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Measures Of Hunan Province, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 湖南省实施《工伤保险条例》办法

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Modalities for the implementation of the Work injury Insurance Regulations in the southern province of Lake

(Adopted by the 21st ordinary meeting of the Government of the Southern Province on 22 January 2014, No. 267 of 22 February 2014 by the Order of the People's Government of the Southern Province of the Great Lakes Region (Act No. 267)

Chapter I General

Article 1 establishes this approach in line with the State Department's Regulations on Work injury Insurance (hereinafter referred to as the Regulations) and relevant laws, regulations and regulations.

Article 2

Employers in this province are entitled to work injury insurance treatment in accordance with the provisions of the Regulations and the scheme.

Article 3: The user unit shall participate in the list of workers involved in the work injury insurance, the amount of the pay, the accident of work and the declaration of work injury.

The user units should strengthen safe production education, strengthen the training of accident-saving knowledge and skills, and enhance the awareness and resilience of workers to prevent injuries.

In the event of injury, the user unit should take measures to ensure that workers are treated in a timely manner and to report on the social security administration and the workplace injury insurance agencies.

Article 4

Chapter II Work injury insurance fund

Article 5

(i) Employees' insurance contributions;

(ii) The interest of the work injury insurance fund;

(iii) The delay in payment of lag funds for work injury insurance;

(iv) Government subsidies granted under the law when the work injury insurance fund is paid;

(v) Other provisions of law should be incorporated into the funds of the Work injury Insurance Fund.

Article 6. The Workers and Injuries Insurance Fund has been integrated throughout the city, the State of self-government in the established area, with conditions that are in place.

As a result of the integration of the work injury insurance throughout the province, the old-age insurance is managed directly by the province and its work injury insurance can be managed directly by the province.

Article 7. The Integrated Regional Social Insurance Administration shall, in accordance with the State's provisions, make specific programmes for the application of industrial differential rates and for the processing of intra-sector rates, post-approved by the Government.

The office shall determine the amount of contributions of the unit of the person in accordance with the industrial differential rate and the operating rate approved by the integrated territorial Government.

Article 8.

It is difficult to pay the industry and enterprises with the total wage of the employee, which, with the approval of the Integrated Regional Social Insurance Administration, can pay the premium for work injury in accordance with the contributory scheme established by the State Social Insurance Administration.

Article 9. The following costs incurred as a result of work injury and expenses incurred for work-related injury insurance are paid under the State's regulations:

(i) Medical costs and rehabilitation costs for treatment of work injuries;

(ii) Accommodation grant;

(iii) Travel accommodation for medical care outside the integrated area;

(iv) Requirements for the installation of disability support equipment;

(v) Life is not self-sustainable and the cost of living care, as confirmed by the Labour Capacity Identification Commission;

(vi) A one-time disability grant;

(vii) Liimation allowance for persons injured at the level to four levels;

(viii) A one-time medical grant that should be enjoyed in the event of termination or dismissal of a labour (employment);

(ix) The funeral grant paid to the survivor of the worker for the benefit of the dependent family and a one-time surviving benefit;

(x) Determination of the cost of investigation and labour capacity identification;

(xi) Work injury prevention and training costs.

The following Article 10 costs shall not be paid by the Industrial injury Insurance Fund:

(i) Costs to be paid from the Medical Insurance Fund;

(ii) Treatment costs outside the country;

(iii) Costs that are not in compliance with the directory of the work injury insurance treatment project, the directory of work injury insurance medicines, and the standards for inpatient services for work injury insurance;

(iv) Other expenses not paid under the law.

Article 11 establishes a reserve for work injury insurance at the provincial and district levels of self-government. In the integrated area, a reserve of 10 per cent of the total annual work injury insurance funds was retained for 5 per cent and 5 per cent for provinces.

The work injury insurance reserve is paid for work injury insurance treatment for major accidents and the payment of the work injury insurance fund is insufficient. The provincial work injury insurance reserve is used for the replenishment of the special accident and the integrated regional work injury insurance fund. The specific use of the work injury insurance reserve is developed by the Government's Social Insurance Administration with the financial sector, which is followed by the approval of the Provincial Government.

Chapter III

Article 12. The Social Insurance Administration and the Office of the United Nations High Commissioner for Refugees shall establish a system of reporting on accidents.

Traffic accidents in the course of the past, or other causes of heavy injury, death accidents, should be reported within 24 hours after the accident; minor accidents and occupational diseases caused by other causes should be reported within three days after the accident occurred or after the receipt of a medical diagnosis of occupational diseases; reports should be reported within three days after the removal of the barriers. The social security administration and the agencies of the Office should establish a bank to register it.

