Work injury issues, salary management

The original salary and welfare benefits of employees injured at work remain unchanged. The original salary and legal holidays are paid, and the statutory holiday wages are paid. However, if an employee injured at work does not attend work during the period of time off for treatment, the employer does not arrange work on statutory holidays, and there is no overtime pay.

Regulations on Work-related Injury Insurance

Article 33 If an employee is injured in an accident at work or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injury, during the period of suspension of work and salary retention, the original salary shall be Benefits remain unchanged and will be paid monthly by the employer.

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 may be appropriately extended upon confirmation by the districted municipal level 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. If an employee injured at work still needs treatment after the suspension of work and salary retention period expires, he or she will 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, the employer shall be responsible for it.

Henan Provincial Department of Human Resources and Social Security

"Opinions on Several Issues Concerning Work-related Injury Insurance"

14. Article 33 of the "Regulations on Work-related Injury Insurance" The "original wages and benefits" in the article should be understood as "the wages and benefits that employees should enjoy if they were working normally before being injured by an accident or suffering from an occupational disease (excluding wages for extended working hours)."

The First Civil Division of the Higher People's Court of Zhejiang Province

"Answers to Several Difficult Issues Concerning the Trial of Labor Dispute Cases (2012.12)"

16. "Work Injury Article 33 of the Insurance Regulations stipulates that what is the calculation standard for "original wages and welfare benefits remaining unchanged" during the period of suspension of work for employees injured at work?

During the period of suspension of work and salary retention, the original salary and welfare benefits of the injured employee will 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 injury or suffered from an occupational disease due to work, including Time wages or piece wages, bonuses, allowances and subsidies, etc., but do not include overtime wages.