Can you receive a disability allowance after a work injury? These two types of injured workers can enjoy it →

Disability benefits are a reasonable compensation for income loss due to work-related injury and disability.

Can I receive disability benefits if I get injured at work?

Getting injured at work does not automatically qualify you for disability benefits. It depends on the specific assessment level. According to the “Work Injury Insurance Regulations,” there are two categories of injured workers eligible for disability benefits. Workers who are diagnosed with a disability level from Grade 1 to Grade 4, retain their employment relationship, leave their jobs, and enjoy related benefits including disability allowances.

The work injury insurance fund pays disability allowances monthly, with the following standards: Grade 1 disability at 90% of the worker’s salary, Grade 2 at 85%, Grade 3 at 80%, and Grade 4 at 75%. If the actual disability allowance is below the local minimum wage standard, the work injury insurance fund makes up the difference.

When injured workers reach retirement age and complete retirement procedures, disability allowances are discontinued, and they receive basic pension insurance benefits according to national regulations. If the basic pension is less than the disability allowance, the work injury insurance fund makes up the difference. Workers diagnosed with a disability level from Grade 1 to Grade 4, due to work injury, and who retain their employment relationship, will have their disability allowance used as the basis for paying basic medical insurance premiums by the employer and the worker.

Workers diagnosed with Grade 5 or Grade 6 disabilities due to work injury retain their employment relationship with the employer. If the employer finds it difficult to arrange work, they will pay the disability allowance monthly.

Standards are as follows: Grade 5 disability at 70% of the worker’s salary, Grade 6 at 60%, and the employer pays the required social insurance contributions accordingly. If the actual disability allowance is below the local minimum wage, the employer makes up the difference.

Are disability allowances paid entirely by the work injury insurance fund?

Different levels of disability have different paying entities.

Disability allowances for workers with Grade 1 to Grade 4 injuries are paid by the work injury insurance fund.

For workers with Grade 5 and Grade 6 disabilities who find it difficult to work, the disability allowance is paid by the employer.

Are disability allowances permanent?

Disability allowances are subject to timely adjustments based on circumstances.

Article 40 of the “Work Injury Insurance Regulations” states that disability allowances, support allowances for dependents, and living care expenses are adjusted as needed by the social insurance administrative departments in the designated regions, based on changes in the average wages and living costs. The adjustment methods are specified by provincial, autonomous region, and municipal governments.

The “Guiding Opinions on the Adjustment and Determination Mechanism of Work Injury Insurance Benefits” (Ministry of Human Resources and Social Security Document No. 58 [2017]) further clarifies the principles and formulas for adjusting work injury insurance benefits, including disability allowances.

(Source: Ministry of Human Resources and Social Security)

(Source: CCTV News App)