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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399537.shtml

Measures of Hunan province, the implementation of the work-related injury insurance regulations

    (January 22, 2014 21st Executive meeting of the people's Government of Hunan province on February 22, 2014, Hunan provincial people's Government order No. 267, published April 1, 2014) Chapter I General provisions

    First according to the work-related injury insurance Ordinance (hereinafter referred to as the regulations) and related laws and regulations, combined with the facts of the province, these measures are formulated.

Article within the administrative area of the province of enterprises, institutions, social organizations, private non-enterprise organizations, foundations, law firms, accounting firms and individual industrial and commercial households with employees (hereinafter referred to as the employer) shall be in accordance with the provisions of the Ordinance and these rules, participation in work-related injury insurance, for all workers or employees of the entity (hereinafter employees) pay a fee for work-related injury insurance.

    Employees within the administrative region of this province are in accordance with the Ordinance and the regulations of work-related injury insurance benefits rights.

Thirdly, the employing unit shall in prominent positions within the Organization publicized the participate in work-related injury insurance of staff list of amounts, payment of wages, occupational accident and injury reporting, and so on.

The employer should enhance safety education, strengthening the accident rescue each other knowledge and skills training to enhance staff's awareness of injury prevention and self-help aid.

    When an injury occurs, the employer shall take measures so that injured workers receive timely treatment, and report the social security administration and the work-related injury insurance agency.

    Article fourth Social Security Administration Department of the people's Governments above the county level responsible for the administration of workers ' compensation insurance, industrial injury insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

    Chapter II the work injury insurance fund

Fifth the work injury insurance fund consists of the following components:

(A) the employer to pay industrial injury insurance;

(B) the interest of the work injury insurance fund;

(C) the delayed pay industrial injury insurance premium surcharge;

(D) the work injury insurance fund, the Government paid out subsidies shall be given;

    (E) other funds covered by work injury insurance fund according to law.

Sixth the work injury insurance fund in the district municipalities and autonomous implementation of city, State, and manpower and conditions implement the province's overall plan.

    Before the work-related injury insurance and manpower across the province, directly managed by the province of pension insurance employers, work-related injury insurance can be managed directly by the province.

Article seventh co-ordinating social security administrative departments shall, in accordance with State regulations, proposed applying different rates and rate brackets in the industry specific solutions, integrated and regional people's Government for approval.

    Agencies should co-ordinate district people's Government employers industry differential rates and rate brackets in the industry, determine the employer's contributions.

Eighth employing unit shall be determined in accordance with agency contributions in full and on time to pay industrial injury insurance.

    Difficult to follow the industry and workers ' wages to pay industrial injury insurance company, and manpower areas approved by the social security administration, in accordance with the provisions of the Social Security Administration Department under the State Council pay a fee basis of industrial injury insurance.

Nineth expenses following injury and industrial injury insurance fees paid from the work injury insurance fund in accordance with country:

(A) in the treatment of work-related medical and rehabilitation costs;

(B) the hospital food allowances;

(C) to co-ordinate traffic accommodation areas for medical treatment;

(D) install the configuration requirements for disability AIDS;

(E) unable to take care of after work confirmed by the Identification Commission has a nursing fee;

(Vi) a one-time disability allowance;

(VII) level to a four-level work injury disability allowance;

(H) the termination or dissolution of Labor (employment) contract should enjoy medical benefits;

(IX) who died in the worker's survivors receive a funeral grant, dependent relatives, one-time death benefits;

(10) industrial injury investigation and work identification costs;

    (11) the promotion of injury prevention and training costs.

Tenth below cost, the work injury insurance fund not be paid:

(A) shall pay the costs out of the health insurance fund;

(B) overseas treatment costs;

(C) the clinic project directory does not meet the work-related injury insurance, work injury insurance, medical, work injury insurance, standard cost of hospital services;

    (D) other costs that are not paid in accordance with law. 11th establishment of provinces and districts of the city and prefecture levels work-related injury insurance reserves.

Pool area according to the year the work injury insurance fund collection 10% of total extraction reserves, retained 5%, to the 5% solution on the province. Work-related injury insurance reserves for the major accident work injury insurance benefits paid and paid when the work injury insurance fund to make ends meet. Provincial workers ' compensation insurance reserves for accidents and co-ordinating relief when the work injury insurance fund to make ends meet.

    Specific measures for the use of the work-related injury insurance reserve set by the provincial people's Government, the social security administration in conjunction with the Ministry of finance, submitted to the provincial people's Government for approval before implementation.

