How is the salary after coal pneumoconiosis calculated Is it based on the salary of the first six mo

If a worker and an employer establish a labor relationship, and the worker suffers from an occupational disease, the worker shall apply for a work-related injury appraisal in accordance with the law, and claim compensation according to the level of appraisal against the Regulations on Work-related Injury Insurance, and the standard of compensation for monthly wages refers to the average monthly salary paid by the injured employee in the 12 months prior to the injury caused by an accident or occupational disease at 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.

Regulations on Work-related Injury Insurance

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

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.

Wages during pneumoconiosis** remain unchanged during normal attendance.

Pneumoconiosis is an occupational disease, and if a worker suffering from pneumoconiosis is identified as an occupational disease after being identified as an occupational disease, he or she shall apply for work-related injury recognition and labor ability appraisal, and enjoy work-related injury insurance benefits according to the appraisal conclusion.

According to Article 33 of the Regulations on Work-related Injury Insurance, if a worker stops working due to pneumoconiosis, the salary and benefits shall remain unchanged during the normal working period before the identification of occupational disease, and shall be paid by the employer on a monthly basis. **The period of recuperation shall be confirmed by the written certificate of the medical institution, and if it is one year, it shall be confirmed by the Labor Ability Appraisal Committee, and the maximum shall not exceed 2 months.

**The "original salary" during the period of rest and recuperation is not defined in the Regulations on Work-related Injury Insurance, and there are roughly two calculation methods stipulated in various places: 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 injured employee the wages for 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 or her rights.

Regulations of Guangdong Province on Work-related Injury Insurance

Article 66 The following terms shall have the meanings in these Regulations:

2) The original wages and benefits refer to the average wages and benefits of the injured employee in the 12 months prior to the work-related injury in the unit. If an injured employee has worked in the unit for less than 12 months, the average salary and benefits shall be calculated based on the actual number of months.

Henan Provincial Department of Human Resources and Social Security.

Opinions on Several Issues Concerning Work-related Injury Insurance

14. In Article 33 of the Regulations on Work-related Injury Insurance, "original wages and benefits" should be understood as "wages and benefits (except for wages and benefits for extended working hours) that employees should enjoy when they are injured in accidents or suffer from occupational diseases before they attend work normally (except for wages and remuneration for extended working hours)".

Summary. The pneumoconiosis retirement salary standard needs to be judged according to the determined disability level. For example, if it is a first-degree work-related injury compensation, it is necessary to retain the original labor relationship, enjoy the original salary, and pay a one-time disability allowance according to 24 months' salary.

Hello, the lawyer is at your service.

Pneumoconiosis retirement salary standard is based on the determined level of disability to judge the grandson. For example, if it is a first-class work-related injury compensation, it is necessary to retain the original labor relationship, enjoy the original salary, and pay a one-time disability subsidy according to 24 months of personal salary.

Legal Analysis: The determination of work-related injuries has nothing to do with the degree of injury of the employee, but is based on the nature of the accident.

The determination is made by the county-level labor administrative department, and when an employee or unit applies for a work-related injury determination, it is necessary to describe the accident.

Legal basis: Article 14 of the Regulations 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) 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) During the period of going out for work, the whereabouts of the accident are unknown due to work reasons or accidents;

6) Injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving urban rail transit, orange ferry, or train while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Apply for work-related injury recognition first, and then there is compensation.

Got pneumoconiosis in three months? Your efficiency is amazing, the first feeling is that you have pneumoconiosis before, through informal means to conceal the pre-employment inspection, so as to blackmail the money, the work-related injury will be investigated and confirmed, verify whether there is a pre-employment inspection, check whether it is true, if the blackmail is not good.

Because the underground workers will do a pre-employment physical examination, if there is pneumoconiosis will not be arranged to go down, and pneumoconiosis will be recorded, if you are normal physical examination without disease, and after three months to confirm that you get pneumoconiosis, the condition will not be too serious at this time, the mine will be compensated according to the work-related injury, usually should give you an adjustment of a very easy work on the ground, normal work to receive wages, related expenses on the mine reimbursement.

In addition, working in a dust environment for a long time and not doing effective protection will get dust disease, under normal circumstances, three or five years later, those who die without wearing a mask will have the phenomenon of disease, so you three months... It's too fake. Brother, it's normal to lack money for treatment, if you don't have a disease, it's very inauthentic to do this, and it's more reasonable to find a former unit to deal with the aftermath if you are really sick.

In the identification of work-related injuries, first-stage silicosis is a mild impairment of lung function in Article 45 of the seven-level disability that meets the "Work-related Injury Appraisal Criteria". If the work-related injury is assessed as a seventh-level disability, if it is a relatively serious injury, it can be reimbursed by work-related injury insurance** and all related expenses of medical expenses. Grade 7 disability will be paid a one-time disability allowance from the work-related injury insurance** according to the level of disability, and the standard is 13 months' salary of the employee himself.

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The compensation plan for pneumoconiosis occupational disease should be determined according to the actual situation. Workers need to be identified for occupational diseases first, and only when they are identified as occupational diseases can they be compensated by the department; The amount of compensation needs to be determined based on the disability criteria.

Those who are exposed to occupational hazards should be examined for occupational diseases before leaving their posts, and those diagnosed by the Occupational Disease Prevention and Control Institute may report the work-related injury and assessment of disability to the labor judgment department, and apply for compensation for work-related injury benefits from the unit according to the level of disability, including medical expenses, one-time medical subsidies, one-time employment subsidies, one-time disability subsidies, and benefits during the period of suspension of work.

Dear, hello, the following is a related one for you, I hope it will help you: Phase I silicosis is a grade 7 work-related injury. In the identification of work-related injuries, first-stage silicosis is a mild impairment of lung function in Article 45 of the seven-level disability that meets the "Work-related Injury Appraisal Criteria".

If the work-related injury is assessed as a seventh-level disability, if it is a relatively serious injury, it can be reimbursed by work-related injury insurance** and all related expenses of medical expenses. Grade 7 disability will be paid a one-time disability allowance from the work-related injury insurance** according to the level of disability, and the standard is 13 months' salary of the employee himself.

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How to calculate the salary during the period when the results of the suspected pneumoconiosis identification are not available, whether it is paid according to the original salary or according to the minimum standard wage, and the salary remains unchanged during normal attendance.

How to calculate the salary during the period when the results of the suspected pneumoconiosis identification are not available, and whether it is paid according to the original salary or according to the minimum standard wage.

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How to calculate the salary during the period when the identification results of suspected pneumoconiosis such as wild disease have not yet come out, whether it is paid according to the original salary or according to the minimum standard wage, and the salary of the slag land remains unchanged during the normal attendance period.

Legal analysis: The national compensation standard for pneumoconiosis is consistent with the work-related injury compensation standard, and the disability allowance is paid from the work-related injury insurance ** on a monthly basis, and the standard is 90% of the salary, and the actual amount of the disability allowance is lower than the local minimum wage standard, and the work-related injury insurance** makes up the difference. After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance will be suspended and the basic pension insurance treatment will be enjoyed.

Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China provides that if an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 Where an employee is bored at work due to any of the following circumstances, it shall not be found to be a work-related injury: (1) intentional crime; (2) Drunkenness or drug abuse; (3) Self-harm or suicide; (4) Other circumstances provided for by laws and administrative regulations.

Relatives are paid the same during normal attendance.