Article 13, a person's unit, a worker or his close family, a trade union organization shall apply for work injury determination and shall be submitted to the integrated regional social security administration within the time specified in Article 17 of the Regulations.

For special reasons, an application could not be made within the period specified in article 17 of the Regulations, with the consent of the social insurance administration in the integrated region, for a period of 60 days.

The user unit did not apply within the period provided for in the preceding paragraphs, and the cost of working injury during that period was borne by the user unit.

Article 14. The applicant shall apply for work injury determinations that the application shall be completed and submitted:

(i) The identity of the injured worker;

(ii) Evidence of labour relations with the user unit, including personnel relations;

(iii) Medical diagnostic certificates or certificates of occupational illness diagnosis or certificates of occupational illness diagnosis;

(iv) In working hours and in the workplace, as an accidental injury to the performance of duties, such as violence, is submitted to the People's Court of Justice instruments or evidence from the public security sector or other evidence;

(v) In the course of the trip, a traffic accident or a urban orbit, passenger ferry, fire accident injury, submitted to the public safety transport management or other relevant departments;

(vi) Submission of evidence or other evidence from the public security sector due to the injury suffered during the course of work; submission to the People's Court of Justice of an instrument of death due to the absence of an accident;

(vii) Deaths in working hours, work-time emergencies, or deaths within 48 hours of working hours, sudden-onset illnesses in work, and referral to medical institutions for recovery and death certificates;

(viii) Be harmed in the maintenance of national interests, public interest activities, such as disaster relief, to be submitted to civil affairs or other relevant departments;

(ix) Removal, demobilization, veterans of war, maiming, veterans, and revictimization after the agent's unit, for presentation to the veterans of the revolution and the old-favoured diagnostic certificates of medical institutions above the district level.

The user unit does not participate in the work injury insurance and should also submit registration or approval certificates for the establishment of the user unit.

Article 15. The Social Insurance Administration shall review the submissions submitted by the applicant within 15 days after the receipt of the employment injury determination request. The material is complete, the decision to be taken or inadmissible. The decision should be taken in the form of the Work injury determination for the admissibility of the decision; the decision to be inadmissible should be made.

The applicant's submissions were incomplete, and the Social Insurance Administration should inform the applicant of the full material that was needed to be added to the present. The date of receipt of the material was later unknown. The applicant submitted all the additional material, and the Social Insurance Administration should, within 15 days, make and give the decision to admissibility in accordance with the preceding paragraph.

Article 16, the applicant's claim for work injury, one of the following cases, is inadmissible by the social security administration and should explain the reasons:

(i) Incompatible with the jurisdictional provisions;

(ii) This is the case under article 46 of the Regulations.

Article 17 The Social Insurance Administration shall take a decision on industrial injury within the time frame set out in article 20 of the Regulations and shall transmit the decision of the worker or his close relatives and user units to the institution of the institution from 20 days from the date of the determination of the worker.

The worker and the agent's unit are not counted within the time period determined by the worker's injury due to the existence of a labour relationship.

Article 18

The provincial Government's social security administration should choose to determine the typical case of injury, which was reviewed by the Ministry of the Rule of Law of the Provincial People's Government and published by the Government.

The Social Insurance Administration handles the same work injury determination and, in addition to changes in the legal basis and objective circumstances, should refer to the typical cases that have been issued.

Chapter IV

Article 19

(i) Confirmation of the extension of the duration of work leave;

(ii) Identification of causes and consequences of disease and work injury;

(iii) Confirmation of a supporting tool;

(iv) Recognition of the extent to which relatives are deprived of their labour capacity;

(v) Other matters under the law, legislation and regulations.

The Labour Capacity Identification Commission performs specific responsibility for the organization and day-to-day work of the Labour Capacity Identification Commission.

Article 20

(i) Work injury determinations by the social security administration;

(ii) A copy of the worker's identity card;

(iii) Medical diagnostic certificates, occupational illness diagnosis certificates or occupational diagnostic certificates.

The Labour Capacity Identification Commission should conduct a labour capacity identification within the time frame set out in article 25 of the Regulations and communicate the findings to the applicant.

Article 21, the unit of the agent shall, within 30 days of the date of receipt of the findings of the Labour Capacity Identification Commission, decide on the determination of the worker and the results of the identification of the labour capacity, to the extent that the integrated regional office conducts a declaration of the treatment of the injury insurance for workers.

In article 22, the user unit has been involved in the work injury insurance and the worker's labour capacity identification fee is paid from the work injury insurance fund. The cost of the worker's labour capacity identification is borne by the user's unit without participating in the work injury insurance or without paying the worker's injury in full on time.

