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First of all, see whether the company has paid work-related injury insurance for you, which is commonly referred to as "social security", "five insurances and one housing fund" in the five insurances (including work-related injury insurance). If it is paid, the unit goes to the Social Security Bureau to apply for work-related injury recognition first, and after it is recognized as a work-related injury, the salary is paid on a monthly basis during the hospitalization** period, and the maximum time is 12 months.
After being discharged from the hospital, the work-related injury is determined whether it is grade 10, grade 9, grade 8 or level 1, and level 1 is the most serious. Generally speaking, as long as the injury to the bone, even if it is a finger bone, it is at least grade 10 and can compensate for 7 months' salary, 9 months for grade 9, 11 months for grade 8, and 13 months for grade 7. The details are as follows:
Level 1 has the heaviest compensation, and Level 10 has the lightest compensation and the least compensation).
Then, if you terminate the employment relationship, you will have to pay a "one-time employment allowance", which is the same as a "one-time disability allowance".
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The hospital said that it was necessary to rest, that is, a work injury, and the hospital thought that it was okay to go to work, and the children did not want to go to work, so it would be considered personal leave, and the four would naturally have no salary.
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No, the recovery period refers to the period of suspension with pay, and the local human resources and social security bureau will give a certain period of suspension with pay according to the situation of the injured person, and the injured person can recover from the injury within the specified time again, if the period of suspension with pay is approaching, you can continue to apply for a period of suspension with pay, and the suspension period with pay is up to 12 months.
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If the period of work-related injury you are talking about is the work-related injury recuperation period recognized by the work-related injury insurance, you should be entitled to work-related injury benefits. However, it is issued by the work-related injury insurance institution, not the unit.
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Summary. Hello dear for your question, oh <>
During the period of work-related injury, the employer shall pay wages according to sick leave for 5 days. 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.
During the period of work-related injury, the employer has a few days to pay wages according to sick leave.
Hello and happy for your question Oh <>
During the period of work-related injury, the unit will pay wages according to the sick leave for 5 days. During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
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 Yuanxiang 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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Hello, yes, the calculation method of employees' work-related injury leave pay is mainly during the period of suspension of work, the original salary and benefits remain unchanged, and are paid by the unit on a monthly basis. It should be based on the average salary of the injured employee in the 12 months prior to the injury, and the salary for the work-related injury suspension period should be paid. Sick pay or sickness relief payments can be paid less than the local minimum wage, but not less than 80% of the minimum wage.
Legal 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 illness 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 with pay, and shall be paid by the employer on a monthly basis. 2.
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. 3.However, in practice, many units are issued according to the basic salary, regional minimum wage standards, etc., which is illegal, and employees who are suspected of being injured can complain to the local labor inspection brigade or directly go to the labor arbitration commission to submit an arbitration application to protect their legitimate rights and interests!
3.As for sick leave pay, according to Article 59 of the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China", "during the period of illness or non-work-related injury of an employee, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard." ”
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Legal Analysis: During the period of work-related injury, the employer does not only pay the basic salary. 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 with pay, and shall be paid by the employer on a monthly basis.
Average salary in the 12 months prior to 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.
Legal basis: Regulations on Work-related Injury Insurance
Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health and other departments.
There is a period of suspension of work with pay, during which the employer will pay wages on a monthly basis according to the original salary, which refers to the average salary in the 12 months prior to the injury. >>>More
Yes, but the stitches should not be rated as disability, and if you report a work-related injury, you can only be reimbursed for medical expenses, so the reimbursement of the employer and the reimbursement of work-related injury insurance are the same for you personally.
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 with pay, and shall be paid by the employer on a monthly basis. 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.
During the period of work-related injury, the wages of the employees shall be paid by the original unit on a monthly basis, and the wages and benefits shall remain unchanged, that is, they shall be paid according to the wage standard before the injury. 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 for medical treatment, 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. Therefore, during the period of work-related injury, the employee's salary is the same as the wage standard before the injury.
You can refer to some of the provisions of the Workers' Compensation Insurance Regulations. >>>More