How to calculate wages during work injury?
Encountering a work-related injury at work is one of the situations that workers least want to face, but understanding how wages are calculated during work-related injuries can help workers protect their legitimate rights and interests. This article will combine the hot topics and hot content on the Internet in the past 10 days, analyze in detail the calculation method of wages during work-related injuries, and provide structured data for reference.
1. Wage payment standards during work-related injuries
According to the "Regulations on Work-related Injury Insurance" and relevant legal provisions, wage payment during work-related injuries is divided into the following situations:
| Work injury stage | Wage payment standards | Payment subject |
|---|---|---|
| layoff period | Original salary and benefits remain unchanged | Employer |
| After the disability level assessment | Enjoy one-time disability subsidy, disability allowance, etc. according to the disability level | Work-related injury insurance fund or employer |
| Work injury recurrence period | Re-enjoy the benefits of the layoff and salary period | Employer |
2. Specific provisions on suspension of work and salary retention period
The layoff period with pay refers to the period during which an employee needs to suspend work to receive treatment due to a work-related injury. During this period, the employer must pay wages according to the original wage standards. The specific regulations are as follows:
| Project | Description |
|---|---|
| Salary calculation | Calculated based on the average salary in the 12 months before the work injury, including basic salary, bonuses, allowances, etc. |
| term | Generally no more than 12 months, but may be extended to 24 months under special circumstances |
| Termination condition | After the injury is stable or the work ability assessment is completed |
3. How to calculate disability benefits
If a work-related injury causes a worker to become disabled, he or she can enjoy disability benefits after a work ability assessment. The specific standards are as follows:
| Disability level | Allowance standard (monthly salary ratio) |
|---|---|
| first degree disability | 90% |
| Second degree disability | 85% |
| Third degree disability | 80% |
| Fourth degree disability | 75% |
4. Frequently Asked Questions
1.Does the salary during work injury include overtime pay?Wages during the layoff period are calculated based on the original wages and benefits, which usually include fixed overtime pay, but do not include temporary overtime income.
2.What should I do if the employer does not pay work-related injury wages?Workers can complain to the local labor inspection department or apply for labor arbitration.
3.Is it legal to be fired during a work-related injury?It is illegal for an employer to unilaterally terminate the labor contract during a work-related injury, and the employee may claim compensation.
5. Summary
The calculation of wages during work-related injuries involves many aspects such as benefits during the work-off period, disability allowances, etc. Workers need to clarify their own rights and interests. If the employer fails to pay wages in accordance with the law, it should promptly safeguard its rights through legal channels. It is recommended to keep the work-related injury certificate, medical records and other evidence for subsequent processing.
The content of this article refers to the "Work-related Injury Insurance Regulations" and recent hot cases, aiming to provide practical guidance for workers. For further consultation, it is recommended to contact the local social affairs department or a professional lawyer.
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