[Direct answer]It depends on the circumstances. If the worker himself proposes to terminate or dissolve the labor relationship, he generally cannot claim economic compensation for the termination of the labor contract, but he can claim a one-time work-related injury medical subsidy (paid by the work-related injury insurance fund) and a one-time disability employment subsidy (paid by the employer) in accordance with Articles 36 and 37 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011); if the worker is forced to terminate the labor relationship due to the employer's failure to pay the labor remuneration in full and on time or to pay social insurance premiums in accordance with the law, he can claim economic compensation in accordance with Articles 38 and 46 of the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012), and the compensation shall be calculated at one month's salary for each year of service.

1. Problem background and typical scenarios

When injured workers leave their jobs, they are usually most concerned about two things: whether the disability benefits have been settled and whether they can receive additional compensation upon leaving. In practice, there are three common scenarios: first, workers with level 5 or level 6 disabilities initiate the termination or dissolution of the labor relationship; second, workers with level 7 to level 10 disabilities terminate the contract upon its expiration or initiate the dissolution themselves; third, workers who have been recognized as having work-related injuries but are forced to terminate the relationship due to the employer's long-term unpaid wages and non-payment of social insurance. The legal basis for claims in these three scenarios is completely different. If they are lumped together and claimed simultaneously, they will often be divided and dismissed during the dispute summary stage after the arbitration case is registered.

II. Key points of contention

First, who initiates the termination. The institutional logic of economic compensation is to compensate for the termination of the labor relationship caused by the employer, which is usually not within the scope of payment unless there are statutory circumstances. Second, the nature of the two subsidies. The one-time work-related injury medical subsidy and the one-time disability employment subsidy belong to work-related injury insurance benefits, which are separate from the termination of economic compensation and can be claimed concurrently. The specific standards are stipulated by provinces, autonomous regions, and municipalities directly under the Central Government, and the Beijing area follows the current local regulations. Third, whether they can be overlapped. If the termination simultaneously meets the statutory circumstances of forced termination, the work-related injury benefits and economic compensation are not mutually exclusive and can be claimed concurrently. Fourth, whether the prerequisites are satisfied. Regardless of which subsidy is claimed, it is necessary to first confirm that the labor relationship and the fact of work-related injury exist, otherwise there will be no basis for the right of claim.

III. Professional analysis by Henglue Lawyers

We have handled a high-value claim case arising from the determination of labor relations. Liu Lei participated in the start-up of Beijing Company A as the chief technical officer and signed a "Cooperation and Operation Agreement" with the legal representative and a third party, agreeing to hold 20% of the virtual equity. Subsequently, a labor contract was supposed to be signed, but the two parties never signed a labor contract, and the company never paid Liu Lei's salary. In April 2023, Liu Lei issued a "Notice of Forced Termination of Labor Relationship" on the grounds of unpaid compensation and failure to provide working conditions, demanding the recognition of the existence of labor relations and claiming a total of 2.12 million yuan in wages, economic compensation for terminating the labor contract, and the difference in wages at twice the normal rate. Company A appointed our firm's lawyers to defend against the lawsuit, with the core defense being that the two parties were only in an equal cooperative relationship. The lawyers focused on the two essential elements of labor relations - personal dependence and economic subordination, pointing out that Liu Lei participated in the company's decision-making as a shareholder, arranged his own working hours, earned income from dividends based on virtual equity rather than fixed wages, and maintained his social insurance relationship with another unit, lacking the factual basis for being subject to the employer's labor management. The first-instance court adopted this view, determining that there was no labor relationship between the two parties and dismissing all claims. After Liu Lei appealed, the second-instance court upheld the original judgment. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. The result shows that the first step for workers injured at work to claim economic compensation is not to settle accounts, but to first establish the foundation of the labor relationship and the work-related injury relationship. If the foundation is not solid, all requests will be in vain.

