In the event of a work injury, return to the factory or not to return to the factory?

Whether you want to terminate the employment relationship, or mainly ask for compensation, you can ask for compensation and terminate the employment relationship at the same time.

It's best to go back and complete all the formalities, work-related injury identification and compensation, and get what belongs to you!

Legal analysis: Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries. It is not legal for a factory to be called to work while recovering from a work injury.

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 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 Naxiao medical institution that has signed the lead service agreement shall be paid from the work-related injury insurance** if it meets the requirements.

Legal basis: Regulations on Work-related Injury Insurance Article 14 If an employee has any of the following circumstances, he or she shall be recognized as a work-related injury

1) Being injured in an accident during working hours or 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) Suffering violence or other accidental injuries during working hours and in places where liquids are sold during working hours and in places where work is sold;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

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

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 Employees injured at work shall receive a one-time medical subsidy for work-related injuries.

and a one-time disability employment subsidy, they will 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 another work-related injury, the jujube peel shall be in accordance with the "Regulations".

and the procedures provided for in these Measures to re-perform the determination of work-related injuries.

and the labor ability appraisal procedures, and according to the new identification and appraisal conclusions, enjoy work-related injury insurance benefits.

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.

Legal Analysis]: If the employee has not terminated the labor relationship with the unit, he cannot work in other units, and it has nothing to do with whether the appraisal is carried out. Regardless of whether the work-related injury appraisal has been completed or not, it is necessary to terminate the labor search relationship with the original employer before going to work in another unit.

Among them, the treatment of the suspension period with pay is until the day of the appraisal result. Therefore, as long as the labor relationship is terminated, you can go to work in another unit. During the period of work-related injury determination, employees are not allowed to work in other companies.

Because the employment relationship has not been terminated, it is necessary to obtain the consent of the company where the employment relationship is located to work for another company. Article 39 of the Labor Contract Law stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

In addition, the work-related injury certificate has not been completed, and the company can be required to pay the employee's wages and benefits during the rest period. Therefore, if an employee goes to work elsewhere during the period of work-related injury determination, it is a violation of the Labor Contract Law.

Legal basis]: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the national limit: (1) Medical expenses and expenses of work-related injuries; (2) Hospitalization meal allowance; (3) Transportation, food and lodging expenses for medical treatment outside the area of consideration; (4) The cost of installing and configuring assistive devices for the disabled; (5) Where they are unable to take care of themselves, the living care expenses confirmed by the Labor Skills Determination Committee; (6) a one-time disability subsidy and a monthly disability allowance for disabled workers of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) Where a person dies on the job, the funeral subsidy, the pension for supporting relatives and the subsidy for the loss of life due to work received by the surviving family members; (9) Labor ability judgment fee.

Article 39 The following expenses incurred as a result of missing search injuries in the workplace shall be paid by the employer in accordance with the national limit: (1) Salary and benefits during the period of work-related injury; (2) The monthly disability allowance received by disabled workers in Grade 5 and Grade 6; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Of course, you can continue to work in the company.

Summary. Hello, happy to answer that question for you!

If it is still necessary after the identification of the work-related injury, the factory will be responsible for it, and the work-related injury will continue to pay the relevant expenses.

Regulations on Work-related Injury Insurance

Article 38 Employees who are injured at work and whose need is confirmed to be in need of work-related injuries shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.

Chapter 5 Work-related injury insurance benefits.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their work shall enjoy medical treatment for work-related injuries.

After the work-related injury appraisal is completed, the factory will not take care of it.

Hello, happy to answer that question for you! If it is still necessary after the work-related injury identification, the factory is responsible, and the work-related injury will continue to pay the cost of Xiangzao Huaiguan. Article 38 of the "Regulations on Work-related Injury Insurance" provides that if an employee is injured at work, if it is confirmed that he needs it, he or she shall enjoy the work-related injury benefits stipulated in Articles 30, 32 and 33 of these Regulations.

Chapter 5 Suijing Work-related Injury Insurance Benefits Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

The work-related injury expenses have been compensated, and the employer still needs to continue to be responsible for the medical expenses and so on.

Hello, as long as the follow-up needs **, the relevant costs will be borne by the factory.

The company said that if the injury process is completed, the money will be lost, and the follow-up patients will not be cared for.

In most cases, the company will ask you to sign the relevant agreement to avoid future disputes. But in the case of follow-up, the company needs to be responsible.

However, after the lump sum compensation for work-related injuries, you will no longer be entitled to work-related injury insurance benefits. The injured employee and the unit where the accident injury is located have been terminated or terminated, and have received a one-time medical subsidy and employment subsidy for the worker, and the work-related injury insurance relationship has been terminated, and the old injury or other diseases caused by the work-related injury are no longer entitled to work-related injury insurance benefits, and the work-related injury insurance is no longer responsible for the original unit.

Okay thank you.