If an employee is rated as disabled, will the company not increase his salary?

Whether an employee has a salary increase depends on the employer's human resources system and the process of promotion and salary increase, etc., and those who meet the corresponding conditions can apply for a promotion and salary increase.

Labor Contract Law

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.

There is no necessary correlation between the level of disability and wages.

Summary. Hello, if the work-related injury appraisal is not disabled, after the worker resigns, there will be no economic compensation, and if the disability is constituted, the corresponding compensation can be made. I hope mine is helpful to you.

If it is rated as a work-related injury, but it is not rated as a disability grade, will the company compensate you after resigning?

Hello, it's a pleasure to serve you. I'm a partner and specialize in administrative law. Civil law, criminal law, contract law! I have seen your question and am working on a response, and you can provide more useful information so that I can better answer you.

Hello, if the work-related injury appraisal is not disabled, after the worker resigns, there will be no economic compensation, and if the disability is constituted, the corresponding compensation can be made. I hope mine is helpful to you.

Is there any compensation for employees who are injured at work, who are not rated as disabled and voluntarily leave their jobs?

Hello, if you can't get the disability assessment, there is no compensation.

Hope mine is helpful to you. Please also give a thumbs up, thank you in advance, and I wish you a happy life.

If an injured employee is injured in an accident and causes physical injury, the relevant compensation items should also be determined according to the injury and other circumstances due to the different circumstances of the injury. If the employee believes that the injury is serious and applies for the appraisal of the working ability level, but if the injury of the injured employee is still not assessed as disabled after the appraisal of the working ability level and the review by the appraisal agency at the next higher level, there will be no relevant compensation items for disability in the work-related injury treatment of the injured employee. At the same time, even if it does not constitute a disability, work-related injury insurance**, or the employer shall still pay the following work-related injury benefits in accordance with the law:

1. Medical expenses and expenses for work-related injuries;

2. Hospitalization meal subsidy during the actual hospitalization;

3. If it is necessary due to injury, the transportation and accommodation expenses for medical treatment outside the co-ordination area;

4. Nursing expenses during hospitalization;

5. Wages for work-related injuries during the period of suspension of work.

Of course, the specific amount of compensation for the above-mentioned items still needs to be calculated according to the standards of the work-related injury employee's labor ability appraisal conclusion, wage level, and the average salary of the local on-the-job employees before the work-related injury compensation amount can be finally determined.

1. How to go through the work-related injury compensation procedure.

1. Work-related injury reporting procedures. The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department.

2. Procedures for determining work-related injuries. If the employer does not file a work-related injury determination, the injured person must apply to the labor department within one year from the date of the accident. After the investigation and determination of the social security agency, the unit and the injured person shall be notified in writing.

3. Work-related injury appraisal procedures. On the basis of the work-related injury appraisal of an employee who has applied for work-related injury appraisal and is recognized as a work-related injury, the labor appraisal committee at or above the county level shall assess the disability level of the employee after the completion of his or her medical treatment or the expiration of the medical treatment period.

4. Negotiate compensation procedures. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards. If they are not insured, they will negotiate with the employer to settle the problem according to the standards.

5. Labor arbitration procedure. If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.

6. Court trial procedures. Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

7. Execution procedures. If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.

8. Grievance procedure. Those who are not satisfied with the effective judgment may apply for the initiation of retrial procedures, but this is generally difficult.

Summary. If the work-related injury is not rated and the work-related injury can still be reported, the company may be required to pay work-related injury compensation.

Apply to the local labor and social security bureau for work-related injury determination, and then apply for labor ability appraisal after the identification, and claim compensation according to the appraisal results.

Specific compensation items may include medical expenses, wages for suspension of work, food allowance, transportation expenses, nutrition expenses, one-time disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

If the work-related injury is not graded, does the company not need to compensate?

Hello. Hello, I am a cooperating lawyer and it is a pleasure to serve you.

I only have work-related injury insurance and no social security, and if I can't get a work-related injury rating, will I still be compensated?

The company said that if it can't be evaluated, there will be no compensation from the superiors, right?

If the work-related injury is not rated at the level, and the work-related injury can still be reported, the company can request the company to pay work-related injury compensation. First apply to the local labor and social security bureau for work-related injury identification, and then apply for labor ability appraisal after the identification, and claim compensation according to the appraisal results. Specific compensation items may include medical expenses, wages for suspension of work, subsidies for disturbing food at the bridge, transportation expenses, nutrition expenses, one-time disability subsidies, one-time medical subsidies for work-related injuries, one-time disability employment subsidies, etc.

No, you can still claim compensation from the company.

Is the compensation determined by the Labor Bureau?

Yes, if the company refuses to compensate, it can go to the labor bureau to solve the problem.

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Legal analysis: If compensation is required, the work-related injury is not graded, and the work-related injury can still be reported, the company can be required to give work-related injury compensation. Apply to the local Labor and Social Security Bureau for a work-related injury determination, and then apply for a labor ability appraisal after the identification, and claim compensation according to the appraisal results.

Legal basis

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) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident;

3) Hailstones during working hours and in the workplace, and being injured by violence or other accidents 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If the work-related injury assessment of the tooth potato is not superior, but it is still recognized as a work-related injury, the company has compensation. The wages of employees during the period of suspension of work and pay shall still be paid by the company in accordance with the law. However, the company does not need to pay the monthly disability allowance and other expenses received by the fifth- and sixth-level disabled employees.