Grade 5 work related injury, get disability allowance. Do you want to go to the company to go throug

The disability allowance is paid by the employer, and the company's practice is not violated.

Regulations on Work-related Injury Insurance

Article 36 Where an employee is assessed as having a Grade 5 or Grade 6 disability due to work-related disability, he or she 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.

Upon 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 disability employment subsidy. 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.

Go to the Human Resources and Social Security Bureau to apply.

1. Fill in the application form. 2. A copy of the original notice of the appraisal conclusion of the degree of loss of labor capacity of the work-related injury, and a copy of the work-related injury identification certificate required for a new work-related injury. 3. Statement of my insurance account. 4. Open a bank account.

Article 36 of the Regulations on Work-related Injury Insurance If a worker is judged to be a Grade 5 or Grade 6 disability due to work-related disability, he or she 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 criteria are: 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, and the criterion is: 70% of the person's salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay the social insurance premiums due to the employee according to the limit.

If the amount of disability allowance is in fact lower than the local minimum wage standard, the employer shall make up the difference. At the suggestion of the injured worker, the worker can terminate or terminate the employment relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific criteria for the one-time work-related injury medical subsidy and the one-time disability employment subsidy shall be limited by the people of the provinces, autonomous regions and municipalities directly under the Central Government.

What are the benefits of the fifth and sixth grade disability?

1. Standard: enjoy a one-time disability subsidy: the basic salary of the person corresponding to different months at all levels of disability.

2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference. At the request of the employee, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy based on the average monthly wage of the employee in the overall area of the previous year at the time of the termination or termination of the labor relationship (the specific standards shall be stipulated by the people of the province, autonomous region and municipality directly under the Central Government).

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

4. Note: My salary refers to the average monthly salary of the injured employee in the 12 months before he was injured in an accident or suffered from an occupational disease at 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.

According to the provisions of the regulations on work-related injury insurance, the employer shall arrange appropriate work in principle, if it is difficult for the employer to arrange, on the premise of retaining the labor relationship, the employer shall pay the disability allowance on a monthly basis, and the standard of the disability allowance shall be 70% of the salary of the person injured at grade 5, but shall not be lower than the local minimum wage standard, if the employee proposes to terminate the labor contract, the employer shall pay a one-time employment subsidy, and the one-time medical subsidy for work-related injury shall be paid by the insurance ** (after the employer pays the insurance). The specific standards shall be formulated by each province, municipality directly under the Central Government and autonomous region.

You can search the "Regulations on Work-related Injury Insurance" and the regulations on work-related injury insurance and the detailed rules for the implementation of the work-related injury insurance regulations of the province (city) where you are located on the Internet.

Since the employer does not agree, you have no choice but to continue working or resign.

The company shall pay the full amount of the work-related injury and disability allowance to the employee. Disability subsidy is a kind of work-related injury insurance treatment, 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. To apply for disability allowance, the applicant unit or employee shall submit an application to the local social security institution with the required materials.

The following materials need to be provided, a copy of the ID card of the injured employee; A copy of the work-related injury certificate; Declaration Form for Work-related Injury Benefits; Original certificate of labor ability; If there are medical expenses, medical invoices, diagnosis certificates, and medical records are also required.

Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 4 and Article 10 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 raises the agreed conditions of the labor contract and the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.