According to Article 33 of the Regulations on Work-related Injury Insurance, the period during which employees with work-related injuries stop working to treat work-related injuries, including hospitalization and rest after discharge, is called shutdown with pay. The wages and benefits during normal work before the accident remain unchanged and are paid by the employer on a monthly basis.
The period of suspension with pay for workers with work-related injuries shall be subject to the rest certificate issued by the medical institution that signed the service agreement or the work-related injury rehabilitation institution that signed the service agreement. If the period of shutdown with pay exceeds 12 months, it shall be confirmed by the municipal labor ability appraisal committee with districts. The final conclusion is the conclusion of the period of shutdown with pay confirmed by the municipal labor ability appraisal Committee with districts.
The "original salary" during the paid suspension of work-related injuries is not clear in the Regulations on Work-related Injury Insurance, and there are roughly three calculation methods in local regulations:
1, which refers to wages other than overtime pay;
2. Average salary before injury 12 months;
3. Average salary except overtime before injury 12 months.
If the employer fails to pay the wages of the employees with work-related injuries during the paid shutdown, the employees with work-related injuries may apply for labor dispute arbitration to safeguard their rights.
Regulations on industrial injury insurance
Article 33 If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly.
The paid shutdown period 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 Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.
regulation on work related injury insurance
Article 66 The meanings of the following terms in these Regulations:
(two) the original wages and benefits, refers to the average wages and benefits of the injured workers in the unit twelve months before the injury. Workers with work-related injuries who have worked in this unit for less than 12 months shall be paid the average salary and welfare according to the actual number of months.
Henan province labor resources and social security department
Opinions on several issues of industrial injury insurance
Fourteen, the "original wages and benefits" in Article 33 of the Regulations on Work-related Injury Insurance should be understood as "the wages and benefits that employees should enjoy under normal attendance before suffering from work-related accidents or occupational diseases (except the wages and benefits of extended working hours)".
Zhejiang Higher People's Court Minyiting
Solutions to some difficult problems in the trial of labor dispute cases (20 12.6438+02).
Sixteen, "Regulations on Work-related Injury Insurance" stipulates in Article 33, what is the calculation standard of "the original salary and welfare benefits remain unchanged" during the period of unpaid leave?
During the period of suspension of work with pay, the original wages and benefits of the injured workers remain unchanged. The "original salary" is calculated according to the average monthly salary of the injured workers before 12 months due to work-related accidents or occupational diseases, including hourly wages or piecework wages, bonuses, allowances and subsidies, but excluding overtime wages.
What is the standard and system of industrial injury compensation for factory workers? The following is the standard of Suzhou, please refer to it. Every region is different, mainly depending on your region.
(1) medical expenses
1. Requirements: The expenses for work-related injury treatment meet the catalogue of work-related injury insurance treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance.
2. Legal basis: Paragraph 3 of Article 30 of the Regulations on Industrial Injury Insurance.
3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement.
(2) Hospitalization food allowance
1. standard: it shall be stipulated by the personnel in all industrial injury insurance co-ordination areas. Suzhou 20 yuan/person/day
2. Requirements: During hospitalization.
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.
(3) Transportation and accommodation expenses
1. standard: it shall be stipulated by the personnel in all industrial injury insurance co-ordination areas. The transportation fee is actually paid, and the accommodation fee is per person per day 150 yuan.
2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area.
3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.
(4) Rehabilitation treatment fee
1. standard: the expenses for treating work-related injuries are in line with the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.
2. Legal basis: Article 30 (6) of the Regulations on Industrial Injury Insurance.
3. Remarks: According to local regulations, rehabilitation treatment needs to be evaluated by experts organized by institutions.
(5) Expenses for assistive devices
1. standard: standards for the quota of industrial injury AIDS in all provinces and municipalities directly under the central government.
2. Requirements: Artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other auxiliary devices are installed due to the needs of daily life or employment.
3. Legal basis: Article 32 of the Regulations on Industrial Injury Insurance.
(6) paid shutdown
1, standard: the original salary and welfare are unchanged, and the unit will pay it monthly.