    Chapter III industrial injuries cognizance

12th overall social security administrations and agencies handling industrial accidents reporting system should be established. Traffic accident on the way to or from work, or other causes of serious injury accidents and fatalities, the employing unit shall, within 24 hours after the accident reported; other causes of injury accidents and occupational diseases, the employer shall, after the accident or occupational disease diagnosis within the 3rd report received; due to force majeure reasons not reported within the above time, should be reported to 3rd after the obstacle is removed.

    Social security administrations and agencies handling accounts should be established, to be registered.

13th employers, injured workers or their close relatives, the trade union organization for work-related injury certification should be within the time stipulated in article 17th of the regulations, to co-ordinate social security Administrative Department.

Employer due to special reasons cannot make an application within the time limit under article 17th of the regulations, by co-ordinating District Social Security Administration Department, the time limit can be extended by 60 days.

    Employer fails to submit an application within the time limit prescribed in the preceding two paragraphs, during treatment in which fees shall be borne by the employer.

Article 14th applicants for work-related injury certification, should fill in the application form for work-related injury certification and submit the following materials:

(A) the identification by injured workers;

(B) the labour relation with employers (including personnel) of supporting documents;

(C) medical diagnosis, or the occupational disease certificate or certificate of diagnosis of occupational disease;

(D) during working hours and within the workplace, arising from the performance of duties by the violence, accidental injury, submitted to the people's Court judgment document or certificate or other proof of the public security sector;

(E) the way to or from work, are not my primary responsibility of traffic accident or urban rail transportation, passenger ferries, train accidents, submit proof of public security traffic administrative department or other relevant departments;

(Vi) during the work out, due to work injury, submit police certificate, or other proof because of an accident is unknown, identified in fatal applications submitted, submitted to the people's Court to declare the instruments of death;

(VII) working time and workplace disease death, or during work hours, job's emergency rescue invalid within 48 hours of death, rescue and death certificates submitted to the medical institutions;

(VIII) in emergency rescue and disaster relief, and other maintenance activities harmed national interests, public interests, submit proof of the Home Department or other relevant departments;

(IX) due to war, displaced, demobilized, veterans disabled by injuries, injury recurrence after employers submit disabled revolutionary soldiers cards and old injury diagnosis of medical institutions above the county level.

    Employer does not participate in work-related injury insurance, should also be submitted to the employer's establishment of registration or approval of proof. 15th social security administration after receiving a work-related injury certification request shall review materials submitted by the applicant in the 15th. Materials, to accept or not to accept the decision.

Decision of admissibility, it shall issue a written decision on the work-related injury certification applications; decision inadmissible, shall issue a written decision on the work-related injury certification application as inadmissible. Materials submitted by the applicant does not complete, the social security administration should be spot or one-time inform the applicant in writing within the 5th need correction of all materials. Inform overdue, from the date of receipt of the material shall be accepted.

    All the correct materials submitted by the applicant, the social security administration should be made in accordance with the provisions of the preceding paragraph in the 15th and issue a decision on whether to accept.

16th applicants work injury certification applications, any of the following circumstances, the social security administration is inadmissible, and shall state the reason:

(A) does not meet the requirements of the jurisdiction;

    (B) belongs to the 66th of the circumstances set forth in the regulations.

17th the regulations of the social security administration in the 20th of the work injury certification decision within the time limit provided for in article, and from the date of work-related injury certification decisions in the 20th, will work-related injury certification decision in writing to harm workers or their close relatives and employers, and copied to the Agency.

    Injured workers and employers because of the existence of disputes in labour relations, in accordance with legal procedures to handle labor disputes of the time does not count the ascertainment within the time limit.

18th work injury case held to guide system.

Provincial social security administration selected industrial injury case review by the provincial Department of Legal Affairs, submitted to the provincial people's Government authorized issue.

    Social Security Administration Department handles the same work-related injury certification services, except in case of legal basis and objective changes, typical cases shall be referred to has been published.

    The fourth chapter of work competency expertise

19th provincial and district municipalities and autonomous work competency expertise on the Committee responsible for the injured workers ' disability and self-care disability level of identification and technical confirmation or identification of the following:

(A) confirmation of the extended shutdown leaves salary;

(B) identification of illness and injury causation;

(C) configure assistive confirmation;

(D) confirmation of the degree of incapacity of dependent relatives;

(E) other matters stipulated by laws and regulations.

    Work appraisal Committee Office in charge of work competency expertise on organization and daily routine.

