Social security compensation standard for work-related injuries

Legal analysis: Article 33 of the Regulations on Work-related Injury Insurance stipulates that 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 employer will pay them 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. There are many employees who excuse not to go to work after work injury treatment, but the disability level is 1-4. Enterprises cannot terminate labor contracts with employees. If they quit their jobs and pay work-related injury insurance, the work-related injury fund will pay disability allowance. Level 5-6 reserves the labor relationship with the employer, and the employer arranges appropriate work. If it is difficult to arrange work, the employer shall issue a monthly disability allowance.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 3 If the employees of an employer who should participate in the overall planning of industrial injury insurance according to law suffer personal injuries due to an industrial accident, the employees or their close relatives shall bring a lawsuit to the people's court and request the employer to bear civil liability for compensation, and inform them to handle it in accordance with the provisions of the Regulations on Industrial Injury Insurance. The people's court should support the claim that the personal injury of workers was caused by a third party other than the employer.