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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399531.shtml

In Jilin province, the implementation of the measures of work-related injury insurance Ordinance

    (9th Executive session on September 10, 2013 Jilin province by Jilin provincial government order No. 242, released October 15, 2013 as of January 1, 2014) 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, according to the work-related injury insurance 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 called the employer) shall, in accordance with provisions of laws and regulations and these rules, participation in work-related injury insurance, and pay workers ' compensation insurance for the workers or employees of the unit fee.

    The employees of the employer and employees (hereinafter employees), has the right to treatment of work-related injury insurance as required.

Article III the employer shall comply with the relevant safety and occupational-disease-prevention laws and regulations and establish accountability system for accidents at work, occupational disease prevention and control, prevent and reduce occupational hazards.

Employees shall abide by safety procedures, improve self-awareness accidents and occupational diseases, prevent damage and reduce the number of accidents, occupational diseases on their own.

    Employees when injuries and occupational diseases occur, the employer shall take measures so that injured workers receive timely treatment. Fourth Social Security Administration Department of the people's Governments above the county level shall be responsible for industrial injury insurance work within their respective administrative regions.

    Social security administration departments work injury insurance agencies to undertake work-related injury insurance.

    The fifth people's Governments above the county level shall finance, health and family planning, civil affairs, housing and urban-rural construction, public safety, transportation, business, safety, food and drug administration and other departments in accordance with the Division of responsibilities, work with social security administration and make work-related injury insurance.

    Chapter II the work injury insurance fund

    Sixth, work injury insurance fund (State) level and combination of provincial systems, and gradually realize the provincial.

The seventh work injury insurance fund according to the principle of fixed income, balance to determine payment rates. Provincial Social Security Administration Department, in conjunction with the provincial Finance Department, on the basis of rates established principles and specific provisions of the State, development and restructuring of the industry benchmark rates in the province, reported to provincial people's Government for approval for implementation.

Integrated social security Administrative Department of the local floating rate approach, reported to co-ordinate regional people's Government for approval for implementation.

    Work-related injury insurance agencies according to the employing unit to pay industrial injury insurance fund, the level of incidence of work-related injuries, occupational hazards, according to the floating rate approach, determine the employer contribution rate of industrial injury insurance. Eighth the amount employers pay industrial injury insurance premiums for the employees in this unit all payroll product multiplied by the contribution rate for the last year.

Difficult to follow payroll pay industrial injury insurance premium, in accordance with the relevant provisions of the State.

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

    Work-related injury insurance agency without delay, in order to comply with the insurance requirements of the employer the insured payment formalities.

    Nineth fiscal account management the work injury insurance fund, to cover the insured person work injury insurance benefits, work identification, promotion and training costs of injury prevention, as well as the laws, regulations and other costs for workers ' compensation insurance. Tenth reserve proportion of industrial injury insurance in line with the area when extracting 8% of the total work-related injury insurance fund collection.

Reserves accumulated total reaches the work injury insurance fund that year when the actual amount of levy 30% no longer extract. In the event of a major accident or when not enough to pay for work-related injury insurance funds, by co-ordinating work injury insurance agencies to apply at the social security administration and financial departments can use the work-related injury insurance reserves.

    Reserve use, should be according to the provisions of the preceding paragraph to continue extraction. 11th the establishment and implementation of provincial adjustment of industrial injury insurance system.

    Provincial transfers of gold extraction and management approaches by the social security administration of the province in conjunction with provincial financial departments separately. 12th pool area a major accident work injury insurance fund payments, using work-related injury insurance reserves and provincial transfer payments and still insufficient, by co-ordinating regional Governments and advance.

    Advance money from the work injury insurance fund balance amortization.

    Chapter III industrial injuries cognizance

13th article in addition to the Ordinance in the case of industrial injury insurance, workers have one of the following circumstances, and should be convicted of work-related injuries:

(A) toxic or harmful substance causing poisoning injury work environment and identified by the safety supervision Department;

(B) employer dining food poisoning damage and confirmed by the food and drug administration departments;

(C) the employer assigned work or gongchu for travel to endemic regions, and infection disease diagnosed by medical institutions above the county level;

    (D) participation in employer organizations or units assigned to sports competitions, performances by accident.

14th an employer, trade union or their close relatives, trade unions can be used as a work-related injury certification the applicant, within the time limit prescribed by the regulations on industrial injury insurance, employers ' participation in work-related injury insurance co-ordinating work injury certification application to the regional Social Security Administration Department. Integrated District Social Security Administration Department may authorize the County (city, district) social security administrative departments undertake specific work-related injury found.

Should be written explicitly entrusted, regulate the rights and obligations of the parties.

