After a worker is disabled due to an industrial accident, the labor contract relationship can be dissolved or terminated according to law. Considering the impact of subsequent medical treatment, employment and disability on the production, labor and daily life of disabled workers, these impacts are mainly caused by industrial accidents, so compensation should be given to a certain extent, including one-time medical subsidies for industrial injuries.

Regulations on Work-related Injury Insurance

Article 36 Employees who are disabled due to work-related injuries and are identified as level 5 or level 6 shall enjoy the following benefits:

(1) Pay a one-time disability subsidy from the work-related injury insurance fund according to the disability level, with the standards as follows: level 5 disability is my salary for 18 months, and level 6 disability is my salary for 16 months;

(2) retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: 7% of my salary for level 5 disability and 6% of my salary for level 6 disability, and the employer will pay the social insurance premiums that should be paid for it 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 can dissolve or terminate the labor relationship with the employer, and the one-time medical subsidy for work-related injuries will be paid by the work-related injury insurance fund, and the one-time disability employment subsidy will be paid by the employer. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall stipulate the specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies.

Article 37 Employees who are identified as being disabled at level 7 to level 1 due to work-related disability shall enjoy the following benefits:

(1) Pay a one-time disability subsidy from the industrial injury insurance fund according to the disability level, with the standards as follows: level 7 disability is 13 months, level 8 disability is 11 months, level 9 disability is 9 months, and level 1 disability is 7 months;

(2) If the labor or employment contract expires, or the employee himself proposes to terminate the labor or employment contract, the industrial injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy. The specific standards of one-time medical subsidy for work-related injuries and one-time disability employment subsidy shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

reference content of one-time work-related injury medical subsidy: /link? Url = q _ t-xa _ zvfc2p _ rsiya4bd _ 4ls6hripqqivyi4jyB4 OOliw5ytcelvihfyryseg67 _ z2efkn4zr7shf8ndy3 _

Paragraph 2 of Article 34 of the Regulations on Industrial Injury Insurance stipulates: "The employer shall pay the one-time medical subsidy for industrial injury and disability employment subsidy. The specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. " According to the above provisions, there is no national standard for calculating the compensation amount of one-time work-related injury medical subsidy and disability employment subsidy, and it must be implemented with reference to the specific provisions of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government. In the absence of regulations in various regions, we can refer to the provisions on one-time compensation in the Measures for One-time Compensation for Casualties in Illegal Employment Units.

Formula

One-time work-related injury medical subsidy and disability employment subsidy = compensation base × number of months

The compensation base is: the average monthly salary of employees in this city in the previous year.

level 1-4

Because disabled employees from level 1-4 have to keep their labor relations, quit their jobs and enjoy disability allowance, there is no one-time medical subsidy for work-related injuries and disability employment subsidy.

legal basis: article 33 of the regulations on industrial injury insurance (reference should also be made to relevant local regulations).

Level 5 to Level 6

Level 5 lasts 35 months and Level 6 lasts 3 months.

one of the conditions: ① the employee and the employer dissolve or terminate the labor relationship upon the employee's own request.

② the employer terminates the labor relationship according to items (2), (3) and (4) of Article 25 of the Labor Law.

③ the employer is bankrupt or dissolved according to law.

payment responsibility: the unit where the injured employee works.

legal basis: article 34, paragraph 2 of the regulations on industrial injury insurance (reference should also be made to relevant local regulations).

Grade 7 to Grade 1

Grade 7 is 2 months, Grade 8 is 15 months, Grade 9 is 1 months, and Grade 1 is 5 months.

one of the conditions: ① the labor contract expires; (2) the injured worker himself proposes to terminate the labor contract; (3) The employer terminates the labor relationship according to the provisions of Item (2), (3) and (4) of Article 25 of the Labor Law; (4) The employer is bankrupt or dissolved according to law.

payment responsibility: the unit where the injured employee works.

legal basis: article 35 of the regulations on industrial injury insurance (reference should also be made to relevant local regulations).

workers who are injured at work are more than 5 years away from the statutory retirement age (including 5 years), and they shall pay the full one-time medical subsidy for work-related injuries and disability employment subsidy. Workers with work-related injuries who have reached retirement age or gone through retirement formalities for less than 5 years shall not enjoy one-time medical subsidies for work-related injuries and disability employment subsidies.

disability employment subsidy for more details: /link? url=uWxulkPIyJBGvksoh82_b5zs-JEKlmPOB87w_CZk7ktzk