What should I do if I get a salary of 500 yuan for a work related injury, and is it legal to be fine

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.

What is called and what to do.

Usually, it is necessary to go through procedures such as work-related injury identification, work-related injury expense reimbursement, and disability identification.

When the work-related injury is identified, it is necessary to fill in the work-related injury identification application form, provide the first diagnosis certificate, the ID card of the injured employee and other materials, and it is recommended to go to the local work-related injury department to obtain the application form and a description of the materials.

In the process of medical treatment for work-related injuries, employees injured at work are requested to explain to the medical institution that it is a work-related injury, and the hospital will pay attention to it when taking medication.

The general work-related injury reimbursement is 100%. Of course, this is only for medical expenses, and the company will pay employees as usual during the period of suspension of work. In the case of a disability rating, a disability employment allowance will be paid at the time of termination (in some cases of disability, the company cannot voluntarily disable) or termination.

Work-related injuries** are subject to disability benefits and disability medical benefits in addition to medical expenses.

During the period of suspension of work and salary, the original benefits remain unchanged. If the employer does not comply, you can go to the labor inspection complaint unit.

1. One-time disability subsidy: the maximum is 312822 yuan, and the minimum is 62,568 yuan.

Calculation standard: The one-time disability allowance is 18 months' salary.

Calculation formula: my salary xx yuan month x 18 months = xx yuan.

2. If the labor relationship with the employer is retained, the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis.

Disability allowance: the minimum shall not be less than 2433 yuan per month.

Calculation standard: Disability allowance is 70% of the person's salary until the person's retirement or normal life expectancy.

Calculation formula: my salary xx yuan month x 70 = xx yuan month.

3. If the labor relationship with the employer is terminated or terminated, the employer shall pay a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability

Medical subsidy and employment subsidy total: 208548 yuan.

Calculation standard: In 2013, the average monthly salary of employees was paid for a total of 36 months.

Calculation formula: 5793 months x 36 months = 208548 yuan.

Article 36 Where an employee is assessed as having a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;

2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.

If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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.

1. In accordance with the Social Insurance Law

Article 38.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

2. According to Article 37 of the Regulations on Work-related Injury Insurance, if a work-related injury is grade 9 disabled, the work-related injury insurance shall pay 9 months' salary; When the employee terminates the labor contract, a one-time medical subsidy for work-related injuries shall be paid from the work-related injury insurance**, and a one-time work-related injury employment subsidy shall be paid by the employer; Grade 9 disability is entitled to 6 months, and the specific standard is based on the average monthly salary of employees in the previous year in the locality; The employer shall pay a one-time employment subsidy for work-related injuries, and the ninth-grade disability shall be entitled to 10 months, and the specific standard shall be based on the average monthly salary of the employee in the previous year.

3. According to Article 64 of the Regulations on Work-related Injury Insurance, personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to their work-related injuries or occupational diseases. If the salary is lower than 60% of the average salary of employees in the overall planning area, it will be calculated according to 60% of the average salary of employees in the overall planning area.

4. The average monthly wage of the previous year in the place shall be subject to the social statistics report issued by the local social statistics bureau.

Level 5 Disability: There are two types: one.

Termination of the employment contract.

Disposable. Medicaid.

10 months, one-time disability benefit.

18 months, 50 months for a one-time employment grant. The second type is to retain the labor relationship without resignation: the employer pays the disability allowance - 70% of the salary is paid monthly + the disability allowance is paid for 18 months.

It is recommended not to terminate the labor relationship, if the work-related injury part still needs **, you can apply for social security, and the expenses can be reimbursed. If it is lifted, you will have to pay for it yourself.

Fuck, ** factory! **If there is such a thing, you must call the police, make it bigger, and let others know that the factory is injured and deducted money!

1.Illegal, work-related injuries are not held accountable for the employee's liability (except for suicide, self-harm, drunkenness, and drug abuse), as long as there is an employment relationship with the employer and the injury is in accordance with Article 10 of the Regulations on Work-related Injury Insurance.

4. Regardless of whether the operation is in violation of regulations or not, it shall be recognized as a work-related injury and compensation shall be obtained according to the work-related injury benefits.

2.According to Article 17 of the Regulations on Work-related Injury Insurance, the first thing to do is to apply to the local labor department for work-related injury recognition, which is the premise of all problems.

3.If the injury is determined to be work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;

4.If the employer fails to fulfill the above obligations, the injured employee may apply for arbitration to the local labor arbitration commission to protect his or her legitimate rights and interests.

Being fined after a work-related injury is an enterprise action. No business has the power to impose fines on its employees, so it is not legal.

Fines are one of the means of administrative punishment, and they are administrative punishments given by administrative law enforcement units to individuals and units that violate administrative regulations. He does not need to be subject to a judgment by the people's court, as long as the administrative law enforcement unit makes a penalty decision in accordance with the provisions of the administrative regulations.

According to the repealed Regulations on Rewards and Punishments for Employees of Enterprises, public enterprises and collectively-owned enterprises have the right to impose fines on employees, but this regulation was repealed in accordance with the law on January 15, 2008.

According to the current laws and regulations of China, there is no basis for whether an enterprise can impose fines on employees, and whether it can set fines can only be analyzed and explained through legal principles.

Summary. Legal basis].

Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits: (1) a one-time disability subsidy shall be paid from the work-related injury insurance according to the level of disability, and the standard shall be: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

I was injured at work for more than 10 years, why did I lose more than 5,000 yuan.

Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

I am a corporate person and I have a work injury. was identified as a grade 10 disability, why did he lose more than 5,000 yuan.

Grade 10 disability compensation standard targeting: Grade 10 disability = 7 months of salary. Grade 10 work-related injury is entitled to a 7-month one-round disability subsidy for one-round wages, and a one-time medical subsidy and employment subsidy for work-related injuries are also available for the termination or termination of Hetong. 【

Legal basis] Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits: (1) a one-time disability subsidy shall be paid from the work-related injury insurance base according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months of salary for grade 10 disability;

2) If the labor or employment contract expires and is terminated, or the employee himself 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 the one-time medical subsidy and the one-time disability employment subsidy shall be prescribed by the provinces, autonomous regions, and xx.

The money has been called to me today for more than 5,000 points, and now I need to ask them for compensation, and my salary is 5,000 per month. The medical expenses cost about 20,000 yuan, and I paid more than 6,000 points after the hospitalization reimbursement. How much should social security accompany me.

When your specific rights and interests are infringed upon, the most effective way is to solve it through labor arbitration, and when arbitrating, you can try to collect some relevant evidence, which is conducive to ruling, and it doesn't matter if there is no shed, the main responsibility for proof in labor dispute cases lies with the employer, and the employer will be ordered to show relevant evidence.

1. How much can be compensated for the fifth grade of work-related injury?

1. Hospitalization meal subsidy: If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard for business trips of the unit;

2. Medical expenses: calculated according to the actual expenses;

3. Suspension wages: 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 suspension period and shall be paid by the unit 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 suspension period, he or she shall continue to enjoy the medical treatment of the work-related injury;

4. Nursing expenses: If the injured employees who are unable to take care of themselves need nursing care during the period of suspension of work, the unit shall be responsible for it. If the injured employee has been assessed for disability and has been confirmed by the Labor Ability Appraisal Committee to be in need of life care, the employer shall continue to pay for it;

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them are unable to take care of themselves, or some of them are unable to take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year;