Is there any compensation for work related injuries after resignation, and is there compensation for

In some cases, if the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

That's a lot of money! According to Suzhou standards, grade 10 work-related injuries also have more than one year's salary (calculated according to the local average wage), about 40,000!

If you can only compensate for this matter after resigning, the employer will pay for it.

Whether you resign or not, you can get compensation from work-related injury insurance, and a grade 10 work-related injury is about 6 months of my salary!

First of all, according to the different degrees of disability of work-related workers, Article 1 of the Regulations on Work-related Injury Insurance provides the following:

1.Grade 5 and 6 work-related injuries: "At 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." ”

2.Grade 7 to 10 work-related injuries: "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." ”

From the above regulations, we can conclude two points: first, if the injured worker reaches a certain level of disability, he has the right to terminate the labor contract (i.e., resign voluntarily), but the employer does not have this right, otherwise it is illegal dismissal; Second, if an injured worker resigns and claims compensation, he or she has the right to demand a one-time disability employment allowance and a one-time medical subsidy for work-related injuries, but the subject of payment is slightly different according to different levels of disability.

In addition, it should be added that the payment standards for one-time work-related injury medical subsidies and one-time disability employment subsidies must be determined by the relevant provinces, autonomous regions and municipalities directly under the Central Government.

Article 24 of the Regulations on Work-related Injury Insurance stipulates that "upon the request of the injured employee, the employee may terminate or terminate the employment relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy." The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. "Local regulations can stipulate the standard for the payment of one-time medical benefits for work-related injuries and disability employment benefits, so let's check them out.

If your work-related injury occurred during the course of your employment relationship with the company and has been recognized, you are entitled to compensation regardless of whether you resign or not.

It depends on whether the time you have a work-related injury is in the contract or when the contract is terminated.

Legal analysis: There is compensation for self-resignation for work-related injuries, and applying for resignation will not have an impact on compensation.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance stipulates that 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 injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance list, 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 formulated 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. The cost of work-related injury for work-related injury by the injured employee to the dry medical institution that has signed the service agreement shall be paid from the work-related injury insurance** if it meets the requirements.

No, you can only claim compensation if you resign after a work injury and have the relevant compensation. In the case of work-related injury and disability, a one-time disability subsidy, a one-time disability employment subsidy, and a one-time work-related injury medical subsidy may be requested, of which the former subsidy can be claimed and paid during the existence of the labor relationship, and the latter two compensation shall be paid after the termination or dissolution of the labor contract. Legal basis:

Regulations on Work-related Injury Insurance Article 37 If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she 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 shall be: 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 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 employment subsidy for disability.

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.

Legal Analysis: If an employee resigns after the work-related injury is identified, the employer shall also compensate him/her.

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, an appraisal of his or her ability to work shall be conducted. The main compensation of work-related injury insurance benefits is: medical expenses, one-time disability allowance, one-time employment subsidy, one-time medical subsidy, wages during the period of suspension of work, food allowance, nursing expenses, transportation expenses, etc.

Legal basis: Article 17 of the Regulations on the Collision and Reform of Work-related Injury Insurance stipulates that 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 Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the Ministry of Social Insurance Administration.

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, his close relatives or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the 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.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If the injured employee is unable to perform the original job, it is not a situation of "forced resignation", and the employee who voluntarily resigns cannot receive economic compensation.

There is compensation for resignation due to work-related injury, and the termination of labor relations can enjoy one-time work-related injury medical subsidy and one-time disability employment subsidy, and work-related injury benefits include:

1) Work-related injury medical treatment and treatment. Including work-related injury treatment, sexual treatment, installation and configuration of assistive devices, and related subsidies.

2) Leave of absence with pay benefits. If an employee needs to suspend work due to a work-related injury and accept **, the original salary and benefits shall remain unchanged; Those who are unable to take care of themselves can also enjoy nursing treatment.

3) Disability benefits. According to different levels of disability, employees with work-related injuries can enjoy one-time disability allowance, disability allowance, one-time work-related injury medical subsidy, disability employment subsidy and living care expenses.

4) Work-related death benefits. If an employee dies on the job, his immediate family members may receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy in accordance with regulations.

The employer is required to compensate for the resignation of the employee after a work-related injury. The fact that an employee suffers an accidental injury occurs during the existence of the labor relationship, except for the one-time disability employment subsidy, the one-time disability medical subsidy, and the salary and benefits during the period of suspension of work, the employee's other work-related injury compensation items are not necessarily related to the resignation, and will not have any substantial impact on the employee's work-related injury treatment due to the employee's resignation. According to Article 36 of the Regulations on Work-related Injury Insurance, upon the request of the injured employee, the employee may terminate or terminate the employment relationship with the employer, and 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 employment subsidies for one-time disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. Article 36 of the "Regulations on Work-related Injury Insurance" If an employee is identified as a grade 5 or 6 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 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, 60% of the salary for the sixth grade disability, and the employer shall pay all 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 employment 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.