[Direct answer]In the Beijing area, injured workers can voluntarily resign and are entitled to a one-time subsidy according to law. According to Articles 36 and 37 of the "Regulations on Work-Related Injury Insurance", workers who have been identified as having a disability rating of 5 to 10 may, upon their own initiative, terminate or discontinue their labor relationship with their employer. The work-related injury insurance fund will pay a one-time work-related injury medical subsidy, and the employer will pay a one-time disability employment subsidy. However, workers with disabilities rated from Level 1 to Level 4 may not terminate their labor relationships and should maintain their labor relationships, retiring from work until they reach retirement age. Before voluntarily resigning, they should first complete a labor capacity assessment to determine the disability rating and subsidy standards, submit a written request for termination and calculate the amount to avoid missing out on statutory subsidies. For more details, please refer to the relevant regulations.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Work-related injury victims often resign voluntarily after their condition stabilizes, wanting to change their environment, return to their hometown, or because the position in the unit is no longer suitable for them to continue working. Typical scenarios include: workers with level 5 to 10 disabilities seeking new jobs after recovery, fearing that they will lose their subsidies if they resign; units implying that "they won't get subsidies if they don't resign", misleading workers; and workers resigning verbally without undergoing appraisal, only to find out later that they could have received one-time medical and employment subsidies. In practice, many workers equate "voluntary resignation" with "giving up their rights", but in fact, the law specifically grants workers who voluntarily terminate their employment the right to request one-time subsidies. For issues related to subsequent employment and contracts, they can be addressed in conjunction with relevant provisions.Business and contract dispute services for enterprisesJudgment.

II. Key points of contention

There are three main points of contention. Firstly, regarding the termination of rights and benefits: for employees at levels 1 to 4, the rights and benefits cannot be terminated and must be retained until retirement; for employees at levels 5 to 10, they can request termination and receive compensation upon their own initiative, and the employer cannot obstruct this. Secondly, regarding the subject and items of compensation: the one-time work-related injury medical compensation shall be paid by the fund, and the one-time disability employment compensation shall be paid by the employer. Both types of compensation must be claimed simultaneously. Thirdly, regarding the method and timing of claiming: it is appropriate to submit the claim in writing, and the compensation shall be settled in full upon the termination of the employment relationship to avoid any delay on the part of the employer. For matters involving benefit calculation, reference may be made to the relevant regulations.Personal injury and medical dispute servicesEvaluation.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling work-related injury resignation cases, the most common problem is that workers "resign first and then apply for compensation". According to Articles 36 and 37 of the "Regulations on Work-Related Injury Insurance", workers at levels 5 to 10 can trigger one-time medical and employment subsidies by themselves if they initiate the termination of the employment contract, but the prerequisite are that they have completed the labor capacity appraisal and confirmed their injury level. Hengluo Lawyers usually suggest: not to resign orally, but to apply for appraisal first and then submit the resignation in writing; to calculate the two one-time subsidies and unpaid benefits at the same time when terminating the contract, and to include them in the resignation agreement; and to arbitrate promptly if the employer refuses to pay the employment subsidies. For cases involving the implementation of subsidies, follow-up actions can be taken accordingly.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 36 of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and amended on December 20, 2010) (levels 5 and 6: the employee may terminate the labor relationship, and the fund will pay medical subsidies, and the employer will pay employment subsidies); Article 37 (the same provisions apply to levels 7 to 10); and the provisions of the "Social Insurance Law of the People's Republic of China" on the payment of work-related injury insurance benefits. Practical suggestions: First, complete the labor capacity appraisal and keep the conclusion; propose to terminate the labor relationship in writing; settle the one-time medical subsidies and employment subsidies and unpaid benefits at the same time when terminating the relationship; check the local subsidy standards and the employee's wage base; and promptly arbitrate if the employer refuses to pay. For cases involving cross-regional issues, relevant provisions can be referred to as needed.Special services and other case servicesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on time and within budget.

