People's Republic of China promulgated by Decree No. 586

　　　　　　　　　　　　　　　　　　　　　　The State Council to amend the workers ' compensation insurance Ordinance of Executive meeting of the State Council on December 8, 2010 the 136th adoption of the decision, are hereby promulgated and, as of January 1, 2011.

　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Wen Jiabao



The December 20, 2010

The decision of the State Council on amending the regulations on industrial injury insurance

Decision of the State Council to the work-related injury insurance regulations read as follows:

One, the second is revised as follows: "People's Republic of China territory of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees (hereinafter called the employer) shall, in accordance with the provisions of this Ordinance to participate in work-related injury insurance, for all workers or employees of the entity (hereinafter employees) pay a fee for work-related injury insurance. "People's Republic of China territory of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations employees as well as self-employed workers, are in accordance with the provisions of this Ordinance rights treatment of work-related injury insurance.

” Second, eighth, the second paragraph is amended as: "the State according to the different sectors of occupational risk degree of differential rates, and according to the work-related injury insurance, work-related injury rates within each industry identified a number of rate brackets. Industry differences in rates and rate brackets in the industry developed by the Social Security Administration Department under the State Council, after the approval of the State Council for implementation.

” Third, the article is revised as follows: "Social Security Administration Department under the State Council should be regularly informed about the country's co-ordinating the work injury insurance fund balance, adjusting differential rates in a timely manner and rate brackets in the industry scheme, after the approval of the State Council for implementation.

” Four, tenth, one paragraph is added as a third paragraph: "it is difficult to follow the industry payroll pay industrial injury insurance premium, the specific way to pay industrial injury insurance premium, by the Social Security Administration Department under the State Council.

” Five, 11th paragraph modified as follows: "the work injury insurance fund progressive provincial co-ordination.

”

Six, 12th is amended as: "the accounts of the work injury insurance fund into the Social Security Fund, for work-related injury insurance benefits provided for in this Ordinance, work identification, awareness of injury prevention, training and other costs, as well as the laws and regulations for the payment of other expenses of the workers ' compensation insurance.

"The proportion of the costs of injury prevention, use and management of the specific measures by the Social Security Administration Department under the State Council in conjunction with the financial, administrative and production safety supervision and management departments of health. "No units or individuals may not use the work injury insurance fund for investment and operation, construction or renovation of premises, bonuses, or diverted to any other purposes.

”

Seven, 14th paragraph (f) is amended as: "the way to or from work, are not my primary responsibility of traffic accident or urban rail transit, passenger ferries, train accident injury;"

Eight, 16th revised as follows: "employees in accordance with the provisions of article 14th, 15th, but any of the following circumstances, it shall not be regarded as or treated as employees injured:

"(A) an intentional crime;

"(B) drunk or taking drugs; "(C) self-harm or suicide.

”

Nine, 20th is revised as follows: "social security Administrative Department shall accept applications for work injury certification within 60 days from the date of work-related injury certification decision, and notify the applications for work-related injury certification of employees or their close relatives and the trade union organization.

"The social security administration to the admissibility of facts clearly and expressly finds that the application in which the rights and obligations, should be made at the 15th work injury certification decisions.

"Work injury certification decisions need to judiciary or based on the conclusions of the relevant administrative departments, judicial or administrative authorities have not concluded during the work-related injury certification decided to suspend the time limit. "Social security administration staff with work-related injury certification the applicant has an interest should be avoided.

” Ten, add one, as the 29th: "labour assessment Committee in accordance with this section 26th and 28th provisions for retesting and review appraisal period, in accordance with the provisions of the second paragraph of this section 25th execution.

” Third, 29th to 30th, the fourth paragraph is amended as: "the hospitalized injuries of workers of food subsidies, and certified by medical institutions, agencies agreed that injured workers to co-ordinate areas required for medical transportation, Board and lodging expenses paid from the work injury insurance fund, the specific criteria of the Fund by co-ordinating regional people's Government.

” Sixth paragraph is amended as: "injured worker to sign a service agreement with injury recovery of costs of medical institutions, in conformity with the provisions and from the work injury insurance fund.

” 12, the addition of an article, as the 31st: "decisions of the social security administration as a work-related injury occurs after the administrative review, administrative litigation, administrative reconsideration and administrative litigation does not stop paying injured workers during the medical cost of treating work-related injuries.

