What about quitting a job after a work injury? Can I quit my job during a work injury?

Updated on society 2024-06-02
12 answers
  1. Anonymous users2024-02-11

    If the company admits that you are injured at work, then this is almost useless, if you want to solve it according to the procedure, then go to the labor bureau to apply for arbitration, but it will take more than half a year, or even more than 1 year. If you want to solve it quickly, then directly take your discharge summary and case to a lawyer and forensic doctor to consult your injury and compensation level, and negotiate with the factory to understand the specific amount at one time.

    You can go to the appraisal yourself, the factory needs to give you a living allowance every month before you quit, and the chance of compensation after quitting is very slim.

    The results still depend on the attitude of the boss of the company.

  2. Anonymous users2024-02-10

    The employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee at the level of the city divided into districts, and provide the relevant information on the determination of the work-related injury and the medical treatment of the employee's work-related injury" - so they can go to the appraisal by themselves.

    The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal. "You can understand a little bit about some of the problems in this time.

    When your disability is assessed as grade 7 to 10, "the employer or individual proposes to terminate the labor contract, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with relevant local regulations" - this shows that if you want to get compensation from the employer, you must have a disability level appraisal to him, that is, first appraisal and then compensation (compensation before terminating the labor relationship), and your situation is that you want to terminate the labor relationship first and then appraisal, rather than being upside down, so all this becomes difficult to say.

    That's all I can help.

  3. Anonymous users2024-02-09

    1. If your case is determined to be a work-related injury after the end of medical treatment, you or your close relatives shall apply to the Municipal Labor Ability Appraisal Committee within 30 days after the work-related injury determination is made. During the application process, if the employer does not agree to the injured person's work-related injury appraisal, then you must prove your employment relationship with the enterprise with the labor contract signed with the enterprise before you can apply for the work-related injury appraisal.

    2. After the appraisal, the factory will still give you work-related injury benefits and make necessary compensation. For example, medical expenses and wages during the medical treatment period, etc.

  4. Anonymous users2024-02-08

    There should be a time limit for the appraisal of work-related injuries, and you can't just think about your own convenience. In addition, the factory will not continue to buy insurance for you after you quit your job, which will affect your social security compensation.

  5. Anonymous users2024-02-07

    There is only one sentence, and you will no longer be cared for in the resignation factory.

  6. Anonymous users2024-02-06

    Legal Analysis: It is possible to resign. After the termination of the employment relationship, you can ask for a one-time medical subsidy and a one-time employment subsidy.

    If you don't need to resign before you get the notice of labor ability appraisal conclusion, you don't want to go to work, and you can't go to work. If you have obtained the work-related injury certificate and the labor ability appraisal banquet consultation notice, you can ask the company to pay the work-related injury benefits, and then resign is more convenient.

    Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to 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 shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

    If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. 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.

  7. Anonymous users2024-02-05

    Yes, work-related injuries do not affect resignation.

  8. Anonymous users2024-02-04

    You can look it up in the Civil Code.

  9. Anonymous users2024-02-03

    Summary. Hello dear, it's an honor to answer for you; You can resign without affecting your application for work-related injury benefits. However, there is no need to resign before getting the notice of labor ability appraisal conclusion, and if you don't want to go to work, it's okay not to go; After obtaining the work-related injury certificate and the notice of labor ability appraisal conclusion, it is easier to resign if the company is required to pay the work-related injury benefits.

    Hello dear, it's an honor to answer for you; You can resign without affecting your application for work-related injury benefits. However, there is no need to resign before the notice of the appraisal conclusion of the labor ability, and it is okay not to go to work if you don't want to; After obtaining the work-related injury certificate and the notice of labor ability appraisal conclusion, it is easier to resign if the company is required to pay the work-related injury benefits.

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

    The specific standards for one-time work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of Fuzhi City, which are directly under the central government. Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly to all employees of the unit by renting a seat in a single-wheel hall. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work.

    If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

  10. Anonymous users2024-02-02

    Legal analysis: After leaving the company for work-related injuries, they should receive a one-time disability allowance, work-related injury disability allowance and living care expenses. The one-time disability subsidy is a one-time disability subsidy for employees with disabilities of grades 1 to 10, and the salary is 24 months to 6 months.

    The disability allowance ranges from 90 to 75 per cent of the monthly subsidy salary of employees with disabilities of grades 1 to 4. According to three different levels, the living care expenses are subsidized by 50% to 30% of the average monthly salary of employees in the overall planning area in the previous year. Employees injured at work-related injuries shall receive them in a timely manner.

    Legal basis: Social Insurance Law of the People's Republic of China

    Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient. Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

    1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time comic disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

  11. Anonymous users2024-02-01

    Legal analysis: When a work-related injury employee leaves the company, he or she shall receive a one-time disability allowance, a disability allowance and living care expenses.

    Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees should seek medical treatment in the medical institution that has signed the 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 injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, 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 prescribed 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 certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the injured 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. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

  12. Anonymous users2024-01-31

    It is possible to resign. After the termination of the employment relationship, you can claim a one-time medical subsidy and a one-time employment subsidy.

    If you don't need to resign before you get the notice of the conclusion of the labor ability appraisal, and you don't want to go to work, it's okay not to go; If you have obtained the work-related injury certificate and the notice of the conclusion of the labor ability clearance, you can ask the company to pay the work-related injury benefits, and then resign is more convenient.

Related questions
10 answers2024-06-02

You can apply for resignation, but it is illegal for the unit to not handle it due to work-related injuries! >>>More

7 answers2024-06-02

After resignation, you can get a work-related injury appraisal. An injured employee or his close relatives or a trade union organization may, if the employer has not applied for it, apply for a work-related injury recognition within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease; Apply for labor ability appraisal after the injury is relatively stable. >>>More

7 answers2024-06-02

1. There are three situations in which an individual proposes to resign: >>>More

8 answers2024-06-02

If you can't go to work and are still in the medical treatment period, you can refuse to sign a labor contract, and you are enjoying work-related injury insurance benefits. >>>More

8 answers2024-06-02

1.The injured employee may apply for termination of the extended labor contract and request the employer to pay the corresponding work-related injury benefits. >>>More