Legal basis: Article 35 of the Regulations on Industrial Injury Insurance. If an employee is identified as a first-class or fourth-class disability due to work, he/she will retain his/her labor relations and quit his/her post, and enjoy the following benefits:
(1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability.
(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, the difference will be made up by the industrial injury insurance fund.
(3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability benefits and enjoy basic old-age insurance benefits in accordance with state regulations. If the basic old-age insurance benefits are lower than the disability benefits, the industrial injury insurance fund will make up the difference.
If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.
Thirty-sixth workers who are disabled due to work are identified as five or six disabled, and enjoy the following benefits:
(1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level. The standard is: my salary is level 5 disability 18 months, level 6 disability 16 months;
(two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-seventh workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following benefits:
(1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.