The wage payment standards during work-related injuries: the original wages and benefits remain unchanged. During the suspension period, the original wages and benefits will remain unchanged and will be paid monthly by the employer. If the injury is serious or the situation is special, the period of suspension with pay may be extended appropriately, but the extension shall not exceed 12 months.
What are the wage payment standards during the work-related injury medical treatment period?
The wage payment standards during the work-related injury medical treatment period are as follows:
1. During the period when the injured person is off work and retains salary, the original salary The salary remains unchanged and will be paid monthly by the employer.
2. The period of suspension of work and salary retention shall generally not exceed 12 months. If the injury is serious or the situation is special, it can be appropriately extended after confirmation by the community's municipal labor ability appraisal committee, but the extension time shall not exceed 12 months.
3. After the employee injured at work is assessed as having a disability level, the original benefits will be suspended. Enjoy disability grade benefits in accordance with work-related injury insurance regulations.
4. If a work-injured employee who cannot take care of himself needs care during the period of suspension of work and salary, the unit where he works shall bear the cost.
5. If an employee injured at work has been assessed a disability level and confirmed by the Labor Ability Appraisal Committee as needing daily care, the work-related injury insurance fund will pay daily nursing fees on a monthly basis.
6. Living care fees are paid according to three different levels: those who cannot take care of themselves at all, those who cannot take care of most of their lives, or those who cannot take care of part of their lives. The standards are respectively the percentage of the average monthly salary of employees in the city in the previous year. Fifty, forty, thirty percent.
What is the wage payment standard for workers during work-related injuries?
The employer will pay wages and benefits based on normal attendance. According to Article 33 of the "Regulations on Work-related Injury Insurance", the period during which an injured employee stops working for treatment of the work-related injury, including the period of hospitalization and the period of recuperation after discharge from hospital, is called the suspension of work and salary period, and the wages and benefits will not be the same as during the normal working period before the accident injury. Changes will be made by the employer on a monthly basis. During the work-related suspension period, the original salary and welfare benefits of the injured employee remain unchanged. The "original salary" is calculated based on the average monthly salary of the injured employee in the 12 months before he suffered an accident or occupational disease due to work, including hourly wages or piece-rate wages, and bonuses. , allowances and subsidies, etc., but does not include overtime wages.
During the suspension of work and salary retention period, the employer shall not suspend or partially suspend the wages and benefits of employees for various reasons. Otherwise, its behavior is illegal. If the employer fails to pay the employee's wages and benefits during the period of work-related injury and suspension of wages in accordance with the law, its behavior is an illegal act of failing to pay labor remuneration in full and on time as stipulated by law. At this time, workers should argue with reason and adopt certain strategies to require the employer to still pay wages on a monthly basis. First you can negotiate with the company. If negotiations are fruitless, workers can take the following measures in accordance with the law to safeguard their legitimate rights and interests:
1. Fire the employer's "squid". According to legal provisions, if the employer fails to pay labor remuneration in full and on time to the employee, the employee may terminate the labor contract with the employer at any time and require the employer to pay economic compensation in accordance with the law. Furthermore, this does not affect workers’ rights to workers’ compensation.
2. Report or complain to the labor administration department. At the local level, it is generally called the "Human Resources and Social Security Bureau", and the department responsible for this matter is usually the Labor Inspection Brigade under the Human Resources and Social Security Bureau. If the employer fails to pay labor remuneration in full and on time, or you propose to terminate the labor contract because of this, but the employer still does not pay wages and economic compensation, then you can file a complaint with the Labor Inspection Brigade and request processing, and the labor administration department will order the employer to The unit must pay within a time limit; if payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee based on a calculation of more than 50% and less than one time of the amount payable.
3. Actively apply for arbitration. If the employer still refuses to implement the administrative decision after receiving it from the labor inspection brigade, the employee can entrust a lawyer to apply for labor arbitration to the Labor Arbitration Commission in a timely manner and let the employer pay the economic price for its illegal behavior.
Legal basis:
Regulations on Work-related Injury Insurance
Article 33 If an employee suffers an accident injury due to work or suffers from an occupational disease and needs to suspend work to receive work-related injury medical treatment , during the suspension period, the original wages and benefits will remain unchanged and will be paid monthly by the employer. The period of layoff without pay generally does not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the district-level municipal labor capacity appraisal committee, but the extension shall not exceed 12 months. After an employee injured at work is assessed as having a disability level, the original benefits will be suspended and he will enjoy disability benefits in accordance with the relevant provisions of this chapter. Employees injured at work who still need treatment after the expiration of the period of suspension of work and salary retention shall continue to enjoy work-related injury medical treatment. If a work-injured employee who cannot take care of himself needs care during the period of suspension of work and salary retention, the employer shall be responsible for it.