1. If the employee has worked in this unit for 12 months before the work-related injury, the original salary standard shall be calculated according to the monthly average salary of 12 months before the work-related injury;

2. If the employee has been working in this unit for less than 12 months before the work-related injury, the original salary standard shall be calculated according to the actual monthly average salary before the work-related injury;

3. If the work before the work injury is less than 1 month, the original salary standard shall be calculated according to the monthly salary agreed in the contract. If the original salary amount is not agreed upon or cannot be determined, the original salary standard shall be calculated according to not less than 60% of the average monthly salary of employees in this Municipality in the previous year.

If the employer pays work-related injury insurance premiums for employees, and the declared base of payment wages is lower than their actual wages, and there is a difference between the treatment of work-related injuries paid by the work-related injury insurance fund and the treatment calculated according to the actual wages of employees, the employer shall make up for the loss of the legitimate rights and interests of workers with work-related injuries.

First, the identification criteria for work-related injuries are:

1, injured by accidents due to work during working hours and workplaces;

2, before and after working hours, engaged in work-related preparation or finishing work in the workplace was accidentally injured;

3. Being injured by violence and other accidents during working hours and workplaces due to the performance of duties.

Two, the standard of compensation for work-related injuries is:

1, according to the level of disability compensation. The first-class disability allowance is my salary ×27 months; The secondary subsidy is my salary ×25 months; The third-level subsidy is my salary ×23 months; The four-level subsidy is my salary ×2 1 month and so on;

2. Pay the living care fee according to the degree of self-care disorder, which is generally 30%, 40% or 50% of the average monthly salary of local employees in the previous year;

3. Funeral subsidies shall be paid in accordance with the local average monthly salary of employees in the previous year for six months;

Legal basis:

Regulations on industrial injury insurance

Thirtieth employees who suffer from accidents or occupational diseases at work shall enjoy medical treatment for work-related injuries. Workers with work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid. If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments. Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses required for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area. Workers with work-related injuries who treat diseases caused by non-work-related injuries do not enjoy medical treatment for work-related injuries, and are treated according to the basic medical insurance method. The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements.

Thirty-first administrative reconsideration or administrative litigation occurs after the social insurance administrative department makes a decision to identify work-related injuries, and during the administrative reconsideration and administrative litigation, the medical expenses for treating work-related injuries will not stop paying.