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Article 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

You can resign after the results of the work-related injury appraisal are available. The lump sum disability allowance can be received at the time of employment, while the one-time medical benefit for work-related injuries and the one-time disability employment allowance can only be received when you leave the company. You can resign without affecting your application for work-related injury benefits.

However, there is no need to resign before getting the notice of labor ability appraisal conclusion, and it is more convenient to resign if you don't want to go to work and not to go.

You can resign after the results of the work-related injury appraisal are available. First of all, it should be clear that the lump sum disability benefit can be received at the time of employment, while the one-time medical benefit for work-related injuries and the one-time disability employment benefit can only be received when you leave the company.

Regulations of the People's Republic of China on Work-related Injury Insurance

Article 37 Employees who have been identified as having a disability of grade 7 to 10 due to work-related disability 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: 13 months' salary for the seventh grade disability, 11 months' salary for the eighth grade disability, 9 months' salary for the ninth grade disability, and 7 months' salary for the tenth grade 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 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.

Article 64 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.

Legal analysis: After receiving the labor ability appraisal conclusion, the injured employee can choose to resign according to his physical condition and work situation, or he can choose to continue to work in the employer.

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the conclusion of the judicial organ or the relevant administrative department, the time limit for making the determination of work-related injury shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

Legal Analysis: Yes. The lump sum disability benefit is available at the time of employment, while the lump sum medical benefit for work-related injuries and the one-time disability employment benefit are available only at the time of separation.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 37 If an employee is identified as a grade 7 to 10 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 the work-related injury reputation insurance, and the standard is:

13 months' wages for grade 7 disability, 11 months' wages for grade 8 disability, 9 months' wages for grade 9 disability, and 7 months' wages for grade 10 disability. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people** of the provinces, Ziliangpao districts, and municipalities directly under the Central Government.

For workers, they can apply for compensation after the work-related injury is identified, and generally qualified workers will pay work-related injury compensation to the workers in accordance with the regulations, and the work-related injury appraisal will be valid for one year after it is issued. For workers, they can apply for compensation after the work-related injury is identified, and generally qualified workers will pay work-related injury compensation to the workers in accordance with the regulations, and the work-related injury appraisal will be valid for one year after it is issued. Pulse.

1. Whether to resign after the work-related injury appraisal comes outYou can resign after the work-related injury certificate is issued. Work-related injury appraisal is the act of having the work-related injury appraisal of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury being identified as a work-related injury, and after the completion of his or her medical treatment or the expiration of his or her medical treatment, the labor ability appraisal committee at or above the districted city shall conduct an appraisal of his work-related injury-related matters.

If you do not pay social security, then directly negotiate with the unit or go to the arbitration commission to sue for payment of work-related injury compensation, and the arbitration time is 30-45 days.

If the employer has paid social security, go to the Social Security Bureau to apply for medical expenses and one-time disability subsidy 15 days after the appraisal results come out, and the first compensation will come out in about a month (subject to the office hours of the Social Security Bureau); After that, you can apply for a one-time medical subsidy from the social security after you leave the job, and the last one is a one-time employment subsidy paid by the employer.

2. How long is the work-related injury appraisal valid after it is issued?Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as a vocational travel disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

3. How long does it take for the work-related injury certificate to take effect after it is issuedAfter the work-related injury determination is issued, if the employee and the employer do not apply for administrative reconsideration or file an administrative lawsuit within the 15th day, it will take effect, and if the application for administrative reconsideration or administrative lawsuit is filed, it will take effect after the relevant conclusions are issued. Please be reminded that the work-related injury determination shall be made within 60 days after the applicant submits the materials for work-related injury determination, and the work-related injury determination shall be made within 15 days for the application for work-related injury determination with clear facts and clear rights and obligations.

Legal Analysis: You can resign after the results of the work-related injury appraisal are out. The lump sum disability benefit is available at the time of employment, while the lump sum medical benefit for work-related injuries and the lump sum disability employment benefit are available at the time of separation.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) On the way to and from work, they are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations on the lease status.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy 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.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the injured employee goes to the medical institution that has signed the service agreement to carry out the cost of work-related injury, it shall be paid from the work-related injury insurance.