 months prior to the injury, or the average salary in addition to overtime pay in the 12 months prior to the injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

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 the workplace 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) Injured or unaccounted for in an accident while away for work;

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 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Death from sudden illness during working hours and at work, or death 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 who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant regulations of these Regulations.