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案例李某于2012年1月应聘到某机械加工厂工作,双方约定工资标准为2100元。2012年3月,李某在工作中受伤,经当地劳动保障行政部门认定为工伤。由于该机械加工厂未参加工伤保险,李某将机械加工厂诉至当地劳动争议仲裁委员会。在劳动争议处理过程中,双方就赔偿基数发生争议。李某认为,虽然其月工资标准为2100元,但当地工伤保险的缴费工资标准为每月2500元,依照工伤保险的相关规定,应当按照月缴费工资2500元计算赔偿。
Case Lee in January 2012 to apply for a mechanical processing plant, the two sides agreed that the wage standard of 2,100 yuan. In March 2012, Lee was injured at work and was identified as a work-related injury by the local labor and social security administrative department. Because the mechanical processing plant did not participate in work injury insurance, Lee sued the mechanical processing plant to the local Labor Dispute Arbitration Commission. In the process of labor dispute settlement, both parties contested the compensation base. Lee believes that although the monthly salary of 2,100 yuan, but the local work-related injury insurance pay a monthly wage of 2,500 yuan, according to the relevant provisions of work-related injury insurance, should be paid in accordance with the monthly wage of 2,500 yuan compensation.