Grade 10 recurrence of work related injury recuperation at home. Units are on sick leave

Article 33] If an employee is injured in an accident or suffers from an occupational disease due to 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.

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] Employees who are identified as having a Grade 7 to Grade 10 disability due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance**, and the standard is: 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.

During the period of suspension of work, the full amount of the original salary shall be paid, and during the period of suspension of work, it shall be paid according to the sick leave pay. Sick pay is not less than 80% of the local minimum wage

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different levels of disability, the compensation received by each province is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Sick leave depends on your injury, fracture is generally about 15 days, 1 month to 3 months after surgery. Wages are paid at 80 per cent.

The salary is as much as it gets.

Employees who take sick leave are required to go for an examination at Nochai Hospital, and apply for leave according to the illness certificate issued by the hospital, and the time of leave cannot be decided by themselves.

If the employee has a grade 10 disability, he or she should first ask for leave to go to the hospital for a review, and rest according to the results of the review and the hospital's recommendations, but he or she shall not make a false statement.

The Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa [1995] No. 309) stipulate the payment of sick leave pay or sickness relief expenses.

During the period of illness or non-work-related injury**, the enterprise shall pay the employee sick leave pay or sickness relief expenses in accordance with the relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employer on the premise that the worker has fulfilled his normal labor obligations within the statutory working hours. The minimum wage does not include wages and remuneration for extended working hours, housing and food subsidies paid by employers in monetary terms, allowances for special working environments and working conditions such as medium shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules.

Except for the circumstances stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding. The term of the employment contract shall automatically extend until the expiration of the period of medical treatment, pregnancy, maternity and lactation.

In the case of work-related injury, the wages during the period shall be paid in accordance with the original wages and benefits.

Regulations on Work-related Injury Insurance

Article 38 Employees who are injured at work and whose need is confirmed to be in need of work-related injuries shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.

Article 33] If an employee is injured in an accident or suffers from an occupational disease due to 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.