20th work competency expertise on application by the employer, the injured employee or his close relatives to co-ordinate work competency expertise on the Committee, and provide the following materials:

(A) the written decision on work-related injury certification of the social security administration;
(B) the injured employee ID card copy;

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

    25th work competency expertise on the Committee should be to the regulations within the time limits provided for in article work competency expertise, and the ability to work written conclusions to the applicant.

    21st the employer shall receive five days of work competency expertise conclusions in the 30th, work-related injury certification decision and the ability to work identification book, and manpower agencies for worker treatment of work-related injury insurance reporting procedures. 22nd the employer has participated in work-related injury insurance, the injured employee working ability appraisal costs paid from the work injury insurance fund.

Employers do not participate in work-related injury insurance, or fails to pay industrial injury insurance, and injured workers ' ability to identify costs borne by the employer.

Injured workers or their close relatives, the unit identification identification or review applications ability to work again, the conclusion above the original grade, appraisal costs paid from the work injury insurance fund; the conclusion below of the original conclusions or with the conclusion of the same, identification of costs borne by the applicant.

    Price of work competency expertise on charges by the provincial departments of finance to develop.

    The fifth chapter work injury insurance benefits

23rd as co-ordinating District Social Security Administration identified as industrial workers, the medical costs for treating work-related injuries, work-related injury rehabilitation costs and assistive devices configuration costs paid from the work injury insurance fund according to regulations.

Employee accident due to work injury or occupational disease treatment, before the work-related injury certification, medical expenses paid by the employer; being legally recognized as work-related injuries, disbursements and future medical expenses paid from the work injury insurance fund after approved by the Agency. 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 in accordance with the relevant provisions of the province.

    24th employee work was identified as grade I to grade of disability disability, labor relations, quit the job, enjoy the article 35th of the provisions of the regulations.

25th employee for work disability were identified as five levels, six levels of disability, the enjoyment of the 36th of the treatment provided for in article.

Proposed injured workers, and employers the rescission or termination of labor relations, suspension of disability allowance paid from the work injury insurance fund one-time injury medical benefit, the employer paid a one-time disability employment grant, termination of work-related injury insurance.

    One-time injury medical benefit of specific criteria: five for 24 months ' wages, six for 18 months ' wages; one-time disability employment grant specific criteria: five for 36 months ' wages, six for 30 months ' wages.

26th employee for work disability is identified as a seven-to ten-level disability, in accordance with the Ordinance provisions of 37th, one-time disability benefits paid from the work injury insurance fund.

Labor (employment) contract termination of labor relations, or the employees ' own labor (employment) contract, paid from the work injury insurance fund one-time injury medical benefit, the employer paid a one-time disability employment grant, termination of work-related injury insurance.

One-time injury medical grant of specific standard is: seven level disability for 15 months of I wage, eight level disability for 10 months of I wage, nine level disability for 8 months of I wage, 10 level disability for 6 months of I wage; one-time disability employment grant specific standard is: seven level disability for 15 months of I wage, eight level disability for 10 months of I wage, nine level disability for 8 months of I wage, 10 level disability for 6 months of I wage.

    Termination of an employment relationship or termination of Labor (employment) contract, the injured worker wages lower than the overall regional annual average wage of staff and 60%, according to 60% of the overall regional annual average wage of staff calculation and payment of one-time injury medical benefit, and a one-off disability employment grant.

27th article five level to 10 level disability injury workers voluntary and employing units lifted or terminated labor relationship, from statutory retired age 5 years above (containing 5 years) of, should according to this approach 25th article, and 26th article of provides enjoy one-time injury medical grant and disability employment grant; insufficient 5 years of, each less one years there 20%, but highest there amount shall not over full of 90%.

    Injured worker reaches retirement age and retirement formalities, does not enjoy a one-time injury medical benefit and disability employment grant.

28th the employee who died in, and his close relatives enjoy the 39th article treatment of the Ordinance. Employer should check within 30th of employees who die in work, the death of the deceased found proved and the relatives of the deceased of information apply to agencies work injury insurance benefits.

    Agency shall, after receiving the Declaration approved by the 15th funeral grant, dependent relatives and one-time death benefits.

    Article 29th pension, disability allowance, dependent relatives living standards, by co-ordinating the social security administration in conjunction with the Ministry of Finance according to the employee wage and cost of living change, and old-age insurance benefits synchronous adjustment. 30th employee for work-out during an accident or unaccounted for in the disaster relief, within 3 months from the month of the accident by the employer pay wages, 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 reappeared, dependent relatives dependent relatives of the monthly pension, advances the one-time death benefit agencies handling should be returned immediately.