5. Hengluo Law Firm's Advice

After a work-related injury, voluntarily resigning does not mean giving up one's rights and benefits. Employees at levels 5 to 10 who initiate termination of the employment contract can actually receive two one-time subsidies. Note that employees at levels 1 to 4 are not allowed to terminate the contract. Forcing a resignation will result in the loss of long-term subsidies. Termination must be done in writing and accompanied by a claim for subsidies to avoid being misled by the statement that "resigning means no subsidies". The employment agreement must specify the amount of subsidies and the payment schedule to prevent the employer from reneging on its obligations later. If verification is needed, it is recommended to rely on professional institutions for assistance.\nProfessional team for work-related injury compensationConfirm the grade and standards, and settle the due subsidies in full.

VI. Frequently Asked Questions

Q1: If I voluntarily resign after a work-related injury, can I still receive compensation?

Yes, but there are grade restrictions. For workers with disabilities at levels 5 to 10 who initiate the termination or dissolution of their labor relationship, they are legally entitled to receive a one-time work-related injury medical subsidy (paid by the fund) and a one-time disability employment subsidy (paid by the employer). This is a statutory right that they can enjoy even if they resign voluntarily. However, workers with disabilities at levels 1 to 4 are not allowed to terminate their relationship and must remain employed until retirement to receive disability allowances. Resigning voluntarily would result in the loss of long-term benefits. Therefore, whether you can receive compensation and what kind of compensation you can receive depends on your disability grade. It is recommended to first undergo a disability assessment before making a decision about whether to stay or leave.

Q2: For an employee who resigns voluntarily due to a work-related injury, what evidence do they need to prepare?

The core evidence includes: the decision on work-related injury identification and the conclusion of labor capacity appraisal (determining the disability level of grade 5 to 10 and the standard of compensation), the written notice of termination or the resignation agreement (proving that the employee initiated the termination and claimed compensation), the labor contract and salary records (calculating the base amount of compensation), social insurance records (confirming the payment channel of the fund), and the communication records showing that the employer failed to pay the employment compensation. The organization of the evidence revolves around the four points of "the employee initiating the termination - disability level - two one-time compensations - the payment subject". With all the materials in place, it is more secure to settle the compensation in one go when leaving the job.

Q3: How much does it cost to resign and receive compensation for work-related injuries?

If the settlement is agreed upon with the employer, there is usually no need for arbitration or litigation fees. If the employer refuses to pay the subsidy and arbitration is required, labor arbitration does not charge fees; the acceptance fee for cases of litigation against the decision is generally only about ten yuan, which is borne by the losing party. Lawyer's fees are calculated based on the complexity of the case and the amount of the claim, and the specific amount is subject to the contract of entrustment. There is no standard pricing. The one-time employment subsidy is calculated based on the disability grade and local standards, and the amount is often considerable, enough to cover the reasonable cost of protecting one's rights. It is recommended to clarify the charging method before entrusting and evaluate the subsidy amount and the cost.

Q4: How long does it take from submitting the resignation notice to receiving the compensation for work-related injuries?

It may take several weeks to negotiate the resignation and settle the compensation. If the employer refuses to pay, arbitration is required, which generally ends within 45 days, and may be extended by 15 days if the case is complex. For litigation, the first-instance simplified procedure takes three months, and the ordinary procedure takes six months; the second-instance takes three months. After the ruling takes effect, if the employer still refuses to pay, enforcement is necessary. Overall, if the negotiation goes smoothly, the compensation can be obtained within a few months, but the dispute or enforcement stage may be prolonged. It is recommended to stipulate the payment deadline in the resignation agreement and keep track of the employer's assets. If necessary, apply for preservation to accelerate the recovery of the compensation.

Q5: I want to resign voluntarily. How should I do it specifically to avoid losing out on my rights and benefits?

Here are the four steps suggested: First, complete the labor capacity assessment to determine the disability grade and the standard of compensation due; Second, submit a written request to the employer to terminate the employment relationship, and specify the two claims for one-time compensation in the document; Third, sign a severance agreement that clearly states the amount and payment schedule for one-time medical compensation and employment subsidies, as well as the settlement of outstanding benefits; Fourth, if the employer refuses to pay, initiate arbitration and apply for enforcement within the statute of limitations. Throughout the process, keep the assessment report, notification, and agreement, and if necessary, hire a lawyer to verify the compensation list to ensure that even if you resign voluntarily, you can still receive the full statutory compensation.

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

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