IV. Practical suggestions and legal basis

According to Articles 36 and 37 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011), workers with disabilities at levels 5 and 6 may terminate or dissolve their labor relationships upon their own request. In this case, 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. Workers with disabilities at levels 7 to 10 will also enjoy these two benefits when their labor contracts expire or they request termination. According to Articles 38, 46, and 47 of the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012), if the employer fails to pay labor compensation on time or in full, or fails to pay social insurance premiums for workers in accordance with the law, the workers may terminate the labor contract and claim economic compensation. Suggestions: First, complete the labor capacity appraisal and clarify the disability level before leaving the job, as this is a prerequisite for calculating the two subsidies. Second, state the reason for termination in writing. For forced terminations, the notice should list statutory reasons such as unpaid wages and unpaid social insurance premiums, and keep the evidence of delivery. Third, require the employer to issue a certificate of dissolution or termination of the labor relationship, and simultaneously verify the settlement of social insurance and wages. Fourth, pay attention to the arbitration statute of limitations, which generally requires filing a claim within one year from the date when the worker knows or should have known that his rights have been infringed. Fifth, the subsidy standards should be implemented in accordance with the current local regulations in Beijing, and check the latest guidelines before making claims.Work-related injury compensationFor cases like this, it is usually necessary to verify the details of social insurance payments at the same time.

5. Henglu Law Firm's Reminder

Three reminders. Firstly, don't sign a "one-time settlement" agreement just to get the money as soon as possible. If the agreement doesn't cover subsequent treatment costs, changes in disability grades, etc., it will be very difficult to revoke it afterwards. Secondly, if the employer refuses to pay the one-time disability employment subsidy on the grounds that "the worker initiated the resignation and there is no compensation", this is a misunderstanding. This fee is the employer's statutory obligation to pay, and it has nothing to do with who initiated the termination. Thirdly, if the employer fails to pay the work injury insurance premiums in accordance with the law, the one-time work injury medical subsidy that should be paid by the fund also needs to be borne by the employer. The recovery path is the same as that of the one-time disability employment subsidy.Creditor's rights and debts, and enforcementIt can be connected to other systems, enabling the simultaneous investigation of property clues.Beijing Henglu Law FirmIt is recommended to arrange the resignation procedures and compensation claims in a unified manner to avoid the subsequent claims being affected by improper operations during the termination process.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning a claim for severance pay due to work-related injuries?

Where the work-related injury identification and disability grade have been determined, the support rate for the two subsidies is relatively high, and they belong to statutory benefits. Whether the economic compensation can be supported depends on the reason for the termination. Generally, it is not supported if the employee initiates the termination. However, if the termination is forced and there is evidence of unpaid wages or unpaid social insurance, the support rate will significantly increase.

Q2: What evidence do I need to prepare?

The decision on work-related injury identification, the conclusion of labor ability appraisal, the labor contract and salary records, the details of social insurance payments, the notice of terminating or ending the labor relationship and the delivery receipt, the medical records and medical expense receipts. If no written contract has been signed, materials such as attendance records, work group records, and work badges and uniforms that can prove the employment relationship should also be provided.

Q3: What are the approximate costs of attorney fees and procedural fees?

The identification of work-related injuries and the assessment of labor capacity are free of charge, and arbitration of labor and personnel disputes is also free of charge. Lawyer's fees are determined through negotiation based on the stage of the case or the subject matter of the dispute. If the employer refuses to pay and the case enters the litigation or enforcement stage, the fee structure will differ from that of the first-instance trial, and the scope and key points of the attorney's services should be clearly defined before engaging the attorney.

Q4: How long does the process take?

The determination of work-related injuries is generally made within 60 days from the date of acceptance. The labor capacity assessment usually issues a conclusion within 60 days, and the time limit can be extended by 30 days if necessary. The arbitration time limit is generally 45 days, and it can be extended by 15 days if the case is complex. The determination and payment of benefits need to be calculated separately, so overall, you need to be patient.

Q5: What should I do first?

First, confirm whether there is a conclusion on the work-related injury identification and the disability rating. Then, determine whether the termination was initiated by the employee or imposed upon them. Based on this, identify the combination of claims to avoid missing statutory benefits such as the one-time disability employment subsidy. At the same time, check whether the arbitration statute of limitations is approaching.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards 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 evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.