How to calculate the salary of leaving the job for work related injuries, and how to calculate the s

The original wages and benefits of the injured employee during the period of suspension of work and pay shall remain unchanged and shall be paid by the employer on a monthly basis.

According to Article 33 of the Regulations on Work-related Injury Insurance, the work-related injury period is called the period of suspension of work, and the salary and benefits during the normal working period before the accident injury remain unchanged, and the employer shall pay it on a monthly basis.

The period of suspension with pay for an injured employee shall be determined by the employer in accordance with the Catalogue of Suspension Period with Pay for Work-related Injuries issued by the personnel department and health department of the province or city where the employee is located. If the period of suspension with pay exceeds 12 months, and if there is a dispute, it shall be confirmed by the Labor Ability Appraisal Committee of the city divided into districts.

The "original salary" of the work-related injury employee during the period of suspension of work with pay is not defined in the Regulations on Work-related Injury Insurance, and the following three calculation methods are generally stipulated in various localities:

1. Refers to wages other than overtime pay;

2. Average salary in the 12 months prior to injury;

3. The average salary in addition to overtime pay 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.

It's clear! What does it mean to leave your job? A work-related injury is a work-related injury, and the state has, the work-related injury insurance law, stipulates.

The "Regulations on Work-related Injury Insurance" stipulates that if an employee is injured in an accident at work and needs to suspend work for medical treatment, the original salary and benefits shall remain unchanged during the period of suspension with pay, which shall be paid by the employer.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

If the resignation is voluntary, 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; If the employer unilaterally terminates the labor contract under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employer shall pay economic compensation; If the employer terminates the labor contract in violation of the law, the employer shall pay double the compensation according to the economic compensation standard.

[Legal basis].Article 37 of the Regulations on Work-related Injury Insurance.

Employees who are identified as having a disability of grade 7 to 10 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: 13 months' salary for the seventh grade disability, 11 months' own salary for the eighth grade disability, 9 months of the manual payment for the ninth grade disability, and 7 months of the salary for the tenth grade 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 Huaidong standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal analysis: If an employee voluntarily resigns after a work-related injury, the employer does not need to compensate, but should pay a one-time disability employment subsidy; If an employer forces an injured employee to resign, it shall pay compensation to the employee at twice the rate of economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

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 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 an occupational disease;

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 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Upon the request of the work-related injury worker, 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.

Work-related injury benefits vary depending on the level of disability due to work-related injuries. If you don't describe the problem clearly, the answer will not be accurate.

It is recommended to read the work-related injury insurance regulations by yourself, and the laughter written on it is very clear.