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In Jilin Province, The Implementation Of The Measures Of Work-Related Injury Insurance Ordinance

Original Language Title: 吉林省实施《工伤保险条例》办法

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Methodology for the implementation of the Labour Injury Insurance Regulations in Glin Province

(The 9th ordinary meeting of the Government of Chilin Province, 10 September 2013, considered the adoption of Decree No. 242 of 15 October 2013 by the People's Government Order No. 242 of 15 October 2013, of 1 January 2014.

Chapter I General

In order to guarantee medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, to promote work injury prevention and occupational rehabilitation, to disperse the risk of work injury in their units and to develop this approach in line with the Work injury Insurance Regulations.

Article 2

Employees and employees (hereinafter referred to as workers) of the user unit have the right to be treated under the provisions.

Article 3 shall be subject to laws, regulations and regulations relating to safe production and occupational disease prevention, the establishment of a liability for accidents, occupational diseases prevention and reduction of occupational hazards.

Employers should comply with safe production protocols, increase accident injury and self-prevention awareness, avoid and reduce accidents, occupational diseases harm themselves.

In cases of accidents by workers and occupational illnesses, the user units should take measures to enable workers to be treated in a timely manner.

Article 4 The Social Insurance Administration performs specific work injury insurance services.

Article 5

Chapter II Work injury insurance fund

Article 6. The Workers and injuries insurance fund introduces a system of integration at the municipal and provincial levels, and is gradually achieving provincial integration.

Article 7.

The provincial Social Insurance Administration, in conjunction with the provincial financial sector, develops and adapts the industrial benchmark rate in the province based on the principles and specifications established by the State, which is published after the approval of the Government. The Integrated Regional Social Insurance Administration developed a buoyage approach to the region's rates, which was published after the approval of the Government of the Integrated Region.

In accordance with the rate of buoyage, the Agency established the payment rate for the work injury insurance of the agent's unit in accordance with the payment of work injury insurance funds, the incidence of work injury and the level of occupational illness.

Article 8 It is difficult to pay a premium for work injury in accordance with the total salary, which is implemented in accordance with the relevant national provisions.

The use of the unit should be shown in this unit.

The work injury insurance agencies should conduct payment procedures in a timely manner for the user units that meet the conditions of insurance.

Article 9. The Work injury insurance fund is administered by a financial exclusive household to cover costs such as the treatment of insured persons for work injury insurance, the identification of labour capacities, the prevention of work injury and training, and other costs for work injury insurance under the laws, regulations.

Article 10. The proportion of the work injury insurance reserve was extracted by 8 per cent of the total actual annual work injury insurance fund. The cumulative total amount of the reserve reached 30 per cent of the actual contributions of the annual work injury insurance fund.

In the event of major work injury accidents or underpayment of work injury insurance funds, an application was made by the Integrated Regional Agency for Work injury Insurance and a work injury insurance reserve could be used with the consent of the social insurance administration and the financial sector. After the use of the reserve, it should continue to be withdrawn in accordance with the preceding paragraph.

Article 11 establishes and implements the provincial adjustment system for industrial injury insurance. The proportion and management approach of provincial mediators is provided by the Provincial Social Insurance Administration with the provincial financial sector.

Article 12 Inadequate payments to major accident work injury insurance funds in the integrated area, which are still inadequate after the use of the work injury insurance reserve and provincial adjustment funds, are donated by the Government of the Integrated Region. The payment of funds is partly reimbursed by the balance of the work injury insurance fund.

Chapter III

In addition to the conditions set out in article 13 of the Work injury Insurance Regulations, one of the following conditions for the worker shall be determined as work injury:

(i) Incidence caused by toxic hazardous substances in the work environment and confirmed by the Antillean authorities;

(ii) Incidence of poisoning in food in the meals, as confirmed by the food medicine control sector;

(iii) A person's unit is assigned to work in or out of the epidemic and is diagnosed by health institutions at the district level;

(iv) Participated in sports competitions and horticultural performances are accidentally harmed by participating organizations or units.

