Can a work related injury not be withdrawn? What are the legal regulations? Grade 4 disability. What

If the work-injured employee's working ability is assessed as level 4, he or she shall withdraw from the labor post.

Grade 4 disability is a complete loss of working ability, and an employee who has completely lost his or her ability to work no longer has the legal qualifications as a worker. According to Article 35 of the Regulations on Work-related Injury Insurance, if an injured employee is assessed as a fourth-level disability after the appraisal of his or her working ability, he or she shall retain the labor relationship and withdraw from the labor position, and the work-related injury insurance** shall pay the disability allowance on a monthly basis at 75% of his salary, and if the actual amount of the disability allowance is lower than the local minimum wage standard, the work-related injury insurance** shall make up the difference. In addition, the employer and the individual employee shall pay the basic medical insurance premium based on the disability allowance.

After reaching the retirement age and going through the retirement procedures, the pension will be received on a monthly basis, and if the pension is lower than the work-related injury allowance, the work-related injury insurance** will make up the difference.

Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee is identified as a Grade 4 disability due to work-related disability, he or she shall retain the labor relationship, withdraw from the job, and enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** is paid for 18 months' salary;

2) The monthly disability allowance from work-related injury insurance** is 75 of the person's salary, but not lower than the local minimum wage standard.

3) If the level of care is confirmed by the labor appraisal committee, the living care fee shall be paid on a monthly basis.

4) When the injured employee reaches the retirement age, he or she shall go through the retirement procedures and enjoy the basic pension insurance benefits.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees. Disability allowances and living care expenses are to be adjusted annually by provinces, autonomous regions, and municipalities directly under the Central Government.

Grade 4 disability cannot be engaged in the original job, can only retire, this is to protect your rights and interests.

If there is no work-related injury and retirement of the retired employee, and there is no labor relationship between the employee and the employer, the precondition for the determination of the work-related injury is that the labor and management parties have established an employment relationship.

During the period when the employee retires from work to recuperate, the enterprise will pay the living allowance. In places where overall planning of retirement expenses has been implemented, enterprises and employees who have withdrawn from their jobs to recuperate shall pay basic pension insurance premiums in accordance with relevant regulations. When an employee reaches the retirement age stipulated by the state during the period of recuperation and recuperation, he or she shall go through the retirement procedures in accordance with the regulations.

Public institutions can also handle internal retirement.

1. What materials do I need to prepare to apply for work-related injury determination?

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

2. What are the criteria for determining work-related injuries?

1. If an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

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) Injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving rail transit, passenger ferry, or train while commuting to or from work;

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

2. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

Summary. Fourth-level disability in work-related injury, retain the labor relationship, quit the job, and enjoy the following benefits: (1) A one-time disability subsidy will be paid according to the level of disability from the work-related injury insurance**, and the fourth-level disability standard is 21 months' salary.

2) Disability allowance shall be paid on a monthly basis from work-related injury insurance**, and the standard for fourth-level disability shall be 75% of the person's salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by the work-related injury insurance** (3) After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended, and the basic old-age insurance treatment shall be enjoyed in accordance with the provisions of the state, and if the basic old-age insurance treatment is lower than the disability allowance, the work-related injury insurance** shall make up the difference.

Hello. Grade 4 disability due to work-related injury, retain the labor relationship, quit the job, and enjoy the following benefits: (1) Pay a one-time disability subsidy from the work-related injury insurance ** according to the disability level, and the fourth-level disability standard is 21 months' salary.

2) Disability allowance shall be paid on a monthly basis from work-related injury insurance**, and the standard for fourth-level disability shall be 75% of the person's salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference shall be made up by the work-related injury insurance** (3) After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance shall be suspended, and the basic old-age insurance treatment shall be enjoyed in accordance with the provisions of the state.

If the retirement is not delayed, the retirement procedures shall be completed when the retirement age is reached.