The labour capacity requested by the worker or his close relatives, the unit of the unit, once again validated or reviewed, concluded that the cost of the identification was higher than the original identification level, paid from the work injury insurance fund; the result was less than the original findings or the same as the original identification findings, and the costs were borne by the applicant.

The labour capacity identification criteria are developed by the provincial government price authorities with the financial sector.

Chapter V

Article 23 is determined by the Social Insurance Administration of the Integrated Region as a worker for work injury, and its medical costs for the treatment of work injuries, the cost of work injury rehabilitation and the cost of supporting equipment are met from the work injury insurance fund.

Employers are treated for accident injuries or for occupational illnesses, and prior to the finding that medical expenses are paid by a user unit; mattress payments and subsequent medical costs are paid from the work injury insurance fund, as determined by law.

Accommodation allowance for workers' inpatient treatment work injury, as well as a medical institution, has been confirmed by the agreement of the IGO that the cost of transportation, accommodation costs for medical treatment are paid from the work injury insurance fund. Specific criteria paid by the Fund are implemented in accordance with the relevant provincial provisions.

Article 24 defines the worker as a result of his or her disability at the level to four levels, retains labour relations, withdraws from the job and enjoys the treatment provided for in article 35 of the Regulations.

Article 25 Employers are identified as five-level and sixth-level disability for work-related disability and are treated under article 36 of the Regulations.

The worker himself makes it possible to dislocate or terminate the labour relationship with the agent's unit and to pay a one-time injury medical benefit from the work injury insurance fund, and to pay a one-time disability employment grant by the user unit to terminate the work injury insurance relationship.

The specific criteria for a one-time work injury medical grant are: five-tiered disability is a 24-month personal wage; six-tiered disability is 18-monthly personal salary; and a specific standard for a one-time disability employment grant is: 36-monthly salary for the fifth disability and the personal salary of 30 months.

Article 26 Employees are identified as disabled by grades 7 to X and are paid a one-time disability grant under article 37 of the Regulations.

The labour (exploitation) contract expires, or the worker himself makes the dismissal of the labour (replacement) contract, which is paid by the Workers' Insurance Fund for a one-time injury medical grant and terminated the work injury insurance relationship by the user unit.

The specific criteria for a one-time work injury medical grant are: seven-year-old disability is 15-monthly personal salary, eight-year-old disability is 10 months of personal salary, and nine-year-level disability is 8 months of personal pay; and one-time disability employment grant Specific criteria are: seven-year-old disability is 15-monthly personal salary, eight-year-old disability is 10 months of personal salary, nine-year-old disability is paid for himself and 10 years of disability.

At the time of termination of labour relations or dismissal of the labour (employment) contract, the employee's personal salary was less than 60 per cent of the average annual wage of the worker in the area of integration, calculated and paid a one-time injury medical grant and a one-time disability employment grant by 60 per cent of the average annual employee's salary in the area.

In accordance with article 25, paragraph 26 of this approach, a one-time injury medical grant and disability employment grant shall be granted in accordance with the provisions of article 25, article 26 of the scheme; in less than five years, less than 20 per cent of the year each year, with the maximum of 90 per cent in full.

Employees who have reached retirement age and are in the process of retirement are not granted a lump-sum medical grant and disability employment benefits.

Under article 28, the employee died as a result of his work, his close relatives enjoyed treatment under article 39 of the Regulations.

The user unit should confirm that the worker's worker's worker's worker's worker's worker's worker's worker's worker's death certificate and the information of the relatives of the deceased person shall be reported to the institution for the treatment of the injury insurance. The institution shall authorize the funeral grant within 15 days of the receipt of the declaration, the payment of the pension for the dependent family and the one-time surviving benefit.

Under article 29, disability benefits, pensions for foster relatives, living care rates, are adjusted in conjunction with old-age insurance treatment by the Integrated Regional Social Insurance Administration in the same way as the financial sector based on the average wage and changes in the cost of living.

Article 33, when a worker accident occurred during the course of his work or was unknown in the context of a risk response, the accident was paid by a user unit within three months of the month, from the 4 months of the suspension of the salary from the employee's insurance fund for the payment of the pension to the relatives by month. There are difficulties in living and 50 per cent of one-time surviving benefits can be expected. The worker reoccured that a one-time surviving grant for the benefit of a dependent family, which was paid by the family in the month, should be returned to the institution in a timely manner.

Article 31 shall provide workers with disability benefits, work surviving workers for the benefit of their dependent family members, as prescribed annually, to the integrated regional office.

The conditions for the treatment of work-related injury insurance for work-related injury or work-life workers or workers for their dependent family members should be reported in a timely manner by an integrated regional office, and by an agency to adjust the treatment of work injury insurance from the time of change.

