Legal Subjectivity:

Calculation formula and legal basis of one-time work-related injury medical subsidy and disability employment subsidy (I) Concept of one-time work-related injury medical subsidy and disability employment subsidy refers to that the work-related injury medical subsidy and disability employment subsidy are identified as five or six levels of disability due to work-related, and the labor relationship with the employer is terminated or terminated upon the employee's own proposal. And the amount of work-related injury medical expenses and disability employment subsidies paid by the employer in one lump sum if the work-related injury employee is identified as a disability of seven to ten, the labor contract expires, or the employee himself proposes to terminate the labor contract. The contact of labor relations makes the disabled workers lose an important source of income, which is mainly caused by industrial accidents, so it is natural to give some compensation. (II) Formula for calculating the compensation amount of one-time work-related injury medical subsidy and disability employment subsidy Article 34, paragraph 2 of the Regulations on Work-related Injury Insurance stipulates: "The employer shall pay one-time work-related injury medical subsidy 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. (III) Provisions of relevant laws and judicial interpretations on one-time medical subsidies for work-related injuries and disability employment subsidies are objective in law:

Regulations on Work-related Injury Insurance Article 35 If an employee is identified as a first-class to fourth-class disability due to work-related disability, he/she will retain his/her labor relationship and quit his/her post, and 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: the first-class disability is 27 months' salary, and the second-class disability is (2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standards are: 9% of my salary for first-class disability, 85% for second-class disability, 8% for third-class disability and 75% for fourth-class disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference. (3) After the injured workers reach retirement age and go through retirement procedures, they will stop issuing disability allowance and enjoy the basic old-age insurance benefits in accordance with state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. Workers who are disabled due to work are identified as one to four levels of disability, and the basic medical insurance premium is paid by the employer and individual employees based on disability allowance.