”

13, 33rd to 35th, paragraph (a) is amended as: "from the work injury insurance fund according to the disability lump sum disability benefits criteria: level for 27 months of wages, two-level wages for 25 months, three-level wages for 23 months, four for 21 months of wages;" Paragraph (c) is amended as: "injured worker reaches retirement age retirement formalities and later, suspension of disability allowance, in accordance with the relevant provisions of the State enjoyed basic old-age insurance benefits. Basic old-age insurance benefits under the disability allowance, from the work injury insurance fund to make up the difference.

”

14, 34th to 36th, the first paragraph (a) is amended as: "from the work injury insurance fund according to the disability lump sum disability benefits criteria: five for 18 months ' wages, six for 16 months of wages;" Second paragraph is amended as: "a proposed injured workers, the rescission or termination of labor relations staff and employers, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy. One-time injury medical benefit, and a one-off specific criteria for disability employment grant by provincial, autonomous regional and municipal people's Government.

”

Article XV, 35th to 37th, is revised as follows: "employees for work disability is identified as a seven-to ten-level disability, enjoy the following benefits:

"(A) from the work injury insurance fund according to the disability lump sum disability benefits criteria: seven levels of wages for 13 months, eight-level wages for 11 months, nine-level wages for 9 months, ten shall be paid for 7 months; "(Ii) labor, employment contract terminated, or the employees ' own labor, employment contracts, one-time injury medical benefit paid from the work injury insurance fund, paid for by the employer once disabled employment subsidy. One-time injury medical benefit, and a one-off specific criteria for disability employment grant by provincial, autonomous regional and municipal people's Government.

” Article 16, 37th to 39th, paragraph (c) is amended as: "on the one-time death benefit criteria for annual per capita disposable income of urban residents of 20 times.

”

17, 40th to 42nd, by deleting paragraph (d). 18, 41st to 43rd, the fourth paragraph is amended as: "bankruptcy, bankruptcy liquidation in accordance with the allocation of work injury insurance benefits shall be paid by the unit cost.

”

Article 19, 53rd, 55th instead and be amended as: "any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration or bring administrative proceedings in accordance with law:

"(A) apply for work-related injury certification of employees or their close relatives, the trade union organization on work-related injury certification is dissatisfied with a decision of the application as inadmissible;

"(B) apply for work-related injury certification of employees or their close relatives, the unit on the work-related injury certification of workers refuses to accept the conclusion;

"(C) the employer refuses to accept the units of agencies determine the toll rates;

"(D) signed a service agreement of medical institutions, assistive devices configured agencies that the Agency does not carry out the agreement or provision; "(E) the injured employee or his or her close relative on work injury insurance benefits approved by the Agency disagrees.

” 20, 58th to 60th, is revised as follows: "employers, injured workers or their close relatives obtaining treatment of work-related injury insurance, medical institutions, industrial injury insurance fund assistive devices configured Agency to defraud, by the social security administration is ordered to return, fined not more than the amount defrauded more than twice times 5 times; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

”

21, and 60th article to 62nd article, modified for: "employing units in accordance with this Ordinance provides should participate in injury insurance and not participate in of, by social security administrative sector ordered deadline participate in, fill paid should paid of injury insurance fee, and since owes paid of day up, by day added received five out of 10,000 of late fees; late still not paid of, at owes paid amounts 1 time times above 3 times times following of fine.

"In accordance with the provisions of this Regulation shall participate in work injury insurance and did not participate in the work-related injury insurance employer workers ' injuries, by the employer in accordance with the provisions of this Ordinance work injury insurance benefits programs and fees. "Employers ' participation in work-related injury insurance and pay the payment of workers ' compensation insurance fees, after the late fees, from the work injury insurance fund and the employer pursuant to the provisions of this Ordinance to pay new fees.

” 22, the addition of an article, as the 63rd: "If an employer violates the provisions of section 19th, refused to assist the social security administration to investigate the incident verification, by the social security administration ordered corrective action and less than 2000 Yuan and 20,000 yuan in fines.

”

23, 61st, 64th instead, by deleting the paragraph. 24, 62nd to 65th and amended as: "the management of civil servants and the civil service law institutions, social groups of staff accidents due to work injury or occupational disease, paid for by his employer. Specific measures prescribed by the Social Security Administration Department under the State Council in conjunction with the financial sector.

