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    Wages And Salaries During Work-Related Injuries

    2010/10/27 17:28:00 75

    Work-Related Injury Insurance Benefits Wages

     

    I. workers and staff members

    Injury on-the-Job

    You can get the following

    Insurance treatment

    :


    1, medical expenses: the cost of treatment for work-related injuries accords with the catalogue of work-related injury insurance treatment projects, the catalogue of work-related injury insurance drugs, and the standard of hospitalization service for work-related injury insurance, and is paid from the industrial injury insurance fund.


    2, allowance for meals: workers who are hospitalized for work-related injuries shall be paid by the units in accordance with the 70% of their official travel allowance allowance.


    3, pportation accommodation fee: issued by a medical institution, it is reported that the consent of the agency shall be reimbursed by the unit in accordance with the official travel standards of the employees.


    4, work-related injury allowance: workers enjoy work-related injury allowance during the medical treatment period, and the original salary and welfare benefits remain unchanged.


    Two, work-related injuries constitute eight grade disability, in addition to the above treatment, the following treatment is also obtained:


    1, one-time disability allowance: eight grade disability for 10 months of my salary (issued by insurance institutions);


    2, if the employee does not wish to cancel the labor contract in the unit or terminate the contract after the expiration of the contract, the employee may also enjoy the following treatment (issued by the unit):


    (1) one-time industrial injury medical grant: the specific standard is prescribed by the provincial government.

    For example, Guangxi stipulates that eight grade disability is 10 months' salary.


    (2) disability employment subsidy: the specific standard is stipulated by the provincial government. Guangxi stipulates that the eight level of disability is 8 months' salary.

    {page_break}


    Three, you should figure out what you said.

    wages

    What exactly is the treatment? But the key to your question is whether the insurance premium is calculated according to the actual salary or the payment base.


    1, in accordance with the provisions of the industrial injury insurance Ordinance, the "wages" mentioned in the above treatment refers to my own contribution wage (the base of payment).


    2, therefore, the calculation and payment of insurance benefits should be based on the payment of wages instead of the actual wages.

    Especially the part that should be issued by the industrial injury insurance fund.


    Four, the unit does not pay the industrial injury insurance premium according to the actual wages should bear the legal liability problem.


    1. According to the law, the amount of work-related injury insurance premiums payable by employers should be paid by the employer.

    The so-called "gross wage" refers to the total amount of labor remuneration paid directly by the employer to all employees of the unit.

    That is, the unit should pay according to the actual wage of all employees.


    2, if the unit does not pay the industrial injury insurance premium according to the actual amount of wages, it should be an illegal act and should bear the corresponding legal consequences.

    The first is that the labor department can impose penalties on the unit, and the second is the reduction of insurance benefits for work-related injury workers.


    3, when calculating the loss of treatment caused by the illegal activities of the unit, whether it is calculated according to your actual salary depends on whether your actual salary is more than 3 times the average wage of the workers in the city. If it exceeds the limit, it can only be calculated by 3 times. If it does not exceed, it will be calculated according to your actual wage.

    If the average wage of your local city is 800 yuan, then you can only calculate it by 2400 yuan, because your salary is more than 800 times that of 800. If the local average wage is 1000 yuan, then 3 yuan will be 3000 yuan, and your salary will not exceed that.


    4, the loss that the unit claims to compensate for the difference should be referred to labor arbitration within 60 days after knowing that its rights have been infringed.

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