Consultation Record - Answered on 2022-12-23
What is the compensation for workplace infection of new crowns
Parents, I am very pleased to answer your question, what is the compensation for workplace infection of new crowns, parents, due to work infection of the epidemic the company has compensation.
The company has compensation for infecting the epidemic due to work, according to the provisions of the "Notice on the protection of health care and related staff infected with new coronavirus pneumonia due to the performance of their work duties", in the prevention and treatment of new coronavirus pneumonia, the health care and related staff due to the performance of their work duties, infected with new coronavirus pneumonia or died due to the infection of new coronavirus pneumonia, should be recognized as shall be recognized as work-related injuries and shall be entitled to work-related injury insurance benefits in accordance with the law.
Confirmed as a new type of pneumonia according to the local government's sick pay sick leave relief. According to the "on the implementation of a number of issues on the implementation of the opinion" article 59, the employee sick or non-work-related injuries during treatment, in the stipulated medical period by the enterprise in accordance with the relevant provisions of the sick pay or sick relief, sick pay or sick relief can be lower than the local minimum wage standard payment, but can not be less than 80% of the minimum wage standard. For patients with pneumonia infected by the new coronavirus, suspected patients, and close contacts during their isolation for treatment or medical observation, as well as for employees of an enterprise who are unable to provide normal labor as a result of the government's imposition of isolation measures or the adoption of other emergency measures, the enterprise shall pay the employee for his or her work during that period, and may not terminate his or her employment contract with him or her pursuant to Articles 40 and 41 of the Employment Contract Law. If the labor contract expires during this period, it shall be extended until the expiration of the employee's medical treatment period, the expiration of the medical observation period, the expiration of the quarantine period, or the end of the emergency measures taken by the government, respectively. B. How to calculate the compensation for the illegal dismissal of the company due to the diagnosis of pneumonia? Economic compensation is paid to the laborer according to the number of years the laborer has worked in the organization and one month's salary is paid for each full year. If more than six months is less than one year, the compensation is calculated according to one year; if less than six months is less than six months, the economic compensation is paid to the laborer at half a month's salary. If the worker's monthly wage is more than three times the average monthly wage of the workers in the region for the previous year as announced by the people's government of the municipality directly under the central government or of the city that has a district, the standard of economic compensation paid to the worker shall be the amount of three times the average monthly wage of the workers, and the maximum number of years for which economic compensation shall be paid to the worker shall be no more than twelve years. The monthly wage referred to in this article refers to the average wage of the worker in the twelve months prior to the dissolution or termination of the labor contract. In fact, compared to this issue of paying wages to diagnosed workers, the most important thing for the company is that, if there is already a diagnosed case of on-the-job workers, it is necessary to actively check the health of other workers, because once there is a congregate pneumonia infection, the employer's main responsibility is to bear the legal responsibility.
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How to compensate for the infection of the new crown during the work period
Su Junshi
Lawyer
Responding in time
Good day, during the work period because of the work causes the infection of the new crown in the workplace, you can claim compensation for the workplace injury.
2022-04-19
Services 1196
How to compensate for the infection of new crowns during the work period
Zhi Hui Legal Counsel
Legal Counsel
Legal Elites
Good day to you. The Ministry of Human Resources and Social Security and other three ministries and commissions issued the "Notice on the Protection Issues Related to Healthcare and Related Staff Infected with New Coronavirus Pneumonia as a Result of Performing Their Job Duties" (Ministry of Human Resources and Social Security Letter [2020] No. 11), which clarifies that "in the prevention and treatment of new coronavirus pneumonia, healthcare and related staff who, as a result of performing their job duties, are infected with new coronavirus pneumonia or die as a result of the infection of If the new coronavirus pneumonia dies, it shall be recognized as a work-related injury and enjoy work-related injury insurance treatment according to the law". People's Daily accordingly in its public answer, that all workers at work infected with the new coronavirus pneumonia are work-related injuries, ignoring the Ministry of Human Resources and Social Security issued a document "prevention and treatment of the work" and other qualifying conditions, is a misinterpretation of the policy.
2022-11-30
The number of people served 2049
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How to compensate for the infection of the new crown during work
Kerin Legal Counsel Online
Legal Counsel
Legal Elites
Parent Hello, the employee went to work and contracted the new crown of pneumonia, and the employer may still be responsible for the compensation
2022-11-30
Number of people served 984
How to compensate for infection of new crown during the work period
Ah Qin talk about the law
Legal
Active Star
Parent, I am very pleased to answer your question about the compensation for the infection of new crown during the work period is the compensation for the infection of new crown during the work period is compensated for according to the work injury. Work injury nursing fee payment, before the determination of disability by the unit in accordance with the actual expenditure of responsibility, the specific standards with reference to the "Supreme People's Court on the trial of personal injury compensation cases on the application of law on a number of issues of the interpretation" of the relevant provisions of the relevant provisions, that is, the caregiver has an income, with reference to the provisions of the calculation of the lost wages; caregivers do not have an income or hire a caregiver, with reference to the local caregiver to engage in the same level of care of the standard of remuneration for the services of labor Calculation. After the disability is determined and the Labor Capacity Appraisal Committee confirms the need for nursing care, the monthly nursing care fee will be paid from the Labor Injury Insurance Fund. The living nursing fee is paid according to three different levels: completely unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself, and the standard is 50%, 40%, or 30% of the average monthly salary of the employees in the previous year in the coordinated area respectively.
2022-12-01
The number of services 2098
How to compensate for the infection of new crowns during the work period
Sen Sen Sen Legal Counsel
Legal Counsel
Legal Elites
Specific standards with reference to the "Interpretation by the Supreme People's Court of the application of laws in the trial of cases of compensation for personal injury After the disability is determined and the Labor Capacity Appraisal Committee confirms the need for nursing care, the monthly nursing care fee will be paid from the Labor Injury Insurance Fund. The living nursing fee is paid according to three different grades: completely unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself, and the standard is 50%, 40%, or 30% of the average monthly salary of the employees in the previous year in the coordinated area respectively.
2022-12-02
Number of people served 1432
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