2. Requirements: Generally, the paid downtime shall not exceed 12 months; If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
3. Legal basis: Article 33 of the Regulations on Industrial Injury Insurance.
4. Remarks: The paid shutdown period is determined according to the diagnosis certificate of medical institutions and the classified catalogue of paid shutdown in various places, but the determined departments and procedures shall be subject to local regulations.
(7) Nursing expenses
1, standard: (1) If care is needed during paid shutdown, the employer shall be responsible. (2) After assessment of disability, those who need nursing care and cannot take care of themselves completely shall be 50% of the average monthly salary of employees in the last year as a whole; Most people can't take care of themselves, and they should be co-ordinated according to 40% of the average monthly salary of ground workers; Some people can't take care of themselves, and plan as a whole 30% of the average monthly salary of ground workers; Suzhou is 1899 yuan, 15 19 yuan, 1 139 yuan respectively.
2. Requirements: The living nursing fee is confirmed by the labor ability appraisal committee, and the injured workers enjoy it on a monthly basis.
3. Legal basis: Article 33, paragraph 3, and Article 34 of the Regulations on Industrial Injury Insurance.
(eight) one to four disability benefits.
1. standard: one-time disability allowance: 27 months salary for first-class disability, 25 months salary for second-class disability, 23 months salary for third-class disability and 2 1 month salary for fourth-class disability; Enjoy monthly disability allowance: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, make up the difference;
2. Requirements: Maintain labor relations and resign from work. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance.
3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance.
What is the standard for paying compensation wages for five-level work-related injuries? Social insurance will only pay the base.
Regulations on industrial injury insurance
Article 64 The term "total wages" as mentioned in these Regulations refers to the total labor remuneration paid directly by the employer to all employees of the unit.
The term "my salary" as mentioned in these Regulations refers to the average monthly payment salary of the injured workers 12 months before they suffer from accidents or occupational diseases. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
What is the compensation standard of the ten-level industrial injury compensation factory? Industrial injury treatment mainly includes:
1, medical treatment: individuals do not bear medical expenses. Those who meet the catalogue of industrial injury insurance shall be paid by the industrial injury insurance fund, and those who do not meet the catalogue shall generally be paid by the unit. Hospitalization food subsidies are paid by the industrial injury insurance fund according to local standards and need to be taken care of. If the unit does not provide care, the unit needs to pay the nursing fee according to local standards.
2. paid treatment for work stoppage: paid treatment for work injury needs to be determined. Usually, opinions are issued by medical institutions that treat work-related injuries and confirmed by the labor ability appraisal committee. Generally not more than 12 months. During the paid shutdown, the original salary and benefits will remain unchanged, and the unit will pay them monthly.
3, by the industrial injury insurance fund to pay a one-time disability allowance. The standard is my 10 disability salary for 7 months, and my salary is 12 average monthly contribution salary before injury.
4. If the labor relationship is terminated, the one-time work-related injury medical subsidy paid by the work-related injury insurance fund shall be paid by the unit. Standards vary from place to place. I want to know where you are.
If the unit does not participate in work-related injury insurance, all work-related injury benefits will be paid by the unit.
Compensation standard for work-related injuries If toenails do not constitute disability,
It is the reimbursement of medical expenses and the retention of the original treatment during medical treatment.
There is no compensation.
20 16 Tonghua industrial injury compensation standard, how to calculate Tonghua industrial injury compensation wages, apply for industrial injury identification and labor ability appraisal, and apply for industrial injury insurance benefits according to the appraisal conclusion.
Work-related injury identification is an administrative confirmation by the social insurance administrative department according to the authorization of the law whether the accidental injury (or occupational disease) of employees belongs to work-related injury or is regarded as work-related injury. It is a prerequisite for employees to enjoy work-related injury insurance benefits after accidental injuries and get relief through legal channels in case of disputes.
Labor ability appraisal is a comprehensive evaluation of the degree of disability and loss of labor ability of workers with work-related injuries by labor appraisal institutions according to national appraisal standards, and it is the basis and premise for giving insurance benefits to workers with work-related injuries.