Article 32 quantification, consolidation and transfer of subsidiaries should assume the responsibility for work injury insurance for the former agent's unit; the former's unit has been involved in the work injury insurance, and the subsequent units should be registered with local agencies for the processing of work injury insurance changes.

The owner's unit operates a contract and the liability for work injury insurance is borne by the unit of the employee's labour relationship.

The owner's unit will transfer the right to work, such as the right to manufacture, labour works or contractors to units or individuals that do not operate the qualifications, and the liability for work injury insurance is assumed by the user unit.

The employee was injured by an accident during the secondment period and was covered by the former agent's unit, but the former unit could agree with the secondment unit.

Employees are employed in more than two units, and the liability for work injury insurance is borne by the user units working in the event of an accident.

Individuals depend on other units and operate on the name of the unit, and the responsibility for the insurance is assumed by the unit of the wall.

The original owner's unit was cancelled by law and liability for work injury insurance was owed by the liquidation organization or by the liquidation report.

With the integration of workers and injured persons into the integrated management of work injury insurance, the work injury insurance fund provides for medical treatment for work injury recovery, but does not pay one-time disability benefits, one-time disability employment benefits, one-time work injury medical benefits.

Chapter VI Oversight management

Article 34, Agency-specific insurance, performs the following duties:

(i) The collection of work-related injury insurance contributions and the regular publication of the income and expenditure of the work injury insurance fund;

(ii) To verify the total salary of the user unit and the basic conditions of the individual salary, age, working species etc., to conduct work injury insurance registration and to maintain records of the payment of the royalties, the basic conditions of the employee and the treatment of work injury insurance;

(iii) Conduct of work injury insurance investigations, statistics and information systems management;

(iv) In accordance with the provisions for the management of expenditures of the work injury insurance fund, the work and injury insurance fund shall be responsible for the pre-calculation work;

(v) Approval of work injury insurance in accordance with the provisions;

(vi) Provide free counselling services for workers or their close relatives;

(vii) To make recommendations to the Social Insurance Administration for the adjustment of industrial disparity rates, based on the income and expenditure of the Work injury Insurance Fund.

Article XV of the accident of work, the user unit should send the injured worker to medical institutions that have signed service agreements with the agencies concerned in a timely manner and, as a matter of urgency, may be sent to medical institutions that have signed service agreements after the stabilization of the incident.

The health-care management approach for workers is developed by the Ministry of Social Insurance of the Provincial People's Government and the Ministry of Health.

Article XVI provides that the user unit is not in a position to process the declaration of the treatment of work injury insurance in a timely manner under article 21 of this scheme, with disability benefits and life-care fees for workers who have been injured during the period under review and paid by the user unit in accordance with the standards set out in the Regulations and this approach.

Article 37 does not participate in work injury insurance or unpaid work injury insurance contributions, whose employees are victims of accidents or occupational illnesses, and, after the determination of work injury by the Integrated Regional Social Insurance Administration, are assumed by the user's unit to assume responsibility for work injury insurance under the Regulations and the standards set out in the scheme.

The absence of full payment of work injury insurance after the participation of the user unit in the work injury insurance has resulted in loss of employment injury insurance treatment for workers, which is supplemented by the user unit.

Article 338, for workers engaged in engaging in occupational diseases, should organize occupational health inspections in accordance with the law before, during and after-service periods, and establish occupational health custody files for workers.

The unit shall not arrange for the operation of a worker who is not subject to a pre-vocational occupational health examination to engage in occupational diseases; shall not arrange the employment of a worker with a occupational ban to carry out its prohibited operation; nor shall a worker who does not carry out a pre-emption occupational health examination be removed or terminated its labour contract.

In violation of the preceding paragraphs, the employee suffers from occupational illnesses, whose work injury insurance treatment is paid by the user unit. The user unit refuses to pay, delay payments or affordability, and the work injury insurance fund is paid by law. The user unit should repay the cost of treatment for work injury insurance payments made by the work injury insurance fund prior to the start of the work injury insurance fund; the user unit was not reimbursed and the institution was reimbursed by law.

Chapter VII

Article 39 of this approach refers to “old workers and injured persons”, which are defined by State, collective enterprises prior to the integrated management of the work-related injury insurance social, or who have been subjected to work-related injury by an enterprise or by the competent authorities, retired workers, surviving persons for the care of their families, excluding workers and injuries associated with dismissal, termination of labour relations or termination of work-related injury treatment.

The period of limitation set out in this approach, which exceeds 10 days of naturality, is the following 10 days of work.

Article 40 of this approach has been implemented since 1 April 2014, and the Modalities for the Implementation of the Industrial Injury Insurance Regulations in the Southern Province of Lake, published by the Government of the People of the province on 1 April 2004 have been repealed.