[Direct answer]In the Beijing area, the wages during the period of work-related injury are paid according to the standard of wages during the period of suspension of work and retention of salary, and the original wages and benefits remain unchanged, which are paid by the employing unit on a monthly basis. According to Article 33 of the "Regulations on Work-Related Injury Insurance" (implemented on January 1, 2004, and amended on December 20, 2010), if a worker suffers an accident injury at work and needs to suspend work to receive work-related injury medical treatment, the original wages and benefits shall remain unchanged during the period of suspension of work and retention of salary, and shall be paid by the employing unit on a monthly basis. The period of suspension of work and retention of salary shall generally not exceed 12 months. If the injury is serious, it may be extended upon confirmation, but not exceeding 12 months. It is recommended to first apply for work-related injury identification, and then calculate the original wage standard. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

I. Problem background and typical scenarios

Disputes over wages during the period of work-related injury (wages during the period of suspension of work and retention of salary) are prevalent in the manufacturing, construction, and logistics industries. Typical situations include: the employer refusing to pay wages on the grounds that "no work, no pay"; paying wages at the minimum wage instead of the original wage; stopping payment after the expiration of the period of suspension of work and retention of salary but failing to conduct a labor capacity assessment; and delaying the declaration of the work-related injury after it occurs, which affects the calculation of benefits. Many workers mistakenly believe that they can only receive the base salary during the period of work-related injury, but in fact, according to the law, they should "retain their original wages and benefits". Accurately grasping the calculation criteria is directly related to the livelihood security during the treatment period. The determination of relevant benefits can be combined withBusiness and contract dispute services for enterprisesClarify the responsibilities for employing workers.

II. Key points of contention

There are three main points of contention. Firstly, the calculation base: the original salary and welfare benefits refer to the average salary (including bonuses and allowances) of the 12 months prior to the work-related injury, but employers often exclude the variable components to lower the standard. Secondly, the determination of the duration: the length of the suspension of work and payment of wages depends on the results of medical assessments and labor capacity appraisals. If the appraisals are not completed within the prescribed timeframe, disputes over the suspension of payments are likely to arise. Thirdly, the payer and the transition: if the employer has not purchased work-related injury insurance, the benefits must be fully borne by the employer; if the employer has purchased insurance, medical expenses and other costs are paid by the insurance fund, while the suspension of work and payment of wages remain the responsibility of the employer. For enforcement-related matters, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling work-related injury compensation cases, the most common dispute regarding the salary during the period of suspension of work and retention of wages is the "low base salary". Many employers use the basic salary or minimum wage as the base salary, excluding performance bonuses, position allowances, and overtime pay, resulting in a significant reduction in the actual income of workers; some even stop paying wages during the treatment period. Henglue Lawyers usually recommend: claiming the base salary based on the average actual salary (including all fixed remunerations) of the 12 months prior to the work-related injury; applying for labor capacity appraisal in a timely manner to determine the time limit; and, in the case of the employer's refusal to pay, first confirming the payment status of the work-related injury insurance before deciding whether to claim against the employer or the fund. In handling similar cases in the Beijing area, the interpretation of "the original salary and welfare benefits remain unchanged" tends to be stricter, and the average value including fixed allowances is more likely to gain support. It can be assisted bySpecial services and other case servicesCalculate the compensation package.

IV. Practical suggestions and legal basis

The legal basis is Article 33 of the "Regulations on Work-Related Injury Insurance" (implemented on January 1, 2004, and amended on December 20, 2010) (wages during the period of suspension of work and nursing care); and the provisions on work-related injury insurance benefits of the "Social Insurance Law of the People's Republic of China" (implemented on July 1, 2011). Practical suggestions: Apply for work-related injury identification and labor capacity assessment immediately after the occurrence of a work-related injury, and fix the evidence within a certain period; claim the base amount based on the average monthly wage in the 12 months prior to the work-related injury, and keep the pay slips and transaction records; if the employer fails to pay the insurance, claim the full amount from the employer and apply for arbitration; and apply for an order of enforcement against those who refuse to pay in a timely manner. For cases involving cross-year accounting, a smooth transition can be made.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