”

In addition, individual by modifying the text of the provisions, the provisions in the order was adjusted accordingly.
This decision shall enter into force on January 1, 2011.

The workers ' compensation insurance Ordinance be amended accordingly pursuant to this decision, republished.



After the implementation of these regulations, before the implementation of this decision by accident or suffer from occupational diseases has not yet completed work-related injury certification of workers, in accordance with the provisions of this decision.

Insurance regulations regarding industrial injuries

(April 27, 2003 People's Republic of China promulgated by Decree No. 375 posted December 20, 2010, the State Council concerning the revision of the decision to modify the work-related injury insurance Ordinance)

Chapter I General provisions

First in order to protect the work accident or occupational disease the workers access to medical treatment and financial compensation, promotion of injury prevention and occupational rehabilitation, dispersing the employer's work-related injury risk, this Ordinance is enacted.

Article People's Republic of China territory of enterprises, institutions, social organizations, private non-enterprise organizations, foundations, law firms, accounting firms and individual industrial and commercial households with employees (hereinafter called the employer) shall, in accordance with the provisions of this Ordinance to participate in work-related injury insurance, for all workers or employees of the entity (hereinafter employees) pay a fee for work-related injury insurance.

People's Republic of China territory of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations employees as well as self-employed workers, are in accordance with the provisions of this Ordinance rights treatment of work-related injury insurance.

Third collection of workers compensation insurance in accordance with the interim regulations on the collection and payment of social security relating to basic old-age insurance, basic medical insurance, unemployment insurance, collection and payment provisions.

Fourth the employer shall participate in work-related injury insurance about publicity in this unit.

Employers and employees shall comply with the relevant safety and occupational-disease-prevention laws and regulations and implementation of safety and health regulations and standards, the prevention of occupational accidents, prevent and reduce occupational hazards.

Employees when injuries occur, the employer shall take measures so that injured workers receive timely treatment.

Fifth Social Security Administration Department under the State Council is responsible for the national work injury insurance.

Social Security Administration Department of the people's Governments at and above the county level are responsible for injury insurance work within their respective administrative areas.

Established by the Social Security Administration Department in accordance with the relevant provisions of the State social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

Article sixth of the social security administration and other departments to develop work-related injury insurance policy, standards, shall solicit the views of the trade unions, employers representatives.

Chapter II the work injury insurance fund

Seventh work injury insurance fund paid by employers of industrial injury insurance, industrial injury insurance fund's interest and other funds covered by work injury insurance fund according to law.

Article eighth work injury insurance fund according to the principle of fixed income, balance, determine rates. Countries according to the degree of occupational risks in different sectors to determine differences in rates, and according to the work-related injury insurance, work-related injury rates within each industry identified a number of rate brackets.

Industry differences in rates and rate brackets in the industry developed by the Social Security Administration Department under the State Council, after the approval of the State Council for implementation.

And manpower agencies under employer workers ' compensation insurance costs, incidence of work-related injuries and so on, within the industry of application rate brackets determine payment rates.

Nineth Social Security Administration Department under the State Council should be regularly informed about the country's co-ordinating the work injury insurance fund balance, adjusting differential rates in a timely manner and rate brackets in the industry scheme, after the approval of the State Council for implementation. Tenth the employer shall pay the workers ' compensation insurance costs.

Employees do not pay workers ' compensation insurance costs.

The amount employers pay industrial injury insurance premiums for employees ' wages multiplied by the contribution rate in this product.

It is difficult to follow the industry payroll pay industrial injury insurance premium, the specific way to pay industrial injury insurance premium, by the Social Security Administration Department under the State Council.

11th the work injury insurance fund progressive provincial co-ordination. Across the region, producing relatively high mobility industry, may take the form of relatively centralized offsite to participate in co-ordinating the work injury insurance.

Specific measures shall be formulated by the Department of social security administration, in conjunction with relevant industry.

12th the work injury insurance fund into a financial account for Social Security Fund, for work-related injury insurance benefits provided for in this Ordinance, work identification, awareness of injury prevention, training and other costs, as well as the laws and regulations for the payment of other expenses of the workers ' compensation insurance.

Proportion of the costs of injury prevention, use and management of the specific measures by the Social Security Administration Department under the State Council in conjunction with the financial, administrative and production safety supervision and management departments of health.