Article 14. A person's unit, a worker or his close family, a trade union organization may, as a worker injury, identify the applicant and, within the time frame set out in the Work injury Insurance Regulations, make a claim for work injury to the agent's unit in the integrated social insurance administration in the area where the work injury insurance is covered.

The Integrated Regional Social Insurance Administration can entrust the social security administration in the district (markets, districts) with specific work related to the identification of work injuries. The matter should be clearly commissioned in writing, regulating both rights and obligations.

The unit of the agent is insured in provincial workplace injury insurance institutions and is responsible for the management of the provincial social insurance administration for the identification of work injuries.

The requirements for the investigation were identified as being included in the integrated regional financial budget.

Article 15. Requests for work injury determination shall be submitted to:

(i) Applying the application form for work injury;

(ii) A copy of the labour (staff) contract or other material that can prove the existence of labour (personnel) relations between the employee and the user unit;

(iii) A medical institution received injury recovery certificates, occupational diseases diagnostics from occupational illnesses or occupational illness identification certificates from occupational illnesses.

Article 16 has one of the following circumstances, and the request should also provide relevant evidence:

(i) In the case of article 14, subparagraphs (i), (ii), (v) of the Work injury Insurance Regulations, which are attached to the injury accident certificate or to the unaccounted for;

(ii) This is a case under article 14, paragraph (c), of the Work injury Insurance Regulations, which is attached to an accidental injury certificate or to the relevant legal instruments by the judiciary;

(iii) This is a case under article 14, subparagraph (vi), of the Work injury Insurance Regulations, attached to the relevant legal instruments of the judiciary, public safety transport management, transport, railways, etc., or legal, regulatory authorization to organize instruments;

(iv) In accordance with article 15, paragraph (i), of the Work injury Insurance Regulations, the medical treatment records or vouchers accompany medical institutions;

(v) This is a case under article 15, subparagraph (ii), of the Work injury Insurance Regulations, which is attached to an effective certificate from the relevant units;

(vi) This is a case under article 15, paragraph (iii), of the Work injury Insurance Regulations, which is attached to the old injury recovery certificate of the Revolutionary Disability Army and medical institutions;

(vii) Deaths of workers should be accompanied by death certificates.

Article 17 contains evidence indicating that the worker has been in possession of analytic or drug abuse is suspected to have been harmed by him or her, that the person's unit or the worker's worker or family refuses to test.

Contrainals are found to be carried out in accordance with the criteria of the General Inspector General of National Quality (GB19522-2010) of the vehicle driver's blood, healing the alcohol content threshold and testing (GBB19522-2010) in accordance with the test conclusions, diagnostic certificates, etc. of the law. According to drug abuse, according to the relevant provisions of the State, information such as testing findings and diagnostic certificates by public security agencies or their commissioning bodies is determined by law.

Article 18 The Social Insurance Administration has received a claim for injury and the applicant's completeness of the material and shall make a decision within 15 days; in the event of incompleteness of the provision, a written notice should be given to the applicant to complete the material within the prescribed time frame; and the reasons for the inadmissibility should be informed.

The Social Insurance Administration considers that work injury is not considered to be under the jurisdiction of this sector and should inform the worker that the applicant is found to have a jurisdictional social insurance administration to apply. The disputed administration should be reported to require the joint superior social security administration to designate jurisdiction.

Article 19 After the Social Insurance Administration considers the application for injury, one of the following cases may be suspended and the applicant is notified in writing:

(i) The determination that the case requires concluding instruments by the judiciary, the executive branch, the labour personnel dispute arbitration body;

(ii) The determination of the particular case by the work injury and the need for the treatment of views by the superior sector;

(iii) The determination of the merits, complexity and the need for further investigation.

Article 20, after the Social Insurance Administration accepted the application for injury, the applicant withdrew the employment injury determination application and could reproduce the employment injury determination claim within the time period specified in the Work injury Insurance Regulations.

Article 21, after the Social Insurance Administration considers the application for work injury, the following can be verified in connection with the determination of work injury:

(i) Access to relevant units and accident sites;

(ii) Access to information relevant to the determination of work injury, enquire and produce a notice;

(iii) Access to information relevant to the determination of work injury, including records, photocopy, videos, etc.;

(iv) Authorize other integrated regional social insurance administration to conduct investigations.

