Can I request the employer to pay disability allowance if I suffer a work related injury and have a

If an employee suffers a work-related injury and the disability is assessed as level 7, the employer does not need to pay the employee allowance. The allowance is only available for disability of grade 6 or above.

However, the employee's salary during the ** period and the rest period is paid by the employer on a monthly basis.

In accordance with the Labor Contract Law

Article 33 Where 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 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 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.

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 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: 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 or herself 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 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.

No, if you have workers' compensation insurance.

If the labor relationship is retained, the one-time disability subsidy for the injured employee shall be paid by the social security**.

It is possible to claim disability benefits from social security.

If an employee is hospitalized and injured at work, the unit shall pay the hospitalization food subsidy according to 70% of the food subsidy standard for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively the average monthly salary of employees in the overall planning area in the previous year or 30. 1) From work-related injury insurance** a one-time disability subsidy is paid according to the level of disability, and the standard is:

12 months' wages for Grade 7 disability, 10 months' wages for Grade 8 disability, 8 months' wages for Grade 9 disability, and 6 months' wages for Grade 10 disability; (2) If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy to the repatriated worker. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.

For the purposes of these Regulations, the term "personal salary" refers to the average monthly contribution and salary of an injured employee in the 12 months prior to the injury caused by an accident or occupational disease at work. If the employee's salary is higher than the average salary of 300 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 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.

Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) Wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

According to the Work-related Injury Insurance Article.

According to Article 37 of the DAO Regulation, if the DAO is assessed as having a Grade 7 disability through labor ability, he or she can enjoy the following work-related injury benefits:

1.The medical expenses shall be paid in full by the employing unit;

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

3.If nursing care is required during the suspension period, the unit shall be responsible;

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

5.Workers' Compensation:

1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the salary for grade 7 work-related injury is 13 months.

2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is determined by the location of the injured employee, and the amount of compensation varies depending on the region, so you can call 12333 to consult the local labor department.

The Labor Bureau will pay a lump sum disability benefit:

13 months' salary.

In addition, if the labor contract is terminated, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy if the employee is 29 years old.

In total, it is about 70 months of average salary for local employees.

Grade 7 disability, no monthly disability allowance; Disability allowances are paid on a monthly basis only for disability levels 1 to 6.

If you do not leave your job and have a grade 7 disability, you can only pay a one-time disability allowance of 13 months' salary.

Zongheng Legal Network-Guangdong Jitang Law Firm-Wei Feng lawyer.

Legal analysis: The disability level has been assessed and confirmed by the Labor Ability Appraisal Committee, and the work-related injury insurance** is paid on a monthly basis. If they are completely unable to take care of themselves, they shall be paid 50% of the average monthly salary of employees in the previous year; For those who are unable to take care of themselves for most of their lives, they shall be paid 40% of the average monthly salary of employees in the previous year; Those who are unable to take care of themselves shall be paid 30% of the average monthly salary of employees in the previous year.

A one-time disability allowance of 13 months' salary. If the labor or employment is terminated at the expiration of the same period, or the employee himself proposes to terminate the labor contract 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 disability employment subsidy. The specific standards of the two subsidies shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis: According to Article 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is identified as a seven-level to ten-level disability 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 is:

Grade 7 disability is 13 months' salary; 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages 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 work-related injury medical subsidy;