No units or individuals may not use the work injury insurance fund for investment and operation, construction or renovation of premises, bonuses, or diverted to any other purposes. 13th the work injury insurance fund should be set aside a certain proportion of reserves, for co-ordinating major accident work injury insurance benefits paid insufficient reserves to pay, by co-ordinating the Government advance.

Reserves a specific percentage of total funds and reserves the use of approaches by the people's Governments of provinces, autonomous regions and municipalities.

Chapter III industrial injuries cognizance

14th employee, one of the following circumstances shall be recognized as work-related injuries:

(A) during working hours and within the workplace, for work reasons, injured by accident;

(B) before and after working hours in the workplace, engaged in work-related preparatory or finishing work injured by accident;

(C) during working hours and within the workplace, arising from the performance of duties by the violence, unintentional injury;

(D) an occupational disease;

(E) for work-out during the unaccounted for due to work injury or accident;

(F) the way to or from work, are not my primary responsibility of traffic accident or urban rail transit, passenger ferries, train accident injury;

(G) the provisions of laws and administrative regulations shall be considered as work-related injuries in other circumstances.

15th workers have one of the following, depending on injuries:

(A) working hours and jobs, sudden illness or died within 48 hours of death;

(B) in emergency rescue and disaster relief, and other maintenance activities harmed national interests, public interests;

(C) workers formerly served in the military, disabled by war, wounded, disabled revolutionary military credentials have been made, to the employer after the old injury.

Workers have the preceding paragraph (a), (b), in accordance with the provisions of the regulations on work-related injury insurance; employees the preceding paragraph (c), in accordance with the relevant provisions of the Ordinance enjoy work injury insurance benefits except for one-time disability benefits.

14th, 15th, 16th worker in accordance with this Ordinance the provisions of articles, but any of the following circumstances, it shall not be regarded as or treated as employees injured:

(A) an intentional crime;

(B) drunk or taking drugs;

(C) self-harm or suicide. 17th employee accident injury or was in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, injuries from the accident date or date of diagnosis and appraisal of occupational disease in the 30th, to co-ordinate work injury certification application to the regional Social Security Administration Department.

In special circumstances, with the approval of social security Administrative Department, applicants may be appropriately extended.

Employers not complying with the provisions of the preceding paragraph apply for industrial injury, the injured employee or his or her close relatives, of trade union organizations in the accident or diagnosis and appraisal of occupational disease within 1 year from the date of, directly to the location of the employer and manpower work injury certification application to the regional Social Security Administration Department.

In accordance with the provisions of the first paragraph of this article shall be determined by the provincial social insurance administration departments for work-related injury certification matters, according to the principle of territoriality by the municipal districts, where the employer Social Security Administration Department.

Employers are not submitted within the time limits specified in the first paragraph of this article work-related injury certification application, occurred during this period in accordance with the provisions of this Ordinance relating to the treatment of work-related injuries such as fees shall be borne by the employer.

Article 18th work injury certification application shall submit the following materials:

(A) work-related injury certification application form;

(B) the labour relation with employers (including the fact labor relationship) of supporting documents;

(C) medical diagnosis or the occupational disease certificate (or certificate of diagnosis of occupational disease).

Work-related injury certification application form shall include the accident time, place, cause, and damage workers and other basic information. Incomplete work injury certification the applicant to provide material and social security administrative departments shall at once notify the work injury certification all applicants need to correct material.

After correction in accordance with the written request of the applicant the materials, the social security administration shall be accepted. After 19th Social Security Administration accepts the application for work-related injury certification, based on the audit will need to be able to investigate the accident verified, employers, trade unions, trade union organizations, medical institutions and relevant departments shall provide assistance. Occupational-disease diagnosis and identification of the dispute, in accordance with the relevant provisions of the law of prevention and control of occupational diseases.

Legally obtained the occupational disease certificate or certificate of diagnosis of occupational disease, the social security administration no longer carry out investigation to verify.

Employee or his or her close relative thought to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof.

20th social security Administrative Department shall accept applications for work injury certification within 60 days from the date of work-related injury certification decision, and notify the applications for work-related injury certification of employees or their close relatives and the trade union organization.

Social Security Administration Department to accept the fact that clearly, clearly the rights and obligations of the work-related injury certification the application, should be made at the 15th work injury certification decisions.

Work-related injury certification decisions need to be judicial authorities or based on the conclusions of the relevant administrative departments, judicial or administrative authorities have not concluded during the work-related injury certification decided to suspend the time limit.

