What should I do to protect my interests if I leave my job due to a work injury?

The procedures for handling work-related injury insurance benefits are as follows: work-related injury identification - labor ability appraisal or occupational disease appraisal - determination of compensation amount - implementation.

The specific process is as follows:

1. Apply for work-related injury recognition.

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

2. Apply for appraisal of labor ability and suspension of work and pay period.

Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be appraised for his or her ability to work.

3. Apply for labor arbitration to determine the amount of compensation.

Article 54 of the Regulations on Work-related Injury Insurance If a dispute arises between an employee and an employer over work-related injury benefits, it shall be handled in accordance with the relevant provisions on the handling of labor disputes.

4. If the employer fails to pay the fees in accordance with the arbitration decision, it shall apply to the court for compulsory enforcement.

Article 51 of the Labor Dispute Mediation and Arbitration Law The parties shall perform the legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

If you leave your job due to a work-related injury, the company shall pay a one-time compensation.

What do we do when we leave our jobs after a work injury?

Hello dear, happy to answer for you. 1. First of all, you should report the work-related injury to the labor insurance department as soon as possible and receive the work-related injury insurance money in time; 2. According to the Regulations of the People's Republic of China on Labor and Social Security Supervision, the employer shall pay certain compensation to the injured employee in the leather shirt in accordance with the regulations; 3. If the employer refuses to pay compensation, it may file a labor dispute arbitration with the Labor Dispute Arbitration Commission; 4. If the injured employee resigns due to work-related injury, he or she may apply to the local labor administrative department for termination of the labor contract; 5. If the injured employee resigns due to work-related injury, he or she can apply to the local labor administrative department for a certain amount of compensation; 6. If the injured employee resigns due to a work-related injury, he or she can apply to the local administrative department for the first forest industry subsidy; 7. If the injured employee resigns due to work-related injury, he or she can apply to the local labor administrative department for a certain vocational skills training subsidy; 8. If the injured employee resigns due to work-related injury, he or she can apply to the local labor administrative department for a certain employment guarantee; 9. If the injured employee resigns due to work-related injury, he or she can apply to the local labor administrative department for a certain employment subsidy; 10. If an injured employee leaves his or her job due to a work-related injury, he or she may apply to the local labor administrative department for a certain amount of employment assistance.

Summary. Hello, 1. After leaving the work-related injury, the injured employee can obtain work-related injury compensation according to the conclusion of the labor ability appraisal and relevant laws and regulations; 2. The following work-related injury benefits can be enjoyed: (1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work with pay (during the period of work-related injury**, **), the salary shall be paid according to the original treatment; (3) The unit shall be responsible for the need for nursing care during the period of suspension of work and pay; (4) During hospitalization, food allowance shall be paid according to the standard of the place where the injured employee is located; (5) If the person is disabled at grade 1-10 through the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the termination of the contract for grade 5-10 disability) and one-time disability employment subsidy (received after the disability of grade 5-10 is terminated).

What do we do when we leave our jobs after a work injury?

Hello. It's just that my work injury hasn't been resolved clearly, and now I'm going to leave my job.

1. After leaving the company, the injured employee can obtain work-related injury compensation according to the conclusion of the labor ability appraisal and relevant laws and regulations; 2. The following work-related injury benefits can be enjoyed: (1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work and salary (during the period of work-related injury**, **), the wages shall be paid according to the envy of the original treatment family; (3) The unit shall be responsible for the need for nursing care during the period of suspension of work and pay; (4) During hospitalization, food allowance shall be paid according to the standard of the place where the injured employee is located; (5) If the person is assessed as a grade 1-10 disability through the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), a one-time disability subsidy, a one-time medical subsidy for work-related injuries (received after the disability of grade 5-10 is terminated), and a one-time disability employment subsidy (received after the disability of grade 5-10 is terminated).

Hello, has your work injury been identified?

The company told me not to write a resignation report.

identified. Level 10.

What do you mean. Have you negotiated compensation with the company?

Hello, work-related injuries are closely related to the workplace, and without the injured workplace, there is no way to talk about work-related injury identification and work-related injury benefits. According to Article 17 of the Regulations on Work-related Injury Insurance, there is a time limit for the determination of work-related injuries, that is, within 30 days from the date of the accident, or within one year from the date of the accident, the injured employee shall directly submit an application for work-related injury recognition to the administrative department for labor failure and security in the overall area where the employer is located, and then apply for a labor ability appraisal when the injury is relatively stable, and finally enjoy the corresponding work-related injury benefits according to the results of the confession and appraisal.

It is recommended that you do not leave your job and negotiate workers' compensation first

If the work-related injury disability level 5-10 is constituted, and the employee resigns by himself/herself, in addition to the one-time disability allowance and the salary for the period of suspension of work, there are also one-time medical subsidies for work-related injuries and one-time employment subsidies. The standards of these two subsidies shall be stipulated by the work-related injury insurance regulations of the province where the work-related injury is injured or the measures for the implementation of the work-related injury insurance regulations; The former is covered by work-related injury insurance**, and the latter is borne by the employer. If you do not pay social security, all of them will be borne by the unit.

The legal basis is see: Regulations on Work-related Injury Insurance

Article 36 Employees who are identified as having a Grade 5 or Grade 6 disability due to work-related disability shall enjoy the following treatments:

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.

Article 37 Employees who are identified as having a disability of grade 7 to grade 10 due to work-related disability 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, a one-time medical subsidy for work-related injury shall be paid by the work-related injury insurance insurance**, and a one-time disability employment subsidy shall be paid by the employer. 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.

1. If an injured employee voluntarily resigns, he or she shall enjoy the corresponding work-related injury insurance benefits according to the injury and disability level.

If it is only minor (there is no appraisal of the work-related injury level), only the work-related injury medical treatment and the work-related injury service treatment during the suspension period without pay will not be compensated.

If an employee with a work-related injury of grade 5 to 10 resigns (note: the law does not support the resignation of an employee with a work-related injury of grade 1 to 4), he or she shall enjoy the benefits stipulated in Articles 36 and 37 of the Regulations on Work-related Injury Insurance according to the level of work-related injury. Namely; The work-related injury insurance** pays a one-time disability allowance and a one-time medical subsidy corresponding to the work-related injury level; The employer shall pay a one-time employment subsidy corresponding to the level of work-related injury.

2. If an injured employee voluntarily resigns, the employer generally does not pay severance to him/her. If the employer has any of the circumstances specified in Article 38 of the Labor Contract Law, the injured employee shall resign in accordance with the provisions of Article 38 of the Labor Contract Law, and the employer shall pay severance to the employee.

The legal support has:

Regulations on Work-related Injury Insurance" and the implementation measures of work-related injury insurance of various provinces (autonomous regions and municipalities directly under the Central Government).

Social Insurance Act

Labor Contract Law" and "Regulations for the Implementation of the Labor Contract Law".