Can workers be driven away in workers compensation?

Depending on the situation, there are different regulations for work-related injuries to be determined as disabled from grade 1 to 10. Article 35 of the Regulations on Work-related Injury Insurance stipulates that if an employee is identified as having a first-to-fourth-grade disability due to work-related disability, he or she shall retain the employment relationship and withdraw from the job. In this case, the worker cannot be dismissed.

If an employee is identified as a Grade 5 or Grade 6 disability due to work-related disability, both parties may terminate the labor relationship, but the company will pay additional fees. Article 1: At the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment subsidy for disability.

The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

1) The medical expenses shall be paid in full by the employer;

2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;

3) The unit is responsible for the need for nursing care during the suspension period;

4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

5) If the person is disabled at grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the contract is terminated for grade 5-10 disability) and one-time disability employment subsidy (received after the contract is terminated for grade 5-10 disability).

2.If the employer terminates the labor contract, it may also require the employer to pay severance for the termination of the contract in accordance with Article 47 of the Labor Contract Law. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Summary. Dear dear, I am glad to answer the question of work-related injury compensation for migrant workers, for work-related injuries employees should be entitled to work-related injury medical treatment, suspension of work and salary treatment, resulting in disability, should be entitled to a one-time disability subsidy, disability allowance, one-time work-related injury medical subsidy, one-time disability employment subsidy, living care expenses, disability assistive devices fees, etc. Depending on the degree of disability, the standard and amount of compensation received by injured workers are different.

If the death is caused, a one-time work-related death allowance, funeral allowance and pension for dependent relatives shall be enjoyed. Appraisal fees, transportation expenses, and nutrition expenses shall be borne by the employer according to the specific actual situation.

Dear dear, I am glad to answer the question of work-related injury compensation for migrant workers, for work-related injuries employees should be entitled to work-related injury medical treatment, suspension of work and salary treatment, resulting in disability, should be entitled to a one-time disability subsidy, disability allowance, one-time work-related injury medical subsidy, one-time disability employment subsidy, living care expenses, disability assistive devices fees, etc. Depending on the degree of disability, the standard and amount of compensation received by injured workers are different. If the death is caused, a one-time work-related death allowance, funeral allowance and pension for dependent relatives shall be enjoyed.

Appraisal fees, transportation expenses, and nutrition expenses shall be borne by the employer according to the specific actual situation.

First, go to a medical facility**. Employees injured at work can enjoy medical treatment for work-related injuries in accordance with regulations, but they should go to the medical institution that has signed the service agreement for medical treatment, and the medical expenses shall be paid in advance by the employer, and in case of emergency, they can first go to the nearest medical institution for first aid, and then transfer to the medical institution that has signed the service agreement after the condition is stabilized**. Second, apply for recognition of work-related injuries.

The application for recognition may be submitted by the employer, the injured employee, his or her immediate family members, or the trade union organization. The administrative department for labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application, and notify the applicant and the employer in writing. If the employee is unable to provide documentary evidence of the existence of an employment relationship, resulting in the inability to make a determination of work-related injury, the work-related injury determination procedure shall be suspended, and the employee shall apply to the labor arbitration commission for labor arbitration to confirm the existence of an employment relationship with the employer.

After the labor relationship is confirmed through legal procedures, the work-related injury determination procedure will be resumed. Third, apply for appraisal of labor capacity. After the work-related injury is determined, if there is a disability that affects the ability to work, the injured employee shall also be evaluated for his or her ability to work.

Fourth, review and issue work-related injury benefits. The Regulations on Work-related Injury Insurance stipulate that employees injured at work shall be entitled to medical treatment for work-related injuries and leave of absence with pay, and if they are disabled, they shall be entitled to a one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, living care expenses, and disability assistive devices. Depending on the degree of disability, the standard and amount of compensation received by injured workers are different.

If the death is caused, a one-time work-related death allowance, funeral allowance and pension for dependent relatives shall be enjoyed. Appraisal fees, transportation expenses, and nutrition expenses shall be borne by the employer according to the specific actual situation.

Summary. Hello dear, glad to answer for you! The work-related injury standards for migrant workers are as follows:

Lost time pay is determined based on the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim has no regular income, the calculation is based on his average income in the last three years, and where the victim cannot provide evidence to prove his average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

Hello dear, glad to answer for you! The work-related injury standards for migrant workers are as follows: Lost time pay is determined according to the victim's lost time and income status.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

Where the victim has no regular income, the calculation is based on his average income in the last three years, and where the victim cannot provide evidence to prove his average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Whether or not an injured employee can be compensated for resigning depends on the reason for the resignation.

If the employee resigns due to any of the following circumstances, the employer shall pay economic compensation to the employee:

1. The employer fails to provide labor protection or working conditions in accordance with the labor contract;

2. The employer fails to pay labor remuneration in full and in a timely manner;

3. The employer fails to pay social insurance premiums for the employee in accordance with the law;

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5. The employer uses fraud, coercion or taking advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intentions, resulting in the invalidity of the labor contract;

6. The employer compels the laborer to work by means of violence, threat, or illegal restriction of personal freedom;

7. The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of workers.

Labor Contract Law of the People's Republic of China

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 40 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Employees who are injured in the workplace are compensated after resigning. If an employee suffers a work-related injury, and the injury is relatively stable after **, but there is a disability that affects the ability to work, the labor ability appraisal shall be carried out to obtain the corresponding compensation. The main compensation of work-related injury insurance benefits is medical expenses, one-time disability allowance, one-time employment allowance, one-time medical subsidy, wages for the period of suspension of work, food allowance, nursing expenses, transportation expenses, etc.

1. The compensation for work-related injuries in the factory is as follows:

1. Medical expenses and expenses for work-related injuries;

2. Hospitalization meal subsidy;

3. Transportation and accommodation expenses for medical treatment outside the overall planning area;

4. The cost of installing and configuring assistive devices for the disabled;

5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6. One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4;

7. One-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

8. If he dies on the job, the funeral subsidy, the pension for dependent relatives and the subsidy for the death due to work received by the will;

9. Labor ability appraisal fee. Such as towns.

2. The criteria for the identification of work-related injuries are as follows:

1. There are ten grades, from level 1 to grade 10, the degree of work-related injury is gradually reduced, the highest is level 1, the lowest is level 10;

2. Between level 7 and level 10, it is the loss of part of the ability to work;

3. Grades 5 to 6 are the loss of most of their working ability.

Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of these Regulations during this period.

Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct an appraisal of his or her ability to work.