Social security administration staff with work-related injury certification the applicant has an interest should be avoided.

The fourth chapter of work competency expertise

21st employee injuries treated injuries after a relatively stable disabilities, affecting the ability to work, work identification should be carried out.

22nd work competency expertise refers to the labor disturbance and self-care disability identification.

Labour disorders are divided into ten grade, the most important for level, the lightest for ten.

Self-care barrier is divided into three levels: life cannot take care of themselves, most can not take care of life and life does not take care of themselves.
Labour standards by the Social Security Administration Department under the State Council together with the health Administrative Department under the State Council and other departments.

Article 23rd work identified by the employer, the injured employee or his close relatives to the districts, the municipal work competency expertise on application to the Commission, providing work-related injury certification decisions and work-related injuries and health related information.

Article 24th of provinces, autonomous regions and municipalities directly under the labour assessment Committee and municipal districts work competency expertise respectively by the provinces, autonomous regions, municipalities and cities divided into districts, the municipal social security administration, health administration, trade unions, representatives of agencies and employers representatives. Labour assessment Committee to establish medical and health experts.

Included in the database of health professionals shall meet the following conditions:

(A) the qualifications of the medical advanced professional and technical positions;

(B) master work and identification of relevant knowledge;

(C) has a good professional ethics. 25th district of municipal work competency expertise on the Committee after receiving a work competency expertise on request, should be established from its database of health randomly select 3 or 5 relevant experts group, expert opinion from the Group of experts.

District of the municipal labour assessment Committee injured workers under the expert opinion of the expert group work identification, if necessary, may appoint a qualified medical institutions assist the diagnosis. Municipal work competency expertise on the Committee divided into districts shall receive the ability to work within 60 days from the date of application of work competency expertise conclusions and, if necessary, work identification of can be extended to 30th.

Work appraisal conclusions in time shall be applied for identification of units and individuals. Identification section 26th unit or individual districts, the municipal labor refuses to accept the conclusions of the appraisal Committee, can receive the expert conclusion within 15th of provinces, autonomous regions and municipalities directly under the application again work competency expertise on the Committee.

The provinces, autonomous regions and municipalities of work competency expertise to work competency expertise on conclusion of the final conclusions of the Commission. 27th labor ability assessment should be objective and fair.

Labour assessment committee or to participate in the identification of interested experts and their clients, should be avoided.

28th working capacity 1 year after the date of conclusion, the injured employee or his or her close relatives, units or agencies considered changes in disability may apply for work review and identification.

29th work competency expertise on the Committee according to the regulations, 26th and 28th article for retesting and review the appraisal period, in accordance with the provisions of the second paragraph of this section 25th execution.

The fifth chapter work injury insurance benefits

30th employee accidents due to work injury or occupational disease treatment, work-related injury medical treatment.

Treating work-related injuries of workers medical institution shall sign a service agreement, when the urgency of the situation, you can go to the nearest medical institution for treatment. Requirements for treatment of work-related injuries consistent with work-related injury insurance medical project directory, work injury insurance, medical, work injury insurance, hospital services standard, paid from the work injury insurance fund.

Treatment item catalogue of industrial injury insurance, work injury insurance, medical, work injury insurance, hospital services standard, by the Social Security Administration Department under the State Council in conjunction with the health administration departments, departments such as the food and drug administration regulations.

Hospitalized injuries of workers of food subsidies, and certified by medical institutions, agencies agreed that injured workers to co-ordinate areas required for medical transportation, Board and lodging expenses paid from the work injury insurance fund, the specific criteria of the Fund by co-ordinating regional people's Government.

Injured workers in the treatment of work-related injury caused by disease, not entitled to work injury medical treatment, under the basic medical insurance scheme.

Injured workers to sign a service agreement with injury recovery of costs of medical institutions, in conformity with the provisions and from the work injury insurance fund.

31st decision of the social security administration as a work-related injury occurs after the administrative review, administrative litigation, administrative reconsideration and administrative litigation does not stop paying injured workers during the medical cost of treating work-related injuries.

32nd injured workers because of daily life or employment needs identified by the work the Commission confirmed, prostheses, orthoses, eyes, false teeth and configuration of assistive devices such as wheelchairs, the costs paid from the work injury insurance fund according to national standards.