Article 2 The business secrets and personal privacy of the relevant units known in the course of the investigation should be confidential.

Article 23 of the Social Insurance Administration, in carrying out a survey verification verification relating to the determination of work injury, shall be assisted by a person's unit, the worker and the family, the trade union organization, medical institutions and the relevant departments (unitions), such as the provision of the relevant information and proof material.

Article 24 Staff members or their close relatives are considered to be work injury, and the person's unit considers that it is not work injury and the burden of proof is borne by the user unit. The Social Insurance Administration may make decisions based on the effective evidence provided by the applicant, or to verify the material obtained.

Article 25.

Article 26 Cases such as the transfer or modification of the name of the registered person in the course of the work injury determination process, and the new legal entity acts as an agent of the worker's injury.

Chapter IV

Article 27 states and municipalities (States) should establish the Commission for the Identification of Labour Capacity. The Labour Capacity Identification Commission consists of the Social Insurance Administration, the Health Administration, the Trade Union Organization, the heads of the Agency and representatives of the user units responsible for the identification of organizations and management of the labour capacity. The Labour Capacity Identification Commission has offices in the same level of social security administration with specific responsibility for daily work.

The Labour Capacity Identification Commission should establish an expert pool for the identification of labour capacity based on national standards.

Article 28, which was determined by the Provincial Social Insurance Administration for workers and injuries, is the responsibility of the Provincial Commission for the Identification of Labour Capacity.

The provincial Labour Capacity Identification Commission could entrust the City (State) with the findings of the Commission's Labour Capacity Identification Commission.

Article 29, in accordance with the principle of pre-rehabitation, after the treatment of workers and injured workers (after the relative stability of the condition of rehabilitation), the person's unit, the worker or his close relatives may submit a written application to the Commission for the identification of the labour capacity and submit information as required.

The Labour Capacity Identification Commission should, in a written manner, inform the applicant of the full material that is needed to supplement the material delivered as the starting point for the identification of the labour capacity.

The user unit and the worker shall provide and participate in the identification of the labour capacity in accordance with the provisions.

Article 31 quantification of initial labour capacity, payment by a unit of the worker's contribution to work injury under the law, is paid by the work injury insurance fund; and payment by the user's unit for the unpaid work-related injury insurance contributions under the law.

An application for re-identification or review of the identification is made by the applicant for pre-qualization, re-identification or review of the findings, consistent with the original findings, and the identification costs are borne by the applicant; the re-identification or review of the findings are incompatible with the original conclusions, and the identification costs are implemented in accordance with the preceding paragraph.

Chapter V

Article 31 Employees are treated as work injury by law, from accident injury or diagnosis (identification) to occupational illness.

Employees are involved in accidents involving workers after registration and are paid from the work injury insurance fund in accordance with the relevant provisions.

Article 32 The worker's treatment work injury should be medically provided by a medical agency that enters into a service agreement with the employee's medical agency, which may, in urgent cases, be granted first aid to the near-school medical institution and whose treatment is required after the first aid is free from the stability of the hazardous injury, should be transferred to the medical establishment that enters into the service agreement.

After the first aid of medical institutions that did not conclude service agreements, the worker or his relatives should report to the integrated regional work injury insurance agencies within seven working days.

Article 33 is injured by an accident to the medical expenses incurred prior to the worker's injury and paid by the unit of the person. After the determination of the work injury, medical costs are met in accordance with the directory of the work injury insurance treatment project, the directory of work-related medicines and the standards of hospitalization services for work-related injuries.

The medical costs incurred by the worker's treatment work were not covered by the work injury insurance fund and 50 per cent were borne by the user unit and the worker.

In the period of suspension of work, the employees of the worker shall not be removed from the labour (personnel) relationship, which shall be treated on an average salary and benefits paid for the 12 months prior to his or her accident or diagnosis. Care is required during the period of suspension of work, and specialized care is assigned by the user unit. The user unit does not receive care and pays the care fee in accordance with the standard of the average salary of one employee in the integrated area.

