If an injured employee recovers and resigns, does the company need to compensate for the expenses?

Does the employer need compensation for resigning after a work injury? If the employee is injured due to work-related reasons, the employer will generally compensate the employee.

1. Does the resigning unit need compensation after a work-related injury?

As long as the fact that the employee suffers an accidental injury due to work occurs during the existence of the employment relationship, then except for the one-time disability employment subsidy, the one-time disability medical subsidy, and the salary and benefits during the suspension period, there is no necessary connection between the employee's other work-related injury compensation items and the resignation after the work-related injury, and the employee's resignation will not have any substantial impact on the employee's work-related injury treatment.

However, if the injured employee requests to terminate the employment relationship with the employer due to personal reasons during the work-related injury claim period, the lawyer suggests that the employee should file a complaint at the end of the suspension period, so that he can normally enjoy the wages and benefits of the work-related injury suspension period prescribed by law.

If the injured employee is disabled and needs to resign after determining the level of disability in the working capacity, then the work-related injury insurance** shall be based on the average monthly wage of the on-the-job employee in the previous year in the locality, and the one-time disability medical subsidy shall be paid to the injured employee according to the number of months specified in the local area, and the employer shall also pay the work-injured employee a one-time disability employment subsidy based on the average monthly wage of the on-the-job employee in the previous year in the locality, according to the number of months prescribed by the locality, if the employer fails to pay the work-related injury insurance in accordance with the law, Then the employer shall pay all the two compensation to the employee when the employee leaves the company.

Legal basis: Article 36 of the Regulations on Work-related Injury Insurance.

Employees who are identified as Grade 5 or Grade 6 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;

2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.

If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

If the company has purchased work-related injury insurance for the employee, then the company will compensate the relevant expenses in accordance with the relevant regulations of the work-related injury insurance, and the other expenses will be compensated by the work-related injury insurance in accordance with the relevant regulations.

If the injured employee leaves the company, the company will settle the compensation in a lump sum.

There are two situations of resignation: one is that both parties voluntarily leave the company after the expiration of the employment contract, and the company will no longer compensate the expenses after the company settles the employee's salary and other expenses, and pays the pension insurance and other premiums to its expiration date. Second, if the employment contract signed by the two parties has not expired and the employee leaves early, the two parties will negotiate and settle it, and under normal circumstances, the company will not compensate the employee for any further expenses.

If the employee's work-related injury resignation is a voluntary resignation, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy; If the contract is terminated under the prescribed circumstances, the employer shall pay the employee economic compensation. Such as failure to pay social security, arrears of wages, or failure to provide labor protection conditions, etc. 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.

Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

1. How to deal with the failure to cooperate with the determination of work-related injuries after resignation?

The employee can first apply for a work-related injury determination, and then request compensation from the employer after the determination, and if not, then directly initiate labor arbitration.

1. Individuals can apply for labor ability appraisal (work-related injury disability level appraisal).

2. 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 be appraised for his or her ability to work.

3. Employees injured at work need to apply for labor ability appraisal to identify the level of work-related injury after the injury is stable. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).

4. To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

The company's compensation standards during the recovery period of employees' work-related injuries are as follows: 1. Employees should retain the position and salary of employees during the recovery period of work-related injuries; 2. The salary during the work-related injury period shall be based on the average salary level of the injured person in the previous year, and the payment time shall not exceed 12 months.

1. How to compensate the company during the recovery period of the employee's work-related injury.

1. The company's compensation standards during the recovery period of employees' work-related injuries are as follows:

1) Employees should retain their positions and wages during the recovery period from work-related injuries;

2. The salary during the work-related injury period shall be based on the average salary level of the injured person in the previous year, and the payment time shall not exceed 12 months.

2. Legal basis: Article 33 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or suffers from an occupational disease due to 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 with pay, 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 of the city divided into districts, 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.

2. What is the specific process of handling employees' work-related injuries?

The procedures for handling work-related injuries are as follows:

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the unit shall declare within one month of the accident, and if the unit does not apply, the injured employee or close relatives shall submit an application for recognition within one year;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;

3. According to different disability levels, the compensation obtained is different.

During the period of recovery from work-related injuries, employees should retain the employee's position and salary, that is, retain their wages and salaries. Generally speaking, the salary during the work-related injury period is based on the average salary level of the injured person in the previous year, and the payment period is not more than 12 months.

legal basis; Article 33 of the Regulations on Work-related Injury Insurance Article 33 If a person who goes abroad or leaves the country has a labor relationship in China and participates in work-related injury insurance, and is injured, disabled or dies abroad, the relevant party outside the country shall bear the liability for compensation for the injury, and the relevant unit in China shall claim compensation from the foreign party. The compensation paid by the foreign party shall belong to the parties concerned or their relatives, but the expenses advanced by the relevant units shall be reimbursed.

For those who have obtained compensation for overseas injuries, the one-time work-related death subsidy or one-time disability subsidy of the domestic work-related injury insurance shall not be paid, and the relevant units or domestic work-related injury insurance agencies may issue their benefits in accordance with these measures.

If the compensation for overseas injuries is lower than the one-time work-related death subsidy or one-time disability subsidy of the domestic work-related injury insurance, the relevant unit or the domestic work-related injury insurance agency shall make up the difference.

If the person who goes abroad or leaves the country shall be liable for injury compensation by us, it shall be implemented in accordance with these measures.

Units participating in domestic work-related injury insurance that dispatch labor services abroad or contract projects in foreign countries shall go to the Ministry of Labor to apply for relevant certificates.

After leaving the job, you can still claim work-related injury compensation, and if you are injured or disabled, you can apply for a one-time disability subsidy, a one-time disability employment subsidy, and a one-time work-related injury medical subsidy, of which the former subsidy can be claimed and paid during the existence of the labor relationship, and the latter two compensation can be paid after the termination or dissolution of the labor contract. If a dispute arises in the application for compensation, it can be resolved in the following ways: (1) Application for administrative reconsideration According to the relevant provisions, the employee or his immediate family members who apply for the determination of work-related injury or the unit to which the employee belongs are not satisfied with the conclusion of the work-related injury determination; If an injured employee or his immediate family member has any objection to the work-related injury insurance benefits approved by the handling agency, he or she may apply for administrative reconsideration in accordance with the law.

2) Initiating an administrative lawsuit If the employee applying for a work-related injury determination or his or her immediate family members or the employee's unit is not satisfied with the work-related injury determination conclusion, and the injured employee or his immediate family members have objections to the work-related injury insurance benefits approved by the handling agency, they may also directly file an administrative lawsuit in accordance with the law. (3) Application for mediation, arbitration or civil litigation or negotiation to settle disputes between employees and employers over work-related injury benefits shall be handled in accordance with the relevant provisions on handling labor disputes. According to Article 77 of the Labor Law, in the event of a labor dispute between an employer and an employee, the parties concerned may apply for dissolution, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

Legal basis: Article 36 of the Social Insurance Law provides that an employee who is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Labor Contract Law of the People's Republic of China

Article 48.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it;

If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Labor Contract Law of the People's Republic of China

Article 87.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.