33rd employee accidents due to work injury or occupational disease need to suspend the work injury medical, lay-off pay period, the original wage benefits unchanged, by the units of the monthly payment. Shutdown leaves pay period does not normally exceed 12 months. Serious injury or exceptional circumstances, the district municipal work competency expertise on the Committee confirmed that may be appropriately extended, but not more than 12 months. Injured worker assessment after grade, suspension of primary treatment, in accordance with the relevant provisions of this chapter to enjoy disability treatment.

Injured workers are required in shutdown leaves after expiration of the paid treatment, continue to work-related injury medical treatment.

Unable to take care of injured workers in the work stoppage paid in need of care, by the units responsible.

34th injured workers have assess levels and work competency expertise Committee recognized the need for care, paid from the work injury insurance fund according to a monthly care fee.

Life care costs according to subsistence cannot take care of themselves, most of life alone or part pay alone for 3 different levels of life, the standard for co-ordinating regional workers ' monthly salary of the previous year, respectively 50%, 40% or 30%.

35th employee work was identified as grade I to grade of disability disability, labor relations, quit the job, enjoy the following benefits:

(A) from the work injury insurance fund according to the disability lump sum disability benefits criteria: level for 27 months of wages, two-level wages for 25 months, three-level wages for 23 months, four for 21 months of wages; (B) paid from the work injury insurance fund according to a monthly disability allowance criteria: level of disability shall be paid 90%, secondary disabilities of 85% of wages, three levels of disability shall be paid the 80%, four 75% of disability shall be paid.

Actual amount of disability allowance is lower than the local minimum wage, from the work injury insurance fund to make up the difference; (C) after the injured worker reaches retirement age retirement formalities and, suspension of disability allowance, in accordance with the relevant provisions of the State enjoyed basic old-age insurance benefits.

Basic old-age insurance benefits under the disability allowance, from the work injury insurance fund to make up the difference.

Trade Union work was identified as grade I to grade of disability disability, the employer and the individual with the disability allowance for base pay basic medical insurance premiums.

Article 36th employees for work disability were identified as five levels, six levels of disability, and enjoy the following benefits:

(A) from the work injury insurance fund according to the disability lump sum disability benefits criteria: five for 18 months ' wages, six for 16 months of wages; (B) retain the labour relations with the employer, the employer arrange appropriate work. It is difficult to work, on a monthly basis by the employer to the disability allowance, the standard for: five 70% of disability for my wages, six levels of disability 60% of wages and paid by the employer in accordance with the provisions of the social insurance premiums payable.

Actual amount of disability allowance is lower than the local minimum wage, employers make up the difference. Injured workers I have proposed, the rescission or termination of labor relations staff and employers, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

One-time injury medical benefit, and a one-off specific criteria for disability employment grant by provincial, autonomous regional and municipal people's Government.

37th employees for work disability is identified as having seven-to ten-level disability, enjoy the following benefits:

(A) from the work injury insurance fund according to the disability lump sum disability benefits criteria: seven levels of wages for 13 months, eight-level wages for 11 months, nine-level wages for 9 months, ten shall be paid for 7 months; (B) labour, employment contract terminated, or the employees ' own labor, employment contracts, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

One-time injury medical benefit, and a one-off specific criteria for disability employment grant by provincial, autonomous regional and municipal people's Government.

Article 38th injured worker injury recurrence, recognizes the need to treat, enjoy this Ordinance, 30th, 32nd, and 33rd article treatment of work-related injuries.

39th employee who died in, and his close relatives from the work injury insurance fund according to the following provisions received funeral benefit Gold, dependent relatives and one-time death benefits:

(A) funeral grant for the pooling area of the 6 months last year's average monthly wage of employees; (B) dependent relative pension according to the certain proportion to wages of staff and workers by workers living in fatal provided the main source of relatives, without the ability to work. Standard: spouses to 40% per month per month 30% other relatives, widowed or orphaned per month on the basis of the above standard 10%. Approved pensions for dependent relatives and should not be higher than the wages of workers living in fatal.

Specific scope for dependent relatives by the Social Security Administration Department under the State Council;

(C) on the one-time death benefit criteria for annual per capita disposable income of urban residents of 20 times.

Injured workers ' shutdown leaves pay period due to work-related injury resulting in death, and his close relatives enjoy the treatment provided for in the first paragraph of this article.

