14Evidence A

After injuries stabilize, undergo a work capacity assessment; disability grades translate directly into compensation

After injuries stabilize, a work-capacity assessment turns grade directly into money. The lump-sum disability benefit uses your own wage: grade 5 — 18 months, grade 6 — 16 months, grade 7 — 13 months. Grade 8 — 11 months, grade 9 — 9 months, grade 10 — 7 months. Do not sign a “one-time settlement” agreement before the assessment result is out.

Cost

There is no monetary cost. However, completing the work ca…

Benefit

One-time disability benefits are paid out as a lump sum, calculated based on the individual’s own salary and t…

Cost

There is no monetary cost. However, completing the work capacity assessment process takes some time.

Benefit

One-time disability benefits are paid out as a lump sum, calculated based on the individual’s own salary and their disability grade. For Grade 5, this equals 18 months’ salary; for Grade 6, 16 months’; for Grade 7, 13 months’; for Grade 8, 11 months’; for Grade 9, 9 months’; and for Grade 10, 7 months’.

Original sources

工伤保险条例第二十一条「经治疗伤情相对稳定后存在残疾、影响劳动能力的,应当进行劳动能力鉴定」;第二十二条「劳动功能障碍分为十个伤残等级,最重的为一级,最轻的为十级」;第三十六条五、六级待遇(一次性伤残补助金 18/16 个月本人工资,保留劳动关系,由单位安排适当工作;难以安排工作的,单位按月发给本人工资 70%/60% 的伤残津贴);第三十七条七至十级待遇(13/11/9/7 个月本人工资). https://www.gov.cn/gongbao/content/2011/content_1778064.htm

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Book note

For Grades 5 and 6, the employment relationship is preserved and the employer must assign appropriate work; if suitable work is difficult to arrange, the employer must pay a monthly disability allowance. For Grades 7 through 10, if the contract expires or the employee resigns, two additional payments are due: a lump-sum medical subsidy for work injury paid by the insurance fund, and a lump-sum disability employment subsidy paid by the employer, with exact amounts set at the provincial level. Do not sign a "full and final settlement" agreement before the assessment results are officially released. Assistive devices like prosthetics or wheelchairs must be approved in advance by the Labor Capacity Assessment Committee; see Section 33, Item 7 (check with your county-level Disabled Persons' Federation for full details).

My note