Persons who have been treated with life care can no longer be given care.

Article XV pays for workers who are inpatient for work injury medical treatment, rehabilitation of work injury and constituency equipment, which is paid by the Workers' Insurance Fund in accordance with the standard of 10 per cent of the average monthly salary of employees in the integrated area. In addition to the integrated area, the accommodation fee is paid by the Medical Insurance Fund in accordance with the average monthly salary of 20 per cent and 60 per cent, respectively, for workers in the integrated area.

In the case of daily life or employment needs, the Labour Capacity Identification Commission confirmed that it could be installed, equipped with supporting equipment and installed and equipped by the Agency for Work injury Insurance, approved by the Agency and approved by the Agency for the installation and staffing of the work injury support body, and that the costs would be met from the work injury insurance fund in accordance with the relevant provisions of the State. The directory of the auxiliary is adjusted by the provincial social insurance administration.

Article 37 provides that the following basic material shall be submitted in accordance with the provisions of the Convention:

(i) The determination of the decision;

(ii) Conclusions on labour capacity identification;

(iii) Evidence of the status of workers.

In addition to the treatment provided under the Labour Injury Insurance Regulations, the person of the user and the worker shall continue to pay the basic old-age and basic medical insurance expenses from the time of the receipt of the disability allowance.

Article 39 Staff members are disabled for work, one of the following cases is paid by the Workers' Insurance Fund for a one-time injury medical grant and a lump-sum employment benefit from the user unit:

(i) Be identified as five-level, sixth-class disability, and the worker himself submitted a voluntary relationship with the user's unit to remove or terminate the labour (personnel) relationship;

(ii) A person who is identified as a result of seven to ten-year disability, in writing by the employee of the worker, submits a voluntary removal of the labour (personnel) relationship or the termination of the labour (personnel) relationship with the expiration of the contract by the labour (staff) unit;

(iii) The removal of labour relations in accordance with article 36 and article 39 of the People's Republic of China Labour Contracts Act.

The worker shall receive a one-time work injury medical grant and a one-time disability employment grant and shall enter into a written agreement with the user unit and the work injury insurance agency for termination of the work injury insurance relationship and no longer enjoy the treatment of work injury insurance. Removal injuries should be re-established and labour-capacity identification should be treated for work injury insurance in accordance with the new decision-making and the finding of a labour capacity.

Article 40

A one-time work injury medical benefits are paid at 18 months of disability, 16 months of disability, 13 months of wages for seven-grade disability, 11 months of disability, 9 months of salary for himself and 7 months of disability. Employees suffering from occupational illnesses, a lump-sum medical grant increased by 30 per cent on the basis of the above criteria.

A lump-sum employment benefits are paid for 16 months of disability, 14 months of disability, 11-monthly wages for seven-grade disability, 9 months of disability and 7-monthly salary for the nine-month period, and 7 months of disability for the nine-year period, and 10 years of disability. The disability worker is less than five years from the statutory retirement age and the one-time disability employment grant is paid by a 20 per cent reduction rate per year. The one-time disability employment grant was paid at a standard rate of 2.0 per cent from the mandatory retirement age of less than one year, to reach an out to the retirement age.

In the same unit, more than two work injuries occurred, a one-time injury medical grant and a one-time disability employment grant were calculated at the highest disability level, with an increase of 20 per cent per worker injury.

Article 40 provides for the long-term treatment of workers and employees with disability benefits, living care fees, starting with the conclusion of the initial workforce identification. The labour capacity reviewed the identification of changes to the original conclusions, and the review of the findings made it possible to re-establish the criteria for long-term treatment and the one-time treatment would not be adjusted for the month.

The labour capacity once again identified changes to the original findings and determined the treatment of work injury insurance in accordance with the findings.

Article 42, Disability benefits, pension benefits for relatives and living care, are adjusted annually by the Integrated Regional Social Insurance Administration in accordance with the average wage and changes in the cost of living in the integrated area. Adjustments are reported to the provincial Social Insurance Administration. In the event of a reduction in the average salary of staff in the integrated area, no adjustments were made.