Levels to four levels of injured workers ' shutdown leaves paid after the expiration of the death of, their close relatives can enjoy the first paragraph of this section (a), (b) the provision of treatment. 40th disability allowance, the dependent relative pension, life care fees by co-ordinating district social security administration employees and changes in the cost of living adjustment.

Adjustment by the people's Governments of provinces, autonomous regions and municipalities. 41st employee for work-out during an accident or unaccounted for in the disaster relief, pay wages within 3 months from the month of the accident, starting from the 4th month suspension of wages, from the work injury insurance fund is paid monthly to dependent relatives dependent relative pension. Life has difficulties, advances may be made of the one-time death benefit 50%.

Workers were declared dead by court, as provided for in this section 39th employees who die in work.

42nd injured workers have one of the following, stop the work-related injury insurance benefits:
(A) loss of right to treatment conditions;

(B) refuses to accept work competency expertise;

(C) to refuse treatment.

Article 43rd Division, merger or transfer, successors shall bear the original employer the employment injury insurance; the original employer has participated in work-related injury insurance, the successors should be to the local agency for registration of change of industrial injury insurance.

Contracted operation of the employer, employment injury insurance borne by the labor relations unit.

Period of secondment of workers hurt by accidents, work-related injury insurance liability of the original employer, but only if the employer and the second unit may agree to remedies.

Bankruptcy, bankruptcy liquidation in accordance with the allocation of work injury insurance benefits shall be paid by the unit cost.

44th workers was sent to outbound work, according to the laws of the country or region should be attending work-related injury insurance, attending work-related injury insurance, domestic inductrial discontinued; not participating in work-related injury insurance, domestic work-related injury insurance will not stop.

45th recurrence of employee work-related injuries, according to the regulation shall be entitled to disability benefits, certified grade a disability allowance under the new deal.

Supervision and administration of the sixth chapter

Article 46th agencies undertaking work-related injury insurance matters, carry out the following functions:

(A) under the people's Governments of provinces, autonomous regions and municipalities, is imposed by the industrial injury insurance;

(B) verification of the employer's total payroll and number of employees, handle registration of industrial injury insurance, and was responsible for saving the employer contributions and employee records of work-related injury insurance benefits;

(C) the work-related injury insurance investigation, statistics;

(D) the management of work-related injury insurance payouts from the Fund pursuant to the provisions;

(E) in accordance with the provisions of the approved work-related injury insurance benefits;

(Vi) provides advisory services to injured workers or their close relatives for free. 47th agencies and medical organizations, assistive devices configured institutions on an equal footing on the basis of the service agreement, signed service agreement and publish medical institutions, assistive devices to configure lists of institutions.

Specific measures shall be formulated by the Social Security Administration Department of the State Council jointly with the health Administrative Department, Home Affairs Department and other departments.

48th agencies in accordance with agreements on injured workers and national directories, standard medical, rehabilitation, assistive devices costs of used for verifying and clearing charges in full and on time.

49th and expenditure of the Agency shall regularly publish the work injury insurance fund, adjusted rates of recommendation to the Social Security Administration Department in a timely manner.

50th social insurance administration, agencies should regularly listen to injured workers, medical institutions, assistive devices configured institutions and community views on the improvement of work injury insurance.

51st social security Administrative Department of industrial injury insurance premium collection and work injury insurance fund to pay for supervision and inspection.

Financial departments and audit institutions shall work injury insurance fund revenue and expenditure monitoring and management. 52nd any organization and individual violations of work injury insurance and right to report.

Report to the social security administration should promptly investigate and, in accordance with the provisions of, and the informer confidential.

53rd the Labor Union shall safeguard the legal rights of injured workers and supervision work of the employer's workers ' compensation insurance.

54th industrial workers and employers pay dispute, in accordance with the relevant regulations of the labor disputes.

55th under any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration or bring administrative proceedings in accordance with law:

(A) apply for work-related injury certification of employees or their close relatives, the trade union organization on work-related injury certification is dissatisfied with a decision of the application as inadmissible;

(B) apply for work-related injury certification of employees or their close relatives, the unit on the work-related injury certification of workers refuses to accept the conclusion;

(C) the employer refuses to accept the units of agencies determine the toll rates;

(D) signed a service agreement of medical institutions, assistive devices configured agencies that the Agency does not carry out the agreement or provision;

(E) the injured employee or his or her close relative on work injury insurance benefits approved by the Agency disagrees.