Workers with work-related injuries shall first apply to the Human Resources and Social Security Bureau for identification of work-related injuries, and their units shall apply within 30 days of the accident. Trade unions, employees with work-related injuries or their close relatives shall apply for recognition within one year. To apply for work-related injury identification, an application form for work-related injury identification should be filled in and submitted: proof of labor relationship with the employer, medical diagnosis certificate, etc.
If a work-related injury is identified and the injury is relatively stable, and the disability affects the ability to work, an application shall be made to the municipal labor ability appraisal Committee (generally established in the Human Resources and Social Security Bureau at the same level). To apply for labor ability appraisal, you should fill in the application form for labor ability appraisal and submit: the original and photocopy of the decision on work-related injury identification; Valid diagnosis certificates, photocopied or duplicated inspection reports and other complete medical record materials that meet the relevant provisions of medical institution medical record management; The original and photocopy of valid identification certificates such as the resident ID card or social security card of the injured worker; Other materials specified by the labor ability appraisal committee.
According to the appraisal conclusion, I claim to enjoy the treatment of work-related injury insurance. Different levels of disability receive different compensation. The main compensation includes: medical expenses, one-time disability subsidy, one-time employment subsidy, one-time medical subsidy, wages during shutdown, hospital food subsidy, nursing expenses, disability allowance, etc.
Disputes with the employer's work-related injury insurance benefits belong to labor disputes. The employing unit applies for labor dispute arbitration to the labor dispute arbitration committee where the employing unit is located or where the labor contract is performed. After the arbitration award becomes legally effective, if the employing unit fails to perform its obligations stipulated in the award, it shall apply to the people's court for compulsory execution.
If the laborer has no evidence to prove the existence of labor relations, such as a labor contract, and cannot apply for work-related injury identification, he may first apply for labor arbitration to confirm the existence of labor relations between the laborer and the employer. After labor arbitration confirms the existence of labor relations, apply for work-related injury identification.
20 16 Bijie city industrial injury compensation standard, Bijie city "industrial injury insurance regulations" how to calculate industrial injury compensation wages?
Article 33 If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive medical treatment for work-related injuries, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly.
The paid shutdown period 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 Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.
How much is the standard wage for industrial injury compensation in Fuyang, Anhui Province? During work-related injuries, employees will be treated differently and their wages will be reduced. Apply for labor arbitration to make up wages and bear economic compensation.
According to the provisions of Article 33 of the Regulations on Work-related Injury Insurance, if an employee suffers from an accident or occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the unit shall pay the original wages and benefits on a monthly basis.
The period of suspension with pay exceeds 65438+2 months, and the injury is serious or special. If the delay is confirmed by the district-level labor ability appraisal committee for more than 65,438+2 months, the injured worker will be assessed as disabled and stop the original treatment. According to the relevant provisions of this chapter, workers with work-related injuries who still need treatment after the period of suspension with pay will continue to enjoy medical treatment for work-related injuries.
The unit is responsible for taking care of the care needed by its employees during paid downtime.
For more information, see.
The compensation standard for work-related injuries is based on individual wages, but not less than 60% of the local average wage.
The standard of industrial injury compensation is to pay compensation in tax, money and wages? Reasonable compensation for work-related injuries can be paid before tax.
According to the Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Deduction of Wages and Salaries and Employee Welfare Expenses (Guoshuihan [2009] No.3), the enterprise employee welfare expenses stipulated in Article 40 of the Implementation Regulations include the following contents: …… (3) Other employee welfare expenses incurred in accordance with other regulations, including funeral subsidies, pension expenses, settling-in expenses, travel expenses for visiting relatives, etc. "
According to the above provisions, compensation for work-related injuries paid according to national standards can be deducted before tax as employee welfare expenses due to accidents. The enterprise shall provide the certification materials of labor security, insurance, court and other relevant departments, as well as the payment voucher of compensation and the signature certificate of the employee's family after receiving the compensation, and go through the pre-tax deduction procedures.