A reader recently asked: "Can a second workplace injury qualify for another one-time medical subsidy?" The answer depends on the circumstances.
First, a second workplace injury can trigger another work injury determination.
Even though the employer already applied for a work injury determination after the first incident, that earlier determination only covers the earlier accident and has nothing to do with a new one. When an employee suffers a second accident injury, the employer must still apply to the social insurance administrative department for a work injury determination.
Second, a second workplace injury can lead to another work capacity assessment.
The work capacity assessment conclusion is the basis for an injured employee to receive work injury insurance benefits. If an employee suffers another workplace injury and, after treatment, the condition is relatively stable but leaves a disability that affects work capacity, the employee may apply to the district labor capacity assessment committee for an initial assessment. If dissatisfied with the district's initial assessment, the employee may apply to the municipal labor capacity assessment committee within 15 days of receiving the conclusion.
Third, a second workplace injury receives benefits under the rules.
After work injury determination and work capacity assessment, an employee who suffers a second workplace injury may receive medical treatment benefits, rehabilitation benefits, and disability benefits under the Work Injury Insurance Regulations. For example, consider Xiao Li, a 40-year-old employee covered by the same employer's insurance. Two years ago, he suffered a workplace injury at the company and was rated as having a level nine disability, for which he already received a one-time disability subsidy for level nine. In the first half of this year, while commuting to and from work, he was injured in a traffic accident for which he was not primarily responsible, and it was determined to be a work injury. His assessed disability level was level ten.
1. For a second workplace injury, if conditions are met, the employee may receive another one-time disability subsidy. This was Xiao Li's second workplace injury. After the work injury determination and work capacity assessment, under the rules, he may receive a one-time disability subsidy again according to the level ten disability standard.
2. For a second workplace injury, if conditions are met, the one-time work injury medical subsidy and one-time work injury employment subsidy are paid according to the highest assessed disability level. If Xiao Li plans to resign from the company soon, he may apply for a one-time work injury medical subsidy and a one-time work injury employment subsidy. Under the rules, for employees assessed as having level five or level six disabilities caused by work, if the employee proposes to terminate or end the labor relationship with the employer, the employer pays the one-time work injury employment subsidy and the work injury insurance fund pays the one-time work injury medical subsidy. For employees assessed as having level seven to level ten disabilities caused by work, if the labor contract expires or the employee proposes to terminate the labor contract, the employer pays the one-time work injury employment subsidy and the work injury insurance fund pays the one-time work injury medical subsidy. If an employee suffers two workplace injuries at the same work injury liability unit, when receiving benefits under the relevant rules, the employee receives the one-time medical subsidy and one-time work injury employment subsidy according to the highest disability level from the injuries at the same unit. In other words, Xiao Li can receive the one-time work injury medical subsidy according to the previous level nine disability standard, and cannot stack another one-time work injury medical subsidy based on the current level ten disability. Under the rules, the one-time work injury employment subsidy standard is the same as the one-time work injury medical subsidy standard, so Xiao Li's one-time work injury employment subsidy is also based on the previous level nine disability standard and cannot be stacked.
It should be noted that if the employee proposes to terminate the labor relationship with the employer and, at the time of termination, is less than five years from the statutory retirement age, the one-time work injury medical subsidy and one-time work injury employment subsidy are reduced by 20% for each year the period falls short, except in circumstances under Article 38 of the Labor Contract Law. For employees with level one to level four work injuries whose conditions are serious, the labor relationship should be retained, they should leave their posts, and they should receive a one-time disability subsidy and disability allowance under the rules.
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