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If you continue to work in the factory after a work-related injury, you can also enjoy a one-time medical subsidy and employment subsidy, and a one-time medical subsidy and employment subsidy for work-related injuries, which are the old injuries and compensation for re-employment due to disability when the work-related injury employees who are identified as grade 5 to 10 are dissolved or terminated when the labor relationship is terminated or terminated by the unit where the accident injury is located. No payment will be made during the period of maintaining an employment relationship with the employer.
Legal analysisIf an employee has a disability of grade 5 to 10 and continues to perform the labor contract, and works in the factory, he or she cannot receive a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability. However, it can be obtained when the labor contract is dissolved or terminated. If an employee is disabled due to work-related disability of grade 7-10, he or she can choose whether to terminate the labor contract and the work-related injury insurance** will pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy, without the consent of the employer.
Therefore, a lump sum disability benefit can be applied at the same time as a lump sum employment benefit. According to the provisions of China's work-related injury insurance regulations, if the work-related injury has been on the job, there is no time limit for the one-time work-related injury medical subsidy and the one-time disability employment subsidy. According to the regulations, the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be paid by the work-related injury insurance and the employer shall pay the one-time disability employment subsidy if the labor or employment contract is terminated upon expiration of the labor or employment contract, or if the employee himself or herself proposes to terminate the labor or employment contract.
If the labor or employment contract is terminated upon expiration, or if the employee himself or herself proposes to terminate the labor or employment contract, the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability shall be applied for as soon as possible, and it is recommended that the arbitration period shall not exceed one year at most.
Legal basisRegulations on Work-related Injury Insurance Article 37 If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits: (1) a one-time disability subsidy shall be paid from the work-related injury insurance according to the level of disability, and the standard shall be: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, 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.
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No, the lump sum Medicaid and the lump sum Disability Employment Grant are paid only after leaving the company. You didn't leave your job, so you don't enjoy it. When you leave your job, you can apply for payment.
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Medical care is available, but employment is gone.
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If you work until retirement, you will enjoy retirement benefits after retirement, and you do not need to enjoy one-time medical subsidy for work-related injuries and disability employment subsidies.
The one-time medical subsidy for work-related injuries is a compensation for the inability to enjoy the corresponding medical expenses after the termination of the employment contract, and the disability employment subsidy is a compensation for the reduction of your employability due to disability after the termination of the employment contract. If you have been in this unit, you can always enjoy the medical expenses caused by work-related injuries (if you have been identified for too long), even after retirement, you can enjoy the one-time work-related injury medical subsidy, you have been working in the unit, there is no problem of re-employment, and the disability employment subsidy does not need to be enjoyed.
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Employees who have suffered work-related injuries receive a one-time work-related injury medical subsidy and disability employment subsidy when they retire, and it is impossible to receive a work-related injury medical subsidy and disability employment subsidy after retirement. The state has already issued it to you once, and it is impossible to issue it to you a second time.
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The one-time medical subsidy and disability employment subsidy for employees who have been injured at work are all paid directly, and they cannot be paid again when they retire, and this part of the money is settled at that time.
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When the statutory retirement age is reached, there is no one-time medical subsidy for work-related injuries and disability employment subsidies, and the pension is paid monthly according to the normal old-age retirement policy in accordance with the regulations.
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Can an employee who has suffered a work-related injury still receive a lump sum medical benefit for work-related injuries and a disability employment benefit when he or she retires? Employees of delivery industries and industries who receive a one-time medical benefit for work-related injuries and a disability employment allowance at the time of injury will no longer be entitled to it when they retire.
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When the factory employees retire, they can also get a one-time medical subsidy and disability, and it is difficult to find employment, and the state will do it. These people are comforted and subsidized, so don't worry.
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In principle, it can't
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It is paid by the insurance company. The one-time work-related injury medical subsidy is a work-related injury that is identified as a work-related disability of an employee.
