Hello, gold medal lawyer of Xinjiang Yili industrial injury compensation! I would like to ask about the average wage of work-related injury compensation 12 months.

My salary is calculated according to the average monthly payment salary of 12 months before the accident.

According to Article 64 of the Regulations on Work-related Injury Insurance, the calculation of one-time disability allowance refers to the calculation of the average payment salary of the injured workers in the previous 12 months due to work-related injuries or occupational diseases.

Payment of wages refers to the wages paid by employees with work-related injuries to pay social insurance premiums. Employees who participate in work-related injury insurance do not pay their own fees, and the employer shall pay them according to the approved rate applicable to the total wages of all employees.

The total wages of all employees refers to the sum of wages paid by all employees of this unit. According to the Regulations on the Composition of Total Wages issued by the National Bureau of Statistics, employees' wages include hourly wages, piecework wages, various allowances and subsidies, overtime wages, various bonuses and wages paid under special circumstances. If the total wages of employees are lower than 60% of the average wages of employees in this province, municipality directly under the central government and autonomous region in the previous year, the wages shall be paid according to 60% of the average wages of employees in this province, municipality directly under the central government and autonomous region in the previous year; If it is 300% higher than the average wage of the province, municipality directly under the central government and autonomous region in the previous year, the payment wage shall be approved according to the average wage of the province, municipality directly under the central government and autonomous region in the previous year.

If the employer pays the work-related injury insurance premium according to law, except for 300% higher than the average wage of employees in the previous year in the province and city where it is located, the payment wage of employees shall be consistent with their actual wages and not lower than 60% of the average wage of employees in the previous year in the province and city where it is located. However, in practice, some employers underreport their employees' wages in order to pay less, which leads to the one-time disability subsidy paid by the industrial injury insurance fund to be lower than the amount that employees should enjoy. Laborers can ask the employer to make up the difference through labor dispute arbitration.

Regulations on industrial injury insurance

Article 64 The term "total wages" as mentioned in these Regulations refers to the total labor remuneration paid directly by the employer to all employees of the unit.

The term "my salary" as mentioned in these Regulations refers to the average monthly payment salary of the injured workers 12 months before they suffer from accidents or occupational diseases. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.