Can the injured boss still work in the company after paying an employment payment?

Only with the consent of both parties, they can return to their original units to work.

After the injured employee terminates the labor relationship and receives the work-related injury insurance compensation, he or she may return to work at the original employer, but the employer has the right to employ the employee, and the return to work at the original employer must be agreed upon by both parties through consultation and a labor contract must be concluded. However, because the work-related injury insurance relationship has been terminated when the work-related injury employee was terminated before, the work-related injury employee is no longer entitled to any preferential treatment in terms of work-related injury when he returns to work in his original unit, which is no different from that of other ordinary employees.

People of Hubei Province**.

Hubei Provincial Measures for the Implementation of Work-related Injury Insurance

Article 37 After receiving a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability, an injured worker shall no longer enjoy work-related injury insurance benefits.

If an employee with a grade 5 to 10 work-related injury suffers multiple work-related injuries during the continuous employment period of the same employer, a one-time disability employment subsidy shall be calculated and paid according to the highest disability level of the work-related injury in the same employer, and a one-time medical subsidy for work-related injuries shall be calculated and paid respectively.

People of Hebei Province**.

Hebei Provincial Measures for the Implementation of Work-related Injury Insurance

Article 35 After receiving a one-time medical subsidy for work-related injuries and a disability employment subsidy, an injured employee shall no longer enjoy other work-related injury insurance benefits. In the event of a work-related injury again, the work-related injury identification and labor ability appraisal procedures shall be re-performed in accordance with the procedures stipulated in the Regulations and these Measures, and the work-related injury insurance benefits shall be enjoyed according to the new identification and appraisal conclusions.

People of Jiangsu Province**.

Jiangsu Province Measures for the Implementation of the Regulations on Work-related Injury Insurance

Article 29 After an injured employee receives a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability, the work-related injury insurance relationship is terminated, and the Labor Ability Appraisal Committee shall no longer accept his or her application for the review and appraisal of his or her working ability.

If the boss is not tired of you, and the work injury does not affect your work, it is okay.

If you don't leave your job, your boss only needs to pay a lump sum disability allowance, and if your boss doesn't want you to continue working, apply for a lump sum disability employment grant.

If you want to get work-related injury benefits, you must be recognized as work-related injuries, if you are identified as work-related injuries and do not reach the disability level, you can only reimburse the relevant **expenses, ** wages during the rest period.

If you are still working in the factory, you can get compensation, but you can't get subsequent compensation, for example. The money for your work-related injury has exploded, and the lost work expenses, punctual expenses, and nursing expenses during the injury will be compensated to you, but your follow-up money may not give you a lot of money, because you can go to work and work, proving that you don't need money**, including some subsequent living expenses will not be given to you, the main difference is here. So, you can choose a different factory to go to work and get paid for that factory, but don't let things get hurt in another factory until it's not particularly good.

If you continue to work in the factory after the work injury is cured, you can pay money.

The following indemnities can be obtained:

1. Medical expenses and expenses for work-related injuries;

2. Hospitalization meal subsidy;

3. Transportation and accommodation 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. After the end of **, you can apply for work-related injury benefits and get a one-time disability subsidy;

7. Wages during the period of suspension of work;

8. Living and nursing expenses during hospitalization, 9. Hospitalization meal subsidy, 10. Transportation expenses incurred for medical treatment, 11. Accommodation expenses incurred for medical treatment.

Amendment to the Regulations on Work-related Injury Insurance (Draft for Review) 1. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

2. If an employee is injured in an accident or suffers from an occupational disease 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 unit on a monthly basis. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury (if the work-related injury recognition is not applied for more than one year, the compensation cannot be obtained through work-related injury);

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability;

4.If the employer does not fulfill the above obligations, the injured employee can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect his legitimate rights and interests.

If you continue to work in your original employer after a work-related injury, you will be able to receive compensation such as salary, reimbursement of medical expenses, appropriate living care expenses, and one-time disability allowance. However, it should be noted that the disability of the employee must meet the conditions for work-related injury recognized by the labor department, and must be recognized by the labor administrative department of the city. Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

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 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. Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: If the employer participates in work-related injury insurance for the employee, the work-related injury insurance** shall be responsible for compensating the relevant items after the employee suffers a work-related injury, and the employer shall compensate for the items for which the employer is responsible for compensation as stipulated by law; If the employer does not provide the employee with work-related injury insurance, the employer shall be responsible for compensating the employee for all the compensation items stipulated by the work-related injury compensation law. Items paid by the employer:

Suspension wages for the injured employee**; After the disability assessment of the injured employee, the disability allowance for the fifth and sixth grade disability, the one-time disability employment subsidy for the fifth to tenth grade disability, and the on-the-job disability subsidy shall be paid by the employer. If the employer does not agree to the employee's participation in work-related injury insurance, the items that are paid by the work-related injury insurance according to the law shall also be paid by the employer.

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 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 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 by the injured employee to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance, and the specific standard of Yuhui** payment shall be stipulated by the people of the overall planning 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 expenses for the injured employee to accompany the work-related injury to the medical institution that has signed the service agreement shall be paid from the work-related injury insurance** if the requirements are met.

Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Legal analysis: If you are still working in your original employer, you can only receive disability allowance, not medical allowance and employment allowance. This also counts as compensable.

The appraisal of work-related injuries in a broad sense includes the appraisal of working ability and the appraisal of the disability level, and the appraisal of work-related injury in the narrow sense refers to the appraisal of the disability grade. Labor ability appraisal, also known as labor demolition appraisal, refers to the identification and assessment made by the relevant departments in medicine when the labor ability of the worker is damaged to varying degrees due to various reasons in the production work, resulting in the partially, mostly or completely incapacitating of the worker. Under normal circumstances, China's labor ability appraisal work is only responsible for the identification of labor ability caused by work-related injuries or illnesses.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 disability 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 is:

Grade 7 disability is 13 months' salary, Grade 8 disability is 11 months' salary, Grade 9 disability is 9 months' salary, and Grade 10 disability is 7 months' salary; (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.