Grade 5 and 6 disability, where the work-injured employee dissolves or terminates the labor relationship with the employer upon the request of the injured employee himself, and the work-related injury employee is assessed as having a Grade 7 to 10 disability due to work-related disability.
If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the medical security expenses shall be paid in a lump sum by the work-related injury insurance**.
Extended Information:1Work-related injury insurance refers to the accidental injury or occupational disease suffered by the worker at work or under specified special circumstances.
A social insurance in which the worker or his surviving family members receive material assistance from the State and society in the event of temporary or permanent incapacity for work and death.
System. Determination of work-related injury insurance: When an employee temporarily or permanently loses his or her ability to work or dies due to work-related injury or occupational disease, the responsibility for the work-related injury lies with the individual or the enterprise, and the employee is entitled to social insurance benefits, that is, the principle of compensation without negligence.
2.Work-related injury insurance, also known as occupational injury.
Insurance. Work-related injury insurance is a method of social co-ordination, focusing on the work-related injury insurance premiums paid by the fierce humanoid unit, establishing work-related injury insurance**, and giving workers and their practical statutory medical treatment and necessary economic compensation when they suffer accidental injuries or occupational diseases in production and business activities, and resulting in death, temporary or permanent loss of working ability.
A social security system. This compensation covers both medical and ** expenses as well as basic living expenses.
From May 1, 2015, all localities should continue to implement the 2015 reduction of the average rate of work-related injury insurance by one percentage point and maternity insurance.
The decision of the percentage rate and the relevant policy provisions ensure that the policy is implemented in place. Maternity insurance and basic medical insurance.
The merger and implementation of the work will be organized and implemented in a unified manner after the relevant regulations are formulated.
4.The scope of work-related injury insurance is workers in the process of production and labor. Since occupational hazards are ubiquitous and ubiquitous, no one can completely avoid occupational injuries.
Therefore, work-related injury insurance is applicable to all employees as an insurance system against occupational hazards, and any employee who suffers from work-related accidents or occupational diseases should receive work-related injury insurance benefits without exception.
2010 National Symposium on Work-related Injury Insurance.
5.The liability of workers' compensation insurance is compensatory. In other words, workers' rights to life and health, survival and labor have been affected, damaged or even deprived.
Therefore, work-related injury insurance is a social insurance system established based on the liability for compensation for work-related injuries, and other social insurance is established based on the responsibility to help and compensate employees for their living difficulties. The unified exclusive work-related injury insurance scheme is fully connected with social security, and the compensation for the one-time disability employment subsidy is supplemented.
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Hello dear is happy to serve you, thank you for your patience. If you continue to work in the factory after a work-related injury, you can also enjoy a medical subsidy and an employment subsidy. 1. The one-time medical subsidy and employment subsidy for work-related injuries are the compensation for the old injuries and the re-employment due to the disability of the injured employees who are identified as five to ten levels of hidden sources and the termination of the labor relationship with the unit where the accident injury is located or terminated.
2. During the period of maintaining labor relations with the employer, no payment will be made.
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Summary. Disability subsidy is a disability benefit paid by work-related injury insurance** (or employer if there is no work-related injury insurance) that employees enjoy according to the corresponding work-related injury level when they suffer a work-related injury, and the amount is the salary of the specified number of months, and it is paid in a lump sum.
The one-time disability subsidy is a kind of work-related injury insurance benefits, which is a one-time occupational injury compensation given to workers who are disabled due to work-related injuries, and the payment standard is based on the disability level assessed by the labor appraisal agency, and the maximum is 27 months' salary of the disabled employee.
Generally, the employer shall pay the employee a lump sum after the employee and the employer terminate the employment relationship, and the one-time disability allowance shall be paid to the employee within 30 days.
How long does it take for a lump sum employment benefit and medical benefit to arrive after an injured employee resigns?
Hello, according to the inquiry, the one-time disability allowance within one month can generally be received within one month.