During the period of work-related injury, don't be misled by the argument that "no pay if not working". Firstly, complete the work-related injury identification and labor capacity assessment to determine the period of suspension of work and continued payment of wages. Secondly, calculate the compensation based on the average wage (including allowances and bonuses) of the previous 12 months, rather than the minimum wage. Thirdly, confirm whether the employer has participated in social insurance. If not, claim all benefits from the employer. Note to keep medical and wage-related evidence. The statute of limitations for arbitration is one year. In case of disputes over the calculation basis or refusal to pay, it is recommended to consult a professional lawyer as soon as possible to avoid losing rights during the low-income period. For calculation reference, please refer to the following link:Special services and other case-related services.

VI. Frequently Asked Questions

Q1: Can the claim for wages during the period of work-related injury leave with pay be successful?

The key to whether a claim for wages during the period of work-related injury leave with pay can be supported lies in the determination of the base amount and the supporting evidence. As long as the work-related injury has been identified and the employee is within the period of work-related injury leave with pay, if the employer refuses to pay or lowers the base amount, arbitration and courts usually support the claim that "the original wage and welfare benefits remain unchanged". However, if you fail to identify the work-related injury in a timely manner or are unable to prove the original wage level, you may only receive a low standard of compensation or have difficulty making a claim. It is recommended to first complete the identification and appraisal, and then claim based on the wage records. Do not easily believe in unrealistic promises of victory in litigation.

Q2: For wage disputes during the period of work-related injury, what evidence do I need to prepare?

The core evidence includes: the decision on the identification of work-related injuries, the conclusion of labor capacity assessment (determining the period of suspension of work and retention of salary), the pay slips and bank statements for the 12 months prior to the work-related injury (proving the original salary level), medical diagnoses and leave certificates, as well as the communication records of the employer's refusal to pay or reducing the base amount. The evidence should be organized around the "identified work-related injury - during the period of suspension of work and retention of salary - original salary standard". The employer's payroll records can be requested by the arbitration tribunal to be submitted, and those who refuse to provide them will bear the adverse consequences.

Q3: How much does it cost to claim compensation for the wages during the period of suspension of work due to work-related injuries?

Applications for work-related injury identification and labor arbitration are free of charge. For litigation, the litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the claim, and shall be borne by the losing party. Lawyer's fees vary depending on the complexity of the case and the amount of the claim, and are usually charged on a per-case or proportional basis, subject to the terms of the contract. There is no uniform standard. The amount of the work-related injury compensation is usually quite high, so it's worth claiming it promptly after evaluation to avoid giving it up due to cost concerns.

Q4: How long does it usually take to resolve wage disputes during a work-related injury period?

The determination of work-related injuries is generally made within 60 days, and the labor capacity appraisal is applied for after the injury condition stabilizes; the arbitration is concluded within 45 days, and the time limit can be extended by 15 days if the case is complex; and the first-instance ordinary procedure after suing takes six months. Overall, it usually takes several months from the determination to the benefits. It is recommended to report the work-related injury in time after it occurs to avoid the delay affecting the calculation of benefits; and if the employer refuses to pay after winning the lawsuit, apply for compulsory enforcement.

Q5: If the company doesn't pay my salary during the period of work-related injury, what should I do specifically?

Here are the four steps suggested: 1. After the accident, promptly report the case and apply for work-related injury recognition, and retain medical and diagnostic certificates. 2. Once the injury stabilizes, apply for labor capacity assessment to determine the period of suspension of work and continued payment of wages. 3. Calculate the compensation based on the average monthly salary in the 12 months prior to the injury, and request the employer to pay monthly in writing and keep the proof. 4. If the employer refuses to pay or reduces the compensation base, apply for arbitration within one year. For those not covered by insurance, claim full compensation from the employer and apply for enforcement. Throughout the process, keep all evidence and, if necessary, hire a lawyer to represent you.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.