How to calculate the work injury! Three months to get better! How much can I get? 30

1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury ** and ** period) shall be paid according to the original treatment;

3.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 does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect your legitimate rights and interests.

Your question is very unclear, the following is what I gave to others, the whole process of work injury, you can refer to:

After a work-related injury occurs, the employer shall report the work-related injury to the work-related injury determination department in a timely manner, but according to what you said, your employer will definitely not want to recognize the work-related injury for you. You have to go to the work-related injury determination department to apply for labor arbitration, and the work-related injury department will send you a notice of supplemental and corrective materials, and take this notice to the labor arbitration commission to which your employer belongs to apply for labor arbitration, and the appeal is to "determine that there is an employment relationship between you and the employer at the time of the injury". If the final result is that you have an employment relationship with the employer, you can take the award of the arbitration commission (or the judgment of the court) to the work-related injury determination department to determine the work-related injury without the cooperation of the employer.

The results of the work-related injury determination include the "Work-related Injury Certificate" and the "Disability Level Appraisal Form", take these two things, according to your disability level and compare the "Work-related Injury Insurance Regulations", calculate how much compensation you can get, and then negotiate with your employer, as long as the difference between the two parties believes that the compensation amount is not large, it is best to reach a settlement. If the negotiation fails, you take two things to the arbitration commission to apply for labor arbitration again, claiming compensation for various work-related injury benefits, and there are many items of work-related injury benefits, including one-time disability subsidy, one-time work-related injury medical subsidy, one-time disability employment subsidy, salary during the suspension period, food subsidy, escort fee, transportation fee, appraisal fee, etc.

It is worth noting that for you, the determination of the employment relationship is the most important step and the most difficult, because you have to prove that you have an employment relationship with the employer and that you were injured at work, and some employers often deny that the employee is their employee during the arbitration process, or even denies that there has been a work-related accident, which is more difficult for workers without labor contracts and social insurance, which requires a large amount of sufficient and effective evidence.

Many people who do not understand the relevant regulations think that as long as they go to the arbitration commission, they will definitely be able to recognize the work-related injury, but they do not pay enough attention to it, and as a result, they lose the lawsuit. In fact, the determination of the employment relationship is very important and decisive, and if the employment relationship is not recognized, there is no way to talk about compensation. It is recommended that you consult with a lawyer, whether you hire a lawyer or not, at least learn and understand more.

The relevant content of how to calculate the half-month salary for work-related injuries is as follows: 1According 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 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. 2.

Generally speaking, the wages for the period of work-related injury suspension (excluding overtime pay, etc.) should be paid according to the average salary of the injured employee in the 12 months prior to the injury. 3.But in practice, many units are issued according to the basic salary, regional minimum wage standards, etc., this practice is illegal, injured workers can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to submit an arbitration application, to protect your legitimate rights and interests, if you don't understand, you can ask or directly call 12021 to consult the local labor department!

1.The calculation of half a month's salary for work-related injuries shall be based on Article 86 of the Labor Contract Law: Article 8 and Article 16 of the Labor Contract Law

In the event of a work-related accident, the employer shall pay the work-related injury insurance benefits to the employee according to the standard of half the employee's current month's salary. That is, the calculation of half a month's salary for work-related injuries should be calculated according to the half-monthly wage standard of the employee's current month's salary. For example, if the monthly salary of a worker is 2,000 yuan, then the half-month salary for work-related injuries is 1,000 yuan (2,000 yuan 2).

According to Article 23 of the Regulations of Guangdong Province on Work-related Injury Insurance, the following explanation is made on how to calculate the three-day salary for work-related injuries: If an employee needs to suspend work due to a work-related injury and receive medical treatment for a work-chain spinal 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. The period of suspension of work with pay shall be confirmed by the Labor Ability Appraisal Committee in accordance with the provisions of the medical termination period, and shall not exceed 24 months.

After the work-related injury is assessed, the original benefits shall be suspended and the employees shall enjoy the disability benefits in accordance with the relevant provisions of this chapter. If the injured employee still needs ** (including old injury**) after the assessment of the disability level, with the approval of the Labor Ability Appraisal Committee, the employee shall continue to enjoy the treatment of work-related injury medical treatment and the period of suspension of work with pay after the approval of the Labor Ability Appraisal Committee; Those of the first to fourth grades shall enjoy disability allowance and work-related injury medical treatment, and the hospitalization food allowance shall be paid by the work-related injury insurance according to the standards specified in the second paragraph of Article 22 of these Regulations.

Legal analysis: A one-time disability subsidy is 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.

The employment relationship with the employer shall be retained, 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, and the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability.

Legal basis: Article 64 of the Regulations on Work-related Injury Insurance The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by the employer to all employees of the employer. 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 of the employee is higher than 300% of the average salary of employees in the overall planning area, if the salary of the person 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.