A technical worker in an enterprise was recently identified as Grade 5 disabled by forensic medicine due to work-related injury. According to these conditions, what treatment should he enjoy in the unit? What are the provisions of national laws?
According to the reflected situation, the disability pension shall be handled according to the provisions of Article 24 of the Trial Measures for Industrial Injury Insurance of Enterprise Employees (No. [1996] 266) issued by the Ministry of Labor, that is, if the employee is disabled due to injury and is identified as Grade 5, in principle, the enterprise shall arrange appropriate work and enjoy the following benefits:
1. One-time disability allowance will be issued according to the level of disability, and the standard is equivalent to the salary of the disabled employee for 16 months;
2. If the salary of the employee is reduced due to disability, the employer will issue the on-the-job disability allowance, which is 90% of the salary reduction. If the employee's skill is improved and the salary is promoted, the on-the-job disability allowance will be retained;
3. If the recurrence of old injury is confirmed to require treatment and rest, it shall enjoy medical treatment and work-related injury allowance in accordance with the provisions of these Measures;
4. If the degree of disability is rated as Grade 5 and it is difficult for the enterprise to arrange work, a disability pension equivalent to 70% of the employee's salary will be paid on a monthly basis.
The above provisions define the responsibilities of enterprises in paying the work-related injury benefits of the disabled employees. According to the provisions of the Reply of the General Office of the Ministry of Labor on How to Determine the Degree of Disability and Relevant Payment Channels of State-owned Enterprises (LBF [1997] No. 45), the pension shall be paid by the enterprise. At the same time, it is also stipulated that: for the employees whose work-related injury and disability are classified as Grade 5 and Grade 6 and whose disability pension is paid by the enterprise, the enterprise and the employees shall continue to pay pension insurance premiums. After the disabled employees reach the retirement age specified by the state and go through retirement procedures, their pension insurance benefits shall be paid by the pension insurance fund.