[Direct answer]Yes. According to Article 37 of the "Regulations on Work-Related Injury Insurance" (promulgated in 2003 and amended in 2010), if an employee is assessed as having a level 5 to level 10 disability due to a work-related injury, and the labor or employment contract expires or is terminated, or the employee requests 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 employer 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, workers who suffer from a level 5 to level 10 disability due to a work-related injury have the right to claim two one-time subsidies at the same time when they request to terminate or terminate the labor relationship: one is the work-related injury medical subsidy paid by the fund, and the other is the disability employment subsidy paid by the employer. It should be noted that if the employer proposes to terminate the labor contract (and it is not a legally permitted termination situation), the employer shall also pay economic compensation in accordance with the relevant provisions on economic compensation and pay a one-time disability employment subsidy.

I. Problem Background and Typical Scenarios

"I've suffered a work-related injury and now want to quit my job and change careers. Can I still receive the previous compensation?" This is the most pressing concern for workers injured at work during their career transition period. Common scenarios include: workers finding it difficult to perform their original duties after recovering from injuries and opting to seek new opportunities; employers facing operational difficulties or position adjustments, resulting in mutual agreement to terminate the employment relationship; workers whose labor contracts expire and wish to transfer to another position; and workers who voluntarily resign but are unsure whether they will lose their compensation. In practice, the most common misunderstanding is that some people believe "if they resign, they'll lose everything." In fact, for workers with level 5 to level 10 disabilities, the law explicitly allows them to initiate the termination of the employment relationship and claim two one-time compensation payments. Resigning does not mean giving up their rights.

II. Key points of contention

Firstly, the threshold for disability levels, and one-time medical subsidies and employment subsidies apply to workers with disabilities ranging from level 5 to level 10. Secondly, the impact of the termination method—whether initiated by the employee, terminated upon contract expiration, or initiated by the employer—results in differences in subsidy programs and economic compensation. Thirdly, the standard regional differences mean that specific amounts are determined by the people's governments of provinces, autonomous regions, and municipalities directly under the central government, with Beijing having its own local standards. Fourthly, the distinction between payment entities: medical subsidies are paid by the work injury insurance fund, while employment subsidies are paid by the employing unit. Fifthly, in cases where the employer has not participated in insurance, the employer shall pay according to the treatment items and standards stipulated in the regulations.

III. Professional analysis by Henglue Lawyers

The key to such disputes lies in the precise combination of three elements: "grade, method, and standard". In practice, we usually advise workers to first determine the disability grade, then determine the specific method of terminating the labor relationship, and finally calculate the two compensation amounts according to local standards. Two points should be particularly noted: First, if the unit proposes to terminate the relationship and it does not fall into the circumstances where termination is legally permitted, the worker can claim compensation for unlawful termination or economic compensation in addition to the one-time disability employment subsidy. Second, if the unit fails to participate in work-related injury insurance in accordance with the law, the one-time work-related injury medical subsidy originally paid by the fund should also be borne by the unit. For cases involving work-related injury benefits and the termination of the labor relationship, reference can be made to the relevant provisions.Labor arbitration and work-related injury compensation; Issues related to the employment of workers by enterprises and the termination of their contracts can be addressed jointlyBusiness and contract disputes in enterprisesAndSpecialised legal services.

IV. Practical suggestions and legal basis

According to Article 37 of the Regulations on Work-Related Injury Insurance (amended in 2010) regarding one-time compensation for workers with disabilities at levels 5 to 10, Article 36 regarding workers with disabilities at levels 5 and 6, Article 62 regarding the unit's obligation to pay according to the standard when it fails to purchase insurance, the Labor Contract Law of the People's Republic of China (amended in 2012) regarding consultation-based termination, termination upon contract expiration, and economic compensation, as well as local regulations on one-time compensation standards for work-related injury insurance in Beijing, it is recommended to follow four steps: First, confirm the disability level and the termination method, distinguishing whether it is initiated by the worker, the unit, or upon the expiration of the contract; Second, calculate the one-time work-related injury medical compensation and one-time disability employment compensation according to local standards; Third, handle the termination procedures in writing, specifying the compensation items, amounts, and payment deadlines; Fourth, if the unit refuses to pay, apply for labor dispute arbitration to assert rights according to law. For disputes over work-related injury benefits, refer to the relevant provisions.Labor arbitration and work-related injury compensation; For issues involving the termination of labor contracts and economic compensation, they can be addressed togetherBusiness and contract disputes in enterprises.

5. Henglu Law Firm's Advice

Resigning doesn't mean giving up on compensation, but you need to think it through carefully before signing the agreement. Here are three reminders: First, don't sign a "one-time settlement" agreement without understanding your rights. Once signed, it may affect your subsequent claims. Second, don't ignore the situation where the employer hasn't provided social insurance coverage. In this case, both compensation payments should be borne by the employer. Third, don't confuse "work-related injury medical compensation" with "disability employment compensation". The two have different payers and calculation standards.Beijing Henglue Law FirmIt is recommended that employees first calculate the amount of compensation they are entitled to before completing the exit procedures, and if necessary, entrust a lawyer to review the terms of the exit agreement.

VI. Frequently Asked Questions

Q1: Can I still receive the disability employment subsidy after resigning from my job?

Yes. According to Article 37 of the "Regulations on Work-Related Injury Insurance", if a worker with a disability rating of Level 5 to Level 10 initiates the termination or dissolution of the labor relationship, the work-related injury insurance fund shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy.

Q2: What materials do I need to prepare?

The decision on work-related injury identification, the conclusion of labor capacity appraisal, the certificate of termination or dissolution of labor relations, the record of insurance and payment, the certificate of salary and working years, the identity certificate, and the relevant settlement materials issued or should be issued by the unit.

Q3: Approximately how much are the two subsidies worth?

The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies are stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. These standards are usually linked to the disability grade and the worker's salary or the average monthly salary of local workers in the previous year. In the Beijing area, these standards are implemented according to local standards.

Q4: How long does it take from applying for the grant to actually receiving it?

The one-time work-related injury medical subsidy is generally reviewed and paid by the social security agency after the formalities of terminating the employment contract are completed and all the required materials are provided; the one-time disability employment subsidy is paid by the employer. If the employer delays the payment, the employee can file a labor arbitration claim. The arbitration process is generally completed within 45 days from the date of acceptance.

Q5: What should I do first?

First, confirm the disability level and the specific method of terminating the labor relationship, then calculate the two amounts of subsidies according to the local standards of Beijing; before signing the severance agreement, check whether the terms cover the subsidies that should be received, and consult a lawyer if necessary.

The above answer is based on the judicial practice in Beijing. 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 the 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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.