The one time disability allowance for work related injuries is based on the time of automatic retire

If the work-related injury has a disability level, if you continue to work in the unit, and if you are injured in the future, the expenses and wages during the period will also be treated as work-related injuries. After the termination of the labor relationship, the individual who has suffered the old injury will be responsible for the future and will therefore have to pay a one-time medical benefit for work-related injuries. The standards are set by the province or city where they are located, and the standards are different from place to place.

Legal Analysis: There is no lump sum disability benefit when retiring after a work-related injury. According to the regulations, if the work-related injury is assessed as level 7 to 10 by the work-related injury employee, 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 employer shall pay the one-time employment subsidy in a lump sum when going through the formalities for the dissolution or termination of the labor contract, and the worker may apply to the local social insurance agency for the medical subsidy with the certificate of termination of the contract, the appraisal of the ability to erect the acreage, the social security card and other materials.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance for Employees who are identified as Grade 7 to Grade 10 disability 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' 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(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 injuries, 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.

Summary. Hello dear<>

According to Article 47 of the Regulations on Work-related Injury Insurance, employees who are injured at work beyond the retirement age can enjoy a one-time disability employment subsidy upon confirmation by the employee's employer and the labor and social security administrative department.

Can employees who are injured over retirement age be entitled to a one-time disability employment subsidy?

Hello dear<>

Employees who are injured at work beyond the retirement age are not entitled to a one-time disability employment subsidy.

Hello dear<>

According to Article 86 of the Regulations of the People's Republic of China on Work-related Injury Insurance, the one-time disability employment subsidy is only paid to employees who have not yet reached retirement age.

Isn't there a law that stipulates that those who are not entitled to retirement benefits can have?

Hello dear. According to Article 47 of the Regulations on Work-related Injury Insurance, employees injured who have exceeded the age of retirement can enjoy a one-time disability employment subsidy upon confirmation by the employee's employer and the labor and social security administrative department.

Employees who are officially retired from work-related injuries do not receive a one-time disability benefit.

The one-time disability subsidy is a kind of work-related injury insurance benefits, which is a one-time occupational injury compensation given to workers who are disabled due to work-related injuries, and the payment standard is based on the disability level assessed by the labor appraisal agency, and the maximum is 27 months' salary of the disabled employee. Employees who are assessed for work-related disability will enjoy a one-time disability subsidy, and the standards for each level are different.

If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and the employer shall pay Bu Minxiao on a monthly basis. After the work-related injury employee is assessed, the original benefit shall be suspended, and the employee shall enjoy the disability treatment in accordance with the relevant regulations. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

If a unit or individual misappropriates work-related injury insurance in violation of regulations, constituting a crime, criminal responsibility shall be investigated in accordance with law; where a crime is not constituted, sanctions or disciplinary sanctions are to be given in accordance with law. The misappropriated ** shall be recovered by the social insurance administrative department and shall be registered in the work-related injury insurance**; Confiscated illegal gains shall be turned over to the state treasury in accordance with law.

Summary. Hello, no, it's based on the level of disability.

According to the regulations on work-related injury insurance, if an employee is identified as a first-level to fourth-grade 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 subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for disability, and 21 months' salary for fourth-degree disability;

2) Disability allowance shall be paid on a monthly basis from work-related injury insurance**, and the standard is: 90% of the salary of the first-degree disability, 85% of the salary of the second-degree disability, 80% of the salary of the person for the disabled, and 75% of the salary of the fourth-degree disability.

Is the one-time disability subsidy calculated according to the time of work-related injury determination or the time of disability appraisal (disability assessment)?

Hello, no, it's based on the level of disability. According to the regulations on work-related injury insurance, if an employee is identified as a first-level to fourth-grade 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 subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:

The first-degree disability is 27 months' salary, the second-degree disability is 25 months' salary, the second-degree disability is 23 months' salary, and the fourth-degree disability is 21 months' salary; 2) Disability allowance shall be paid on a monthly basis from work-related injury insurance**, and the standard is: 90% of the salary of the first-degree disability, 85% of the salary of the second-degree disability, 80% of the salary of the person for the disabled, and 75% of the salary of the fourth-degree disability.

Is the rate of benefit based on the salary at the time of appraisal or the amount of salary at the time of injury?

Article 61 of the Regulations on Work-related Injury Insurance: "The term "personal salary" as used in these Regulations refers to the average monthly salary paid by an injured employee in the 12 months prior to the injury caused by an accident or occupational disease due to work. If my salary is higher than the average salary of employees in the overall area of 300, it shall be calculated according to the average salary of employees in the overall area of 300; If the salary of the employee is lower than 60 of the average salary of the employees in the overall planning area, it shall be calculated according to 60 of the average salary of the employees in the overall planning area."

Average salary for the 12 months prior to the injury. Sparrow silver.

In other words, should my allowance be calculated at the rate of wages at the time of the injury?

Yes. Good.

Hope it helps.

My friend told me that it would be calculated according to the time when the appraisal was issued.

For the purposes of these Regulations, the term "personal disturbance wages" refers to the average monthly wages paid by employees who have suffered work-related injuries or occupational diseases in the 12 months prior to their work-related injuries. The above is the regulation of work-related injury insurance.

Thank! You are welcome.

There is no lump sum disability employment benefit when you retire after a work-related injury. The one-time disability allowance is paid when the labor or employment contract expires and is terminated, or the employee himself or herself proposes to terminate the labor or employment contract, because the employer does not need to pay the labor contract after retirement.

Article 32 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) Where an employer initiates a lawsuit in the event of an employment dispute with a person hired by an employer who has already enjoyed pension insurance benefits or received a retirement pension in accordance with the law, the people's court shall handle it in accordance with the labor relationship. Where an enterprise has a person who is on leave without pay, a retired employee who has not reached the statutory retirement age, a laid-off person who is waiting for work, and a person who has been on a long vacation for the purpose of suspending the promotion of banking and production for the purpose of an enterprise, and who files a lawsuit due to an employment dispute with a new employer, the people's court shall handle it in accordance with the labor relationship.