If the work injury occurs, the unit compensates for "cutting corners". How can workers safeguard their legitimate rights and interests?

In May 2018, Chen Moumou joined a company to work in the driver's work. In July 2020, Chen Moumou was injured in a traffic accident in a traffic accident. Chen Moumou's injury was identified as a work injury by the Social Affairs Bureau. Chen Moumou applied for labor arbitration in 2021. The salary standards identified by the arbitration award were too low, and the arbitration award filed a lawsuit against the court.

Chen Moumou made a claim to the court:

1. Order the employment company to pay a disposable disability employment subsidy of 61216 yuan;

2. Order the employment company pays for the salary of the salary period of 22608 yuan;

3. Order the employer to pay Chen Moumou's one -time disability subsidy for 37368 yuan; ordered the employer to assist Chen Moumou to apply for a disposable medical subsidy to the work injury insurance institution, and pay the one -time work injury medical subsidy deposit 33216 Yuan.

The employment company argued:

1. Chen Moumou's injury does not constitute nine -level disability;

2. After Chen Moumou was injured, the company paid the basic salary of 4 months according to the standard of 2,000 yuan.

3. The company has purchased work injury insurance for Chen Moumou and should not give Chen Moumou for compensation.

Trial

The Lintong Court tried that employees had the right to treat medical treatment and economic compensation due to accident injuries or occupational diseases due to work. In this case, the plaintiff Chen Moumou's injury was determined to constitute a work injury. The work injury identification letter has already had legal effect, and the defendant's company shall bear the responsibility of work injury insurance. The plaintiff Chen Moumou's injury was a level nine disability, and he could enjoy the corresponding work injury insurance treatment according to law. Therefore, the employment company should assist Chen Moumou for the application for work injury insurance benefits. Article 64, paragraph 2 of the "Regulations on Work Injury Insurance" stipulates that "my salary referred to in these regulations refers to the average monthly payment of the average monthly payment of the employee of the work injury due to accident injuries or the first 12 months of occupational disease ..." In this case, in this case The average monthly payment salary of Chen Moumou's 12 months before the accident was 7652 yuan, so the court determined Chen Moumou's work injury insurance treatment at 7652 yuan/month.

About disposable disability employment subsidies

According to relevant regulations such as the "Work Injury Insurance Regulations" and "Hunan Province Implementation of the" Regulations on Injury Insurance> ", the standard for one -time disability employment subsidy is the salary of the nine -level disability to 8 months. Chen Moumou did not work in the company after exposing the medical injury medical period. The labor relationship between the two sides has actually terminated, which is in line with the situation of enjoying the disposable employment subsidy. Therefore, the employment company should pay Chen Moumou's one -time disability employment subsidy 61216 yuan (7652 × 8 = 61216 yuan).

Regarding the expensive treatment of stop work

According to Article 33, Article 33, Article 33 of the "Regulations on Work Injury Insurance": "Employees suffer from accident injuries or occupational diseases need to be suspended from work injury treatment due to work. The unit is paid on a monthly basis. "Chen Moumou's salary period after injury was 4 months, and the expected expected expenses of the stop work should be calculated at 7652 yuan/month. After paying a four -month -old salary period of 8,000 yuan, the claims that should no longer enjoy the non -factual basis and legal basis for the no longer enjoy the salary treatment. The court will not accept it. Therefore, the employment company should also make up for Chen Moumou's salary and retaining salary and expectation. The difference is 7652 × 4-8000 = 22608 yuan.

Regarding the difference between work injury insurance benefits

Article 37, paragraph 2 of the "Regulations on the Implementation of the" Work Injury Insurance "of Hunan Province:" After the employer participates in the work injury insurance, the insurance premiums are not paid in full in accordance with regulations, causing the employee work injury insurance benefits to the The difference. "In this case, the employment company paid the work injury insurance for Chen Moumou according to the monthly payment base of 3,500 yuan. The monthly difference should also be supplemented by 4152 yuan. Article 37, paragraph 1, paragraph 1, paragraph 1, paragraph 1, stipulates that the specific criterion for disposable disability subsidies is the salary of 9 months of 9 months. Article 26, paragraph 3 of the "Regulations on the Implementation of the" Injury Insurance Insurance "of Hunan Province stipulates that the specific standard of one -time work injury medical subsidy is the salary of the nine -level disability to 8 months. Therefore, the employment company should also pay Chen Moumou's one -time disability subsidy deposit of 37368 yuan (4152 × 9) and a one -time work injury medical subsidy amount 33216 yuan (4152 × 8).

Court decision

In accordance with the relevant provisions of the Labor Law of the People's Republic of China, "Regulations on Work Injury Insurance", "Measures for the Implementation of the

1. The employment company assists Chen Moumou to go through the application procedures such as disposable work injury medical subsidies;

2. The employment company pays Chen Moumou's one -time disability employment subsidy within 5 days from the date of effectiveness of this judgment, the expected difference of 2,2608 yuan, the disposable disability subsidy amount is 37368 yuan, a disposable work injury The difference in medical subsidy deposits is 33216 yuan. A total of 154 408 yuan.

Correlation

Article 64 of the "Regulations on Work Injury Insurance"

//

The salary referred to in these regulations refers to the average monthly payment of the average monthly monthly pay for the injured employee due to accident injuries or occupational disease. If my salary is higher than 300%of the average salary of employees in the overall area, it is calculated based on the average salary of employees in the coordinated area; if my salary is lower than the average salary of employees in the coordinated area, 60%of the average salary of employees in the overall regional region is calculated. "Regulations on Work Injury Insurance" Article 37

//

If the employee is disabled for disability, it is identified as a disability in level 7 to 10, and enjoy the following treatment:

(1) Pay the disposable disability subsidy from the disability level from the work injury insurance fund. The standard is: the salary of the seven -level disability is 13 months, the salary of the eight -level disability is 11 months For 9 months of my salary, the salary of 7 months of disability is 7 months;

(2) If the term of the labor and employment contract is terminated, or if the employee himself proposes to terminate the labor and hire contract, the work injury insurance fund shall pay a disposable work injury medical subsidy, and the employer shall pay the one -time disability employment subsidy. The specific criteria for disposable work injury medical subsidies and disposable disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities.

Article 33, Paragraph 1, Article 33

//

If an employee suffers from accidental injuries or needs to be suspended from work injury medical care, the original salary and benefits remain unchanged during the suspension of the salary and retention period, and the unit is paid monthly.

Article 26, Article 26, "Measures for Implementing the

//

The specific criterion for disposable work injury medical subsidies is: the salary of the seventh level of disability is 15 months, the salary of the eighth level of the 8th month is 10 months, and the salary of the 9th -level disability is 8 months. The salary of the disability is 6 months.

Editor's reminder:

After the employee suffered a working injury,

First go to the hospital for timely treatment,

Secondly, whether the enterprise has paid insurance for employees,

Employees have to go to work injury to determine,

Ensure the enjoyment of disability in the future.

If the unit does not give compensation,

Employees can go to labor arbitration,

Use legal weapons to protect your legitimate rights and interests.

- END -