31st an employing unit shall annually provide injured workers required to co-ordinate agencies enjoy disability benefits, worker death proof of dependent relatives of workers enjoy pension benefits.

    The injured employee or surviving dependent relatives of workers entitled to work injury insurance conditions change, employers, injured workers or surviving dependent relatives of employees should promptly report and manpower agencies, agencies from the change of months to adjust the work-related injury insurance benefits.

Article 32nd 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.

Employer right to production management, labor, engineering construction illegal transfer or contracting units or individuals without qualification, employment injury insurance borne by the employer.

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.

Workers employed in two or more employers, employment injury insurance employees working for employers when injured by accident account.

Personal affiliation on behalf of the Ministry departments and other units to operate, employment injury insurance borne by the affiliated units.

    Primary employer is written off in accordance with law, employment injury insurance by liquidation or liquidation report, determines the rights and obligations assumed under it.

    33rd old injured people covered by work injury insurance and manpower management, paid from the work injury insurance fund according to the prescribed medical treatment for injuries recurrence, but don't pay disability benefits, one-time grants, one-time injury medical disability employment grant.

    Supervision and administration of the sixth chapter

Article 34th agencies undertaking work-related injury insurance matters, carry out the following functions:

(A) is imposed by the work injury insurance fund, regularly publish the work injury insurance fund revenue and expenditure;

(B) verification of the employer's total payroll and employee wages, basic information such as age, type of handle registration of industrial injury insurance, and was responsible for saving the employer contributions, employee personal records, work-related injury insurance benefits;

(C) work-related injury insurance investigation, statistics and information management;

(D) the management of work-related injury insurance payouts from the Fund pursuant to the provisions, responsible for the work injury insurance fund budget work;

(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;

    (G) under the work injury insurance fund balance, make adjustments to the social security administration industry differential rates proposal.

35th industrial accident, the employer shall promptly injured workers rushed to the medical institution of the service agreement with the Agency, when the urgency of the situation, you can go to the nearest medical institution first aid injury stabilization transferred to medical institutions have signed service agreement.

    Injured workers medical management approach formulated by the provincial people's Government, the social security administration in conjunction with the Health Department.

    36th employer fails to follow this approach article 21st declaration procedures for the treatment of industrial injury insurance in time, not to handle injured worker during the disability allowance and care fees, by the employer in accordance with the provisions of the Ordinance and these rules, the standard payment.

37th the employer does not participate in work-related injury insurance or unreasonably stopped paying workers ' compensation insurance costs, the workers injured by accident or occupational disease, and manpower after the social security administration found that work-related injuries, by the employer in accordance with the Ordinance and the work-related injury insurance benefits as provided herein project and standard assume the worker's work-related injury insurance.

    Employers ' participation in work-related injury insurance is not required to pay workers ' compensation insurance costs, resulting in loss of work-related injury insurance benefits of workers and employers make up the difference.

Article 38th for workers exposed to occupational hazards, the employing unit shall organize work before, during and post the job occupational health examinations and for worker occupational health surveillance archives.
The employing unit shall not assign without pre occupational health examination of workers engaged in the occupational-disease-inductive operation; not arrange taboo-workers to engage in taboo operations; did not receive post-leaving occupational health check before employees shall not release or terminating the employment contract.

If an employer violates provisions of the preceding two paragraphs, workers suffer from occupational diseases, work-related injury insurance benefits paid by the employer. Employer refused to pay or delay the ability to pay or not to pay, paid from the work injury insurance fund according to law.

    The employer should pay for the work injury insurance fund to pay for work-related injury insurance benefits costs; employer not paying, agency legal recourse to the employer.

    The seventh chapter by-laws

39th article this approach by said "old injury personnel", is refers to state-owned, and collective enterprise in injury insurance social and Manpower Management yiqian confirmed for injury or for workers patient occupational, still by enterprise or competent sector paid injury treatment of on-the-job injury personnel, and retired tuiyang injury personnel, and workers died personnel of dependent relatives, not including and original enterprise lifted, and terminated has labor relationship or terminated has injury treatment relationship of injury personnel and has enjoy has one-time injury insurance treatment, and pension treatment of injury personnel, and dependent relatives.

    The date of limitation as provided herein, more than a 10th of the natural day, 10th the following working days. 40th these measures come into force on April 1, 2014, on April 1, 2004 province people's Government announced the measures for the implementation of regulations on industrial injury insurance in Hunan province (Hunan provincial people's Government, the 185th) repealed simultaneously.