The seventh chapter legal liability 56th unit or individual in contravention of this Ordinance section 12th misappropriating the work injury insurance fund, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment or disciplinary action.

Misappropriated funds by the social security administration recovered and incorporated into the work injury insurance fund; the confiscation of illegal proceeds turned over to the State Treasury in accordance with law.

57th social security administration staff has any of the following circumstances, shall be given sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) no legitimate reason not to accept an application for work-related injury certification, or fraud will not eligible for work-related injuries of persons identified as injured workers;

(B) failed to properly apply for evidence of work-related injury certification of materials, resulting in loss of relevant evidence;

(C) accept the party's property.

Article 58th Agency any of the following acts, by the social security administration ordered corrective action and charge and other personnel directly responsible shall be given disciplinary sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law; economic losses occur, by the operator liable:

(A) not complying with the requirements to keep the employer contributions and employee's work-related injury insurance treatment records;

(B) according to the provisions approved for treatment of work-related injury insurance;

(C) accept the party's property.

59th medical organizations, assistive devices configuration of agencies providing services under a service agreement, the agencies may terminate the service agreement.

Agency is not settled in full and on time, by the social security administration ordered corrective action; medical, assistive devices configured institutions may terminate the service agreement.

60th employers, injured workers or their close relatives in obtaining work injury insurance benefits, medical, assistive devices configured institutions of obtaining work injury insurance fund, by the social security administration is ordered to return, fined not more than the amount defrauded more than twice times 5 times; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 61st work identification of organizations or individuals in any of the following circumstances, by the Social Security Administration Department of correction of less than 2000 Yuan and 10,000 yuan fine serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) provides false expert opinion;

(B) provide false medical certificate;

(C) accept the party's property.

62nd employing units in accordance with the provisions of this Regulation shall participate in work injury insurance and did not participate in, by the social security administration ordered to participate, pay shall pay a fee for work-related injury insurance, and from the date of default of payment, plus five out of 10,000 late fee on a daily basis; still fails to pay the past due, default of payment more than 1 time 3 times the amount of a fine.

In accordance with the provisions of this Regulation shall participate in work injury insurance and did not participate in the work-related injury insurance employer workers ' injuries, by the employer in accordance with the provisions of this Ordinance work injury insurance benefits programs and fees.

Employers ' participation in work-related injury insurance and pay the payment of workers ' compensation insurance fees, after the late fees, from the work injury insurance fund and the employer pursuant to the provisions of this Ordinance to pay new fees.

63rd employer is in violation of the provisions of section 19th, refused to assist the social security administration to investigate the incident verification, by the social security administration ordered corrective action and less than 2000 Yuan and 20,000 yuan in fines.

The eighth chapter by-laws

64th wages referred to in these regulations refers to the employer directly to the units all workers ' total compensation. Referred to in these regulations shall be paid, refers to the injured workers suffered work accidents or occupational disease the first 12 months of the average monthly salary.

Wages above the overall average wage of staff and 300%, in line with the area calculated on the average salary of all employees 300%; wages lower than the overall average wage of staff and 60% of, in line with the average wage of staff and 60%. 65th civil servants and the civil service law of the public institutions, social groups of staff accidents due to work injury or occupational disease, paid for by his employer.

Specific measures prescribed by the Social Security Administration Department under the State Council in conjunction with the financial sector. 66th article no license or without law registration, and record of units and was law revoked license or revoked registration, and record of units of workers by accident hurt or patient occupational of, by the units to disability workers or death workers of near relatives give one-time compensation, compensation standard shall not below this Ordinance provides of injury insurance treatment; employing units shall not using child labour, employing units using child labour caused child labour disability, and death of, by the units to child labour or child labour of near relatives give one-time compensation, Compensation for work injury insurance benefits may not be lower than the provisions of this Ordinance.

Specific measures shall be prescribed by the Social Security Administration Department under the State Council.

Prescribed in the preceding paragraph of disabled workers or close relatives of the killed workers compensation dispute with the unit, as well as the provisions of the preceding paragraph of the worst or close relatives of the child and the amount of compensation dispute, in accordance with the relevant regulations of the labor disputes. 67th article of the regulations come into force on January 1, 2004. Prior to the implementation of this Ordinance was injured by accident or suffer from occupational diseases has not yet completed work-related injury certification of workers, in accordance with the provisions of this Ordinance.