15Evidence A

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

Once injuries have stabilized, a work capacity assessment can be done, and the resulting disability grade translates directly into compensation. One-time disability benefits are calculated based on the individual’s own salary: Grade 5 equals 18 months’ salary, Grade 6 equals 16 months’, Grade 7 equals 13 months’, Grade 8 equals 11 months’, Grade 9 equals 9 months’, and Grade 10 equals 7 months’. Before the assessment results are finalized, do not sign any “one-time settlement” agreements.

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,按月伤残津贴为本人工资的 70%/60%);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

Open source link
Book note

Workers with Grades 5 and 6 retain their employment status and continue to receive disability allowances each month from their employer. For those with Grades 7 through 10, upon contract expiration or voluntary termination, two additional payments apply: a one-time work injury medical allowance paid by the fund, and a one-time disability employment allowance paid by the employer; exact amounts are set by provincial regulations. Before the assessment results are finalized, do not sign any “one-time settlement” agreements.

My note