What should I do if the work related injury case is not closed and the employee proposes to resign

If the work-related injury case is not concluded, and the employee proposes to resign, if the employer has paid social insurance for him, it is recommended that he be allowed to resign, but the compensation fee will be paid to him after the insurance claim is settled; If the unit does not pay social insurance for it, it can sign a compensation agreement to stipulate the aftermath.

1. The employee may terminate the employment relationship by notifying the employer in writing 30 days in advance.

2. Legal basis, Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

2) Drunk or drug addiction;

(3) Self-harm or suicide.

In the case of the prohibition of terminating the labor contract as stipulated in Article 29 of the Labor Law, if the person insists on resigning, he or she shall write a written application for future troubles.

Sign a reconciliation agreement, and you're done with it all at once.

Legal analysis: The regulations on work-related injury insurance clearly stipulate that the employer must apply to the local labor department for recognition of work-related injury within one month from the date of the employee's work-related injury, and if the employer does not declare, then the employee and his or her relatives can apply for recognition within one year. You can apply for recognition to the labor and social security department where your employer is located.

Although you have left your job, after all, the accident occurred before you left your job, and the employer should be held responsible.

Legal basis: Labor Contract Law of the People's Republic of China

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 Under any of the following circumstances, the employee may terminate the labor contract at a loss:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the Split Law;

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

Summary. If an employee submits a resignation application before the work-related injury, the company will not compensate him.

If an employee submits a resignation application before a non-work-related injury, does the company have to compensate him?

If the employee submits a resignation application before the work-related injury, but has not completed the formal resignation procedures, does the company need to compensate him?

If an employee submits a resignation application before the work-related injury, the company will not compensate him.

Normally, if an employee submits a resignation application before the work-related injury, the company does not need to pay any compensation to the employee.

However, if the company and the employee have other severance compensation clauses in the employment contract or the company stipulates the relevant severance compensation clause, then the company needs to pay the corresponding severance compensation to the employee in accordance with the relevant agreement or regulations.

You don't need to pay your basic salary during medical treatment.

If the employee submits an application for leaving the post before the work-related injury, and the company has already passed the medical treatment period before the employee leaves the company, the company does not need to pay the basic salary during the employee's medical treatment.

If I have not gone through the formal resignation procedures, I do not need to pay the basic salary during the medical treatment?

If the employee submits a resignation application before the work-related injury but has not completed the formal resignation procedures, the company does not need to pay any compensation to the employee. Because before the employee officially resigns, the company still regards the employees of Conglian as the on-the-job state, and the employees still need to fulfill the obligations in the labor contract, and the company also needs to pay the corresponding wages and benefits to the employees in accordance with the labor contract.

The Labor Law seems to say that if you are injured at work, you will be liable for 60% of your basic salary during the period of medical treatment.

However, if the company and the employee have other severance compensation clauses in the employment contract or the company stipulates the relevant severance compensation clause, then the company needs to pay the corresponding severance compensation to the employee in accordance with the relevant agreement or regulations.

Do I need to pay my basic salary if I am still employed and cannot fulfill my labor obligations during my sick leave?

If the employee is unable to perform the labor obligations in the labor contract during the leave period due to illness, but the employee still has not gone through the formal resignation procedures, then the company needs to pay the basic salary to the employee in accordance with the labor contract.

Because although the employee is unable to work due to illness, he is still in the state of Lianglu, and the company needs to pay the employee the basic salary and related benefits in accordance with the provisions of the labor contract.

Of course, if there is a separate agreement between the company and the employee in the labor contract or the relevant sick pay payment terms are stipulated within the company, then the company needs to pay the corresponding sick pay to the employee in accordance with the relevant agreement or regulations.

After a work-related injury, the employee shall file a severance compensation by himself/herself, 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. According to the relevant laws and regulations, if an employee is identified as a Grade 5 or Grade 6 disability due to work-related disability, the employee may terminate or terminate the labor relationship with the employer upon the request of the injured employee himself, 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 compensation standards for work-related injuries are as follows

1. Compensation for medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation expenses for general injuries (not reaching disability);

2. Compensation for medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time employment subsidy for disability caused by the disability;

3. Compensation and funeral subsidy, one-time subsidy and pension for dependent relatives caused by death;

4. In the case of unknown employees, the compensation items for employees who are missing when they go out or in emergency rescue and disaster relief shall be determined according to different circumstances. If the employee has not been declared dead, his immediate family members can be awarded the following compensation items: pension for dependent relatives and 50% of the one-time work-related death allowance; If an employee is declared dead, the compensation items that his immediate family members can receive are:

Funeral expenses, pensions for dependent relatives, and one-time work-related death allowances.

Legal basisArticle 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance.

If an employee is identified as having a Grade 7 to Grade 10 disability due to work-related disability, 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 employment subsidy for disability.

It is possible to resign, but it is necessary to agree with the employer on how to deal with the work-related injury affairs in the future.

1. How to deal with the decision to determine work-related injuries after it is issued.

How to deal with the decision on work-related injury depends on the following circumstances:

1. If it is recognized as a work-related injury, apply for work-related injury appraisal, and then negotiate work-related injury compensation with the unit according to the work-related injury appraisal results;

2. If the result of the determination of work-related injury is that it does not constitute a work-related injury, the person who is not satisfied with the determination may apply for administrative reconsideration, or may file an administrative lawsuit with the people's court in accordance with the law.

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

2. Is it legal to resign half a month in advance without deducting wages?

If the employment contract stipulates that the employee does not resign one month in advance, the salary will be deducted, which is invalid. If your wages are deducted, you can choose to file a complaint with the local labor inspection brigade or apply to the labor arbitration commission where your employer is located. However, it is recommended that the employee resign in accordance with the regulations, because if the employee does not resign in accordance with the regulations and causes losses to the employer, the employee shall bear the liability for compensation and the employer shall bear the burden of proof.

3. How much should be paid for a broken finger at a work-related injury.

If you break your finger at a work-related injury, it will generally be recognized as a Grade 10 disability, and the specific compensation standard needs to be determined according to your work-related injury level, and only when your compensation level is determined can the employer determine the amount of compensation. First of all, the employee needs to go to make a work-related injury determination. Later, if the employer proposes to terminate the contract with the employee, the employee can request the employer to pay a one-time disability employment subsidy.

According to our country's work-related injury insurance regulations, grade 10 disability is 7 months' salary.

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

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) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred due to 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.

Legal analysis: It is possible to resign, but it is necessary to make an agreement with the cancellation unit on how to deal with the work-related injury affairs after the agreement.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

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) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 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 during the period of work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) When the labor contract is terminated or dissolved, the employee shall be entitled to a one-time employment subsidy for land-related disability.