How to calculate the salary during the industrial injury in Zhongshan city?

Depending on the specific situation, depending on the specific situation, the minimum compensation standard for work-related injuries is 10 level work-related injury disability allowance, with a standard salary of 7 months. 1 Article 37 of the Regulations on Work-related Injury Insurance, employees who are disabled due to work shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid by the work-related injury insurance fund according to the level of disability, with the standards as follows: level 7 disability 13 monthly salary, level 8 disability 1 1 monthly salary and level 9 disability. (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Thirty-eighth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 30, 32 and 33 of these Regulations. The claim settlement steps are as follows: 1. Apply to the Human Resources and Social Security Bureau (former Labor Bureau) for work-related injury identification. The company needs to report the accident within one month. If the company does not apply, the injured employee or his close relatives shall apply for appraisal within one year. Materials to be submitted: application form for work-related injury identification (generally downloaded from the website of the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc. 2, after treatment, disability and the injury is relatively stable, it shall apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee (generally established in the Human Resources and Social Security Bureau at the same level); 3. According to different levels of disability, the compensation is different. The main compensation includes: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages during shutdown, food subsidies, nursing expenses, etc. 4. If you don't have evidence such as labor contract to prove the existence of labor relationship and can't apply for work-related injury identification, you can apply for labor arbitration first to confirm the existence of labor relationship between you and the employer. After labor arbitration confirms the existence of labor relations, apply for work-related injury identification. If the company pays social security, most of the compensation will be paid by the social security fund, otherwise it will be paid by the employer. Article 38 of the Social Insurance Law of People's Republic of China (PRC), the following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations: (1) medical expenses and rehabilitation expenses for treating work-related injuries; (2) Hospitalization food subsidies; (three) transportation and accommodation expenses for medical treatment outside the overall planning area; (four) the cost of installing and configuring assistive devices for the disabled; (five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs; (6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV; (seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved; (8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths; (nine) labor ability appraisal fee. Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations: (1) wages and benefits during the treatment of work-related injuries; (two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6; (3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund. The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law. "Regulations on Work-related Injury Insurance" Article 33 If an employee needs to suspend work and receive work-related injury medical treatment due to work-related accidents or occupational diseases, the original salary and welfare benefits will remain unchanged during the paid suspension period, 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. Thirty-fourth workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care, the work-related injury insurance fund will pay the life care fee on a monthly basis. Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively. Article 35 If an employee is identified as a first-class to fourth-class disability due to work, he/she will retain his/her labor relationship and quit his/her post, and enjoy the following benefits: (1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level, with the standards as follows: first-class disability for 27 months, second-class disability for 25 months, third-class disability for 23 months, and fourth-class disability for 2 1 month; (2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 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 standard, the industrial injury insurance fund will make up the difference; (3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance. Article 36. Workers who are disabled due to work and are identified as five or six levels of disability enjoy the following benefits: (1) A one-time disability subsidy is paid by the industrial injury insurance fund according to the disability level. The standard is: level 5 disability is my salary 18 months, and level 6 disability is my salary 16 months; (two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. (1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the disability level, with the standards as follows: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months. (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Thirty-eighth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 30, 32 and 33 of these Regulations.