Disability subsidy is a disability benefit paid by work-related injury insurance** (or employer if there is no work-related injury insurance) that employees enjoy according to the corresponding work-related injury level when they suffer a work-related injury, and the amount is the salary of the specified number of months, and it is paid in a lump sum. The one-time disability subsidy is a kind of work-related injury insurance benefits, which is a one-time occupational injury compensation given to workers who are disabled due to work-related injuries, and the payment standard is based on the disability level assessed by the labor appraisal agency, and the maximum is 27 months' salary of the disabled employee. Generally, the employer shall pay the employee a lump sum after the employee and the employer terminate the employment relationship, and the one-time disability allowance shall be paid to the employee within 30 days.
If an employee of the company pays social security after the work-related injury is assessed as a disability grade, the company only needs to bear a one-time disability employment subsidy, which will be paid by the employer to the employee in a lump sum after the employee and the employer terminate the labor relationship.
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In workers' compensation, it is important to believe that what you are asking about should be a one-time work-related injury diagnosis and treatment subsidy and an employment subsidy for disabled students. The one-time work-related injury diagnosis and treatment subsidy and the employment subsidy for disabled students are the expenses of the lump sum payment made by the employer to the employee with a grade 5 to 10 work-related injury who is not satisfied with the termination of the labor contract。If the employer refuses to pay, the employee may apply for arbitration to stipulate that the employer pay, and the operation steps are as follows:
Go to the Labor Dispute Arbitration Commission within the Labor and Social Security Bureau of the local Human Resources Bureau to apply for arbitration. The raw materials to be submitted are: 2 copies of the arbitration application form and 1 scanned copy of the applicant's ID card; 2 photocopies of relevant direct evidence and a list of evidence; In some areas, the employer must also be given the industrial and commercial registration information;
After submitting the materials, the arbitration commission will file the case for investigation within 5 working days and clarify the cross-examination period; In the future, the arbitration committee will not be able to issue an award if the arbitration committee is negotiated; Labor arbitration shall be concluded within 60 days; If they are not convinced after receiving the ruling, they may initiate litigation in the people's court within 15 days. According to China's Regulations on Work-related Injury Insurance, a one-time disability subsidy is a kind of work-related injury commercial insurance salary, which is a one-time job damage compensation given to employees who are disabled due to work-related injuries, and the calculation and payment specifications are based on the work-related injury level identified by the work appraisal center. This is a kind of work-related injury commercial insurance wages and benefits, which is not subject to tax, according to the requirements of the Notice of the Ministry of Finance and the State Administration of Taxation on the Individual Income Tax System Related to the Work-related Injury Commercial Insurance Wages and Benefits Obtained by Work-related Employees (Shui Shui [2012] No. 40).
Employees and their immediate family members are exempt from individual income tax for the wages and benefits of work-related injury commercial insurance required by the "Regulations on Work-related Injury Insurance" (No. 586 of the People's Republic of China). The wages and benefits of work-related injury commercial insurance referred to in Article 1 of this notice include the one-time disability subsidy, disability allowance, one-time work-related injury diagnosis and treatment subsidy, one-time employment subsidy for disabled students, work-related injury diagnosis and treatment salary, hospitalization and meal subsidy, transportation and accommodation expenses for medical treatment in other places, work-related injury recovery expenses, assistive device expenses, daily life escort expenses, etc., as required by the work-related injury employees, and the death of their employees. One-time work-related death subsidies such as funeral subsidies and condolences for dependent relatives required by their immediate family members in accordance with the Regulations on Work-related Injury Insurance (No. 586 of the People's Republic of China).
Therefore, if the one-time disability subsidy and one-time work-related injury diagnosis and treatment subsidy obtained by the person meet the above requirements, they are exempt from individual income tax. Self-pay refers to the wages paid by the injured employee in the month before the injury suffered an accidental injury or occupational hazard at work. Their salary is higher than 300% of the average salary of employees in the overall areaIt is calculated according to 300% of the average salary of employees in the overall area; If their salary is less than 60% of the average salary of employees in the overall planning area, they will be sold according to 60% of the average salary of employees in the overall planning area.
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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 injury, 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. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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