Legal basis: Regulations on Industrial Injury Insurance
Thirty-third workers who are disabled due to work are identified as first-class to fourth-class disabilities, retain their labor relations, quit their jobs, and enjoy the following benefits:
(1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the level of disability, and the standards are: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 month's salary for fourth-class disability; (2) Pay monthly disability allowance from the industrial injury insurance fund. The standard is: 90% of my salary for first-class disability and 90% of my salary for second-class disability. If the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference. (3) After the workers with work-related injuries have reached retirement age and gone through retirement formalities, they will stop issuing disability allowances and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.
If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.
Thirty-fourth workers who are disabled due to work are identified as five or six disabled, and enjoy the following benefits:
(1) Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level. The standard is: my salary is level 5 disability 16 months, level 6 disability 14 months. (2) Maintain labor relations with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to 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 employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-fifth workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following benefits:
(1) Pay a one-time disability allowance from the industrial injury insurance fund according to the disability level. The criteria are: level 7 disability 12 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months. (2) If the labor contract expires, or the employee proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.