Does the Social Security Bureau pay compensation for work-related injuries according to the actual salary or the base paid by the company?

Legal analysis: industrial injury insurance benefits are usually calculated according to the average of the actual salary income of the injured person before injury 12 months or according to the average monthly salary of local employees in the injured area in the previous year.

The industrial injury insurance fund shall be compensated according to the paid industrial injury insurance fund, and the difference shall be made up by the employer.

If the social security is not paid, the employee's compensation for work-related injuries shall be borne by the employer. It is suggested to apply for work-related injury identification according to the process first, and the compensation amount can be finally determined after the appraisal level. 1. Applying to the Human Resources and Social Security Bureau (the former Labor Bureau) for work-related injury identification requires the company 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 Human Resources and Social Security 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. There are many procedures for safeguarding rights at work. If you are not familiar with them, you'd better entrust a lawyer to represent you.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 12 The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund.

Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.

Twenty-third employees should participate in the basic medical insurance for employees, and the employer and employees should jointly pay the basic medical insurance premiums in accordance with state regulations.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.

Article 35 The employing unit shall pay the work-related injury insurance premium according to the total wages of employees and the rate determined by the social insurance agency.

Article 44 Employees shall participate in unemployment insurance, and employers and employees shall jointly pay unemployment insurance premiums in accordance with state regulations.

Fifty-third employees should participate in maternity insurance, the employer should pay maternity insurance premiums in accordance with state regulations, and employees do not pay maternity insurance premiums.