[Direct answer]Generally, they cannot receive them simultaneously. According to Article 35 of the Regulations on Work-Related Injury Insurance, if a worker is identified as having a work-related disability of level I to level IV, they will maintain their labor relationship, retire from their job, and receive a one-time disability compensation and a monthly disability allowance; after the worker reaches the retirement age and completes the retirement procedures, the disability allowance will be discontinued, and they will enjoy basic old-age insurance benefits in accordance with relevant national regulations; if the basic old-age insurance benefits are lower than the disability allowance, the work-related injury insurance fund will make up the difference. In other words, after reaching the retirement conditions, the disability allowance will be converted into a pension, and the two are not overlapping but a connected relationship, with the fund making up the difference. Action guidance: When approaching retirement, timely handle the connection procedures, verify the calculation standards of the benefits, and ensure that the difference is fully compensated.

1. Problem background and typical scenarios

For workers with work-related injuries at levels 1 to 4 who have been receiving long-term disability allowances, the most pressing concern when they approach retirement is whether they can receive both pensions and disability allowances, and whether their benefits will decrease after the conversion. A typical scenario is that when workers reach retirement age, their employers or social security agencies require them to retire, but the workers worry that "their benefits will decrease after the conversion"; or they are unclear about the calculation standards for making up the difference. Understanding the connection rules is essential to avoid any loss of benefits.

II. Key points of contention

Firstly, the nature and relationship between disability allowances and pensions; Secondly, the rules for converting benefits after reaching retirement age; Thirdly, the applicable conditions and calculation of the supplementary payment; Fourthly, the differences in benefits for workers with different disability grades. The core is that the benefits are transformed from "allowances" to "pensions", and the shortage part is made up by the fund.

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling work-related injury compensation cases is that the key to ensuring seamless compensation is to focus on the three key points of "cessation of payment, conversion, and compensation for the difference". Firstly, workers with disabilities at levels I to IV retain their labor relations but retire from work, receiving monthly disability allowances determined based on their disability levels. After reaching retirement age and completing the retirement formalities, the disability allowances are discontinued and replaced by basic pension insurance benefits in accordance with national regulations, reflecting the logical connection between work-related injury insurance and pension insurance. Secondly, to avoid a drop in compensation, the law stipulates that if the basic pension insurance benefits are lower than the disability allowances, the difference shall be made up by the work-related injury insurance fund, ensuring that the actual compensation level of workers will generally not be lower than the original disability allowances. Thirdly, attention should be paid to the differences in treatment for different disability levels: workers with disabilities at levels V and VI are arranged with appropriate jobs by their employers, and those who cannot be accommodated will receive monthly disability allowances; for levels VII to X, there are no long-term disability allowances, mainly involving one-time subsidies and compensation upon termination. In practice, workers often face confusion about how their compensation is calculated after retirement, when the difference will be made up, and who will pay it. It is recommended to verify their own payment periods, payment bases, and compensation calculation methods with social security agencies in advance when approaching retirement, and to submit written applications or inquiries regarding the compensation supplementation. If they have objections to the assessment results, they can apply for review or assert their rights through administrative appeals or litigation. In Beijing, when handling such compensation transitions, authorities typically require complete materials and standardized procedures. Workers should retain their disability assessment conclusions, compensation payment records, and retirement approval materials. It should be noted that the choice and connection between disability allowances and pensions involve long-term interests. It is recommended to verify the calculation standards with the assistance of lawyers or professionals to avoid compensation losses due to procedural or standard issues.

IV. Practical Suggestions and Legal Basis

The first step is to verify the payment period, payment base, and pension benefit calculation in advance when approaching retirement. The second step is to handle the retirement procedures in accordance with regulations and confirm the connection point between the discontinuation of disability allowances and the commencement of pension payments. The third step is to check whether the basic pension insurance benefits are lower than the disability allowances, and apply for a supplementary payment if eligible. The fourth step is to promptly apply for a review or seek legal remedies if there are objections to the verification results. The main legal basis: Articles 35 and 36 of the "Regulations on Work-Related Injury Insurance" (amended and implemented on January 1, 2011), and relevant provisions of the state on basic pension insurance benefits. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Remember three words: suspension, conversion, and compensation. Disability allowances are converted into pensions, and the lower part is compensated by the fund. This doesn't count as duplicate receipt, and there's no need to worry about "less money after the conversion". For issues involving work-related injury benefits and labor disputes, you can seek help through legal channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; the aspects related to compensation and the implementation of treatment can be integrated togetherCreditor's rights and debts, and enforcementPlate; for cases involving personal injury, you can refer to the relevant provisions.Personal injury and medical disputes; For matters involving enterprises and general laws, please feel free to consult usIntellectual property protection and corporate lawOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Can I receive both the disability allowance and the pension at the same time?

Generally, it is not allowed to receive both at the same time. After the workers with work-related injuries at Levels I to IV reach the retirement age and go through the retirement procedures, the disability allowance will be discontinued, and they will instead enjoy the basic pension insurance benefits in accordance with national regulations; if the pension is lower than the disability allowance, the difference will be made up by the work-related injury insurance fund, and the actual benefit level will not be reduced.

Q2: What materials are required for handling the transfer of benefits?

These usually include the conclusion of the labor capacity assessment, the decision on the identification of work-related injuries, the record of the issuance of disability allowances, the record of social insurance payments, and the identity proof and materials for retirement approval. Having all these materials in hand will help ensure the smooth verification and processing of the supplementary payment.

Q3: How much does it cost to resolve such treatment issues?

Consultation and accounting are usually charged on a per-item basis. If there are disputes over the determination of compensation and the applicant applies for reconsideration or litigation, the fees will be determined based on the complexity and workload of the case. It is recommended to first verify the calculation standards and only initiate formal procedures when necessary.

Q4: How long does it take from processing the retirement to ensuring the continuity of benefits?

Depending on the process of the social security agency and the completeness of the materials, it is usually approved within the prescribed time limit after the application is accepted. It is recommended to prepare the materials in advance and set aside time to avoid a gap in the payment of benefits.

Q5: What should I do if I'm not satisfied with the result of the salary assessment?

You can first apply to the social security agency for a review and submit additional materials. If you still have objections, you can apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. It is recommended to keep the determination notice, the issuance records, and the communication materials to facilitate the assertion of rights.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.