Article 43 thirteenth units are in bankruptcy under the law to retain the funds required for the treatment of workers and injured persons in connection with work injury insurance, and, at the time of the liquidation of the asset, the retention is calculated in accordance with the national average life expectancy and the age difference (for the raising of relatives under the age of 18 years, the retention until the age of 18 years) and a one-time payment for the work injury insurance agency.

Article 44 provides a one-time settlement criterion for the payment of disability benefits in the month: the average life expectancy at the national level is calculated as the monthly rate of the difference between the age of the worker and the employee's injury, which is subject to a monthly disability grant in the event of the removal of the labour (personnel) relationship.

Article 42, which had been paid by the old-age insurance fund, continued to be paid by the source.

Article 46 provides for the regular treatment of social security for workers who have died as a result of their work injury to the breadwinner, new rural social welfare insurance, old-age insurance for the urban population, and the difference in the regular treatment of the social security, with the payment of the worker's injury insurance contributions under the law of the worker's unit to be added to the work injury insurance fund, and the non-payment of work injury insurance contributions under the law, and the replacement of the user unit.

Article 47 does not pay an insurance premium for work injury in full, resulting in a reduction in the treatment of work injury workers, which is filled by a user unit.

Article 48 has been processed for retirement or for the duration of the labour (releasing the contract) contract (with his own proposal for dismissal), without engaging in occupational diseases, being diagnosed or validated for more than one year of occupational illness, and is subject to the treatment of work injury insurance from the labour capacity determination. The standard of treatment is implemented in accordance with the criteria established by the State for persons who are not less than one year in the same category.

Article 49 takes part in the work injury insurance, resulting from injury caused by third-persons, and after obtaining compensation for the third-person economy under the law, the amount of medical expenses (recoverable expenses), inpatient subsidies, transportation fees, one-time disability benefits (disablement indemnity), support kits (a disability benefit supplemental payment), one-time surviving benefits (death compensation), burial payments, and the difference in the dependency pension. The difference in the payment of inpatient care, suspension of work-monthly treatment (corrected work fees) is filled by the user unit.

Annex VI

Article 50 of this approach calculates the worker's salary for the treatment of the injury insurance, which means that the worker is injured by an accident (or diagnosed as a occupational illness) or the dismissal of an average pay of 12 months before the labour (personnel) relationship. Less than 12 months of work, the average number of actual work months is calculated. The monthly wage cannot be determined and is calculated on the basis of the average monthly salary of the staff in the integrated area.

The salary is higher than the average salary of the staff in the integrated area of 30 per cent, based on an average salary of 30 per cent for the staff in the integrated area; the salary of the employee is less than 60 per cent of the average salary for the staff in the integrated area, calculated at an average of 60 per cent for the staff in the area.

Article 50 does not have a business licence or if it is not registered under the law, the unit of the file and the licensed by the law for the suspension of the operation or the removal of the registration, the employee of the reserve unit is injured by an accident or suffering from occupational illness, or the use of child labour by a person's unit to cause child labour disability, death and non-professional determination that, after the confirmation by the labour security inspector, the labour capacity is validated and the person's unit is granted a lump-sum compensation in accordance with the relevant provisions of the State.

Article 52, retired persons, internships in school, suffered by accidents for the reasons of their work, does not hold work injury, and the employment or internship units pay related treatment in the light of the Work injury Insurance Regulations and this approach.

The former has participated in the work-related injury insurance and more workers than the mandatory retirement age, which is applicable to the Work injury Insurance Regulations and the scheme.

Article 53 of the Code of Civil Service and Occupational Units administered by the Civil Service Act, social group staff are paid by their units for injury or occupational illnesses due to work, with a specific approach based on the relevant provisions of the State.

Article 54 A number of provisions for the implementation of the Labour Injury Insurance Regulations (No. 151 of the People's Government Order No. 151) were published on 18 November 2003.

The employee who had been injured by an accident or suffered by an occupational illness had not been identified for work injury and was executed in accordance with the provisions of the scheme.