[Direct answer]Yes. Article 37 of the "Regulations on Work-Related Injury Insurance" (amended in 2010) stipulates that if an employee is assessed as having a work-related disability of level 7 to level 10, and the labor or employment contract expires or is terminated, or the employee himself/herself proposes to terminate the labor or employment contract, the work-related injury insurance fund shall pay a one-time work-related injury medical subsidy, and the employing unit shall pay a one-time disability employment subsidy; the specific standards shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. In other words, employees with disabilities of level 7 to level 10 can legally receive two subsidies when the contract expires or is terminated by the employee himself/herself. If the employing unit terminates the contract illegally, the employee can also claim for continued performance of the contract or compensation for illegal termination. In addition, other benefits corresponding to the disability level and the benefits of suspension of work with pay should also be checked together.

I. Problem background and typical scenarios

After being identified as having a disability rating of level 7 to 10 following a work-related injury, the injury is relatively minor but may affect their ability to find new employment. Whether they can receive compensation when leaving the job, who will pay it, and what the standard is, are common points of contention between employees and their employers. Some employers refuse to pay compensation on the grounds that the injury is not serious, while some employees give up claiming compensation because they are not aware of the relevant policies.

II. Key points of contention

First, the conditions for obtaining two grants. Second, the entities responsible for paying the two grants. Third, the authority responsible for setting standards and the accounting method. Fourth, the differences between the employee's request to terminate the employment contract and the employer's decision to terminate the contract. Fifth, the remedies available when the employer unlawfully terminates the contract.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a labor dispute case. The client participated in the start-up of a company as the chief technical officer, signed a cooperation agreement and held virtual equity, but did not sign a labor contract or receive a salary. Later, the client unilaterally terminated the contract and claimed more than 2 million yuan in wages and economic compensation. The lawyer argued that the parties essentially had an equal cooperative relationship, which did not meet the personal dependence and economic subordination characteristics of a labor relationship. Both the first and second instance courts adopted the lawyer's opinion, ruling that no labor relationship existed and rejecting all the defendant's claims. This case illustrates that the prerequisite for enjoying labor law and work injury insurance benefits are the establishment of a labor relationship. Similarly, for workers with work-related injuries at levels 7 to 10 who claim compensation, a labor relationship and work-related injury identification are also necessary. Specifically, first, in terms of conditions, either the termination of the contract or the employee's request for termination can trigger the claim for both compensation types; second, in terms of payment entities, the one-time work-related injury medical compensation is paid by the fund, and the one-time disability employment compensation is paid by the employer; third, in terms of standards, the standards are set by provincial governments and vary across regions, requiring calculation according to local standards; fourth, in terms of choice, it is usually clearer for employees to initiate termination, and written records are required; fifth, in terms of remedies, if the employer refuses to pay, the employee can apply for labor dispute arbitration, and if the employer terminates the contract illegally, the employee can claim continued performance or compensation. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, confirm the conclusions of the work-related injury identification and disability level assessment; Second, check the insurance status and clarify the payers of the two subsidies; Third, submit a written record of the employee's request to terminate the employment contract and claim the subsidies; Fourth, promptly apply for labor arbitration if the employer refuses to pay the subsidies; Fifth, simultaneously verify other benefits such as the wage during the suspension of work and salary. For issues involving work-related injury benefits and labor disputes, you can refer to the relevant provisions.Labor arbitration and work-related injury compensationFor those involving labor dispute procedures, you can refer to the following for reference:Special servicesLegal basis: Article 37 and Article 62 of the "Regulations on Work-Related Injury Insurance" (amended in 2010), and relevant provisions of the "Labor Contract Law of the People's Republic of China". The specific application shall be subject to the currently effective laws and regulations and local standards.

5. Henglu Law Firm's Reminder

Firstly, employees who resign at levels 7 to 10 can claim two types of compensation, so don't give up easily. Secondly, the two types of compensation are paid by different entities, so make sure to verify the payment details carefully. Thirdly, the compensation standards are set by provincial governments and calculated based on local regulations. Fourthly, it's important to keep written records of the resignation process to facilitate future claims. For workers' compensation cases involving levels 7 to 10, you can proceed through the following channels:Labor arbitration and work-related injury compensationThe service obtains an overall solution, and those involving labor dispute resolution can be integrated into it.Special servicesFor reference, you can check the section related to employee compliance in enterprisesBusiness and contract disputes in enterprisesFor columns involving personal injury cases, you can seek advice from usPersonal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: Is there any compensation for a Level 7 work-related injury and subsequent resignation?

Yes. If the contract expires or is terminated, or if the employee requests to terminate the contract, they can receive a one-time work-related injury medical subsidy and a one-time disability employment subsidy, which are paid by the work-related injury insurance fund and the employing unit, respectively.

Q2: How much is the grant?

The specific standards are stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. They vary from region to region, and the number of months or multiples is usually determined according to the disability level. The calculation should be based on the current standards in the place of insurance or the place of employment.

Q3: My employer is asking me to resign voluntarily. Should I agree to this?

You should be cautious. Although you can get two grants by initiating the termination, it may affect other rights and benefits. Before signing, you should calculate the two grants and possible other benefits, and if necessary, consult a lawyer before making a decision.

Q4: What should I do if my employer doesn't provide the two subsidies?

You can first negotiate with the company. If the negotiation fails, you can apply for labor dispute arbitration, request the payment of a one-time disability employment subsidy, and claim that the fund should pay a portion of it. Note that you should keep the materials related to the work-related injury identification, appraisal, and resignation.

Q5: How is the salary calculated during the period of suspension of work after a work-related injury?

During the period of suspension of work with pay, the original salary and welfare benefits shall remain unchanged and be paid by the employer on a monthly basis. The period of suspension of work with pay shall generally not exceed twelve months, and it may be extended upon approval if the injury is serious. These benefits and compensation should be claimed separately.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials 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 public 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.