Employer insurance industrial injury insurance agencies at the provincial level, the provincial social security administrative department responsible for the work-related injury certification.

    Inclusion and manpower requirements for the work injury certification survey budget.

15th article work-related injury certification application shall submit the following materials:

(A) work-related injury certification application form;

(B) labour (personnel) a copy of the contract, or other can prove that the workers and employers of Labor (personnel) materials;

    (C) the treatment of injured given by medical institutions proving, occupational disease diagnosis Agency of occupational certificate or certificate of occupational disease occupational disease issued by the accreditation body.

16th with one of the following circumstances, applications should also provide relevant evidence:

(A) under the workers ' compensation insurance Ordinance 14th article (a), (b) and (e) situations, accidents and injuries evidence or proof of unaccounted for;

(B) under the workers ' compensation insurance Ordinance article 14th (iii) situations, attached with the accidental injury or certificates issued by the judicial authorities of the relevant legal instruments;

(C) under the workers ' compensation insurance Ordinance article 14th (vi), attached to the judiciary, public security and traffic management, transportation, railway and other departments (units) or organization authorized by the laws and regulations issued by the relevant legal instruments;

(D) under the workers ' compensation insurance Ordinance section 15th (a), shall attach a medical certificate of medical records or certificates;

(E) under the workers ' compensation insurance Ordinance section 15th (ii), shall attach a valid certification issued by related units;

(F) under the workers ' compensation insurance Ordinance section 15th (iii), shall attach a disabled revolutionary soldiers cards and medical institutions are proof of the old injury diagnosis;

    (G) the deaths of workers, should be attached with the death certificate.

17th, there is evidence that workers with drinking or drug suspected of self-inflicted injuries, employers or industrial injury Department to request testing employees or family members refuse to test shall not be recognized as work-related injuries. Identification of drunk, according to the State administration of quality supervision of vehicles drivers blood and breath alcohol content threshold and inspection (GB19522-2010) standard, to public security traffic management departments, medical institutions and other relevant units shall issue a test results, proving the data as a basis for identification.

    Drug use finds that, in accordance with the relevant provisions of the State, the public security organs or their authorized agencies shall issue a test conclusion, proving the data serve as the basis for ...

18th Social Security Administration received the work injury certification application and the applicant provided materials, should be making admissibility decisions in the 15th; the material provided is not complete, inform the work injury certification the applicant should be a one-time writing correction within the prescribed materials; do not meet the work-related injury certification eligibility criteria, shall inform the inadmissibility grounds. The social security administration said the injury is not belonging to the jurisdiction of the Department, it shall notify the work injury certification the applicant to apply for social security administration with jurisdiction.

    Jurisdiction dispute, shall be submitted to the jurisdiction of common higher level specified by the Social Security Administration Department.

After the 19th Social Security Administration accepts the application for work-related injury certification, any of the following circumstances, may suspend the work injury certification, and notify the applicant in writing:

(A) industrial injury case to the judiciary, the Executive, labor dispute arbitration institution concluding document;

(B) work-related injury certification case is special, you need superior departments put forward opinions;

    (C) industrial injury case is significant and complex and needs further investigation.

    20th after the Social Security Administration accepts the application for work-related injury certification, withdrawals by work-related injury certification application, under the regulations of the work-related injury insurance work-related injury certification application, within the time limits apply in work injury certification again.

After the 21st Social Security Administration accepts the application for work-related injury certification, according to the identified needs, and can take the following forms related to the industrial injury investigation and verification:

(A) to enter the relevant units and the scene of the accident;

(B) access to information related to the work injury certification, ask and make a written record of the person concerned;

(C) recording, photocopying, audio and video, such as access to work-related injury certification-related information;

    (D) entrust other co-ordinating investigation to verify the social security administration. 22nd the social security administration and related to the industrial injury investigation and verification should be carried out by two or more persons jointly, and show proof of identification.

    Industrial injury investigation was informed that QC business secrets and personal privacy which should be kept confidential.

    23rd with the social security administration related to the industrial injury investigation and verification, employers, workers and their families, trade unions organizations, medical institutions and relevant departments (units) shall assist and provide relevant information and supporting materials. 24th employee or his or her close relative thought to be injured at work, employers do not think injury, the employer bears the burden of proof.

    Employer refused to bear the burden of proof, the social security administration can provide work-related injury certification the applicant's evidence, evidence obtained or investigation to verify the material, determination decision.

    25th the employer works (business) or the right to the employer does not have the subject qualification of the labor organizations and natural persons, organizations and natural persons to employ workers because workers injured by accident or occupational disease, employment qualifications the employer for work-related injury certification of the employers.

    26th in a work-related injury certification process the employer transfers or change of registered name, new corporate body as a work-related injury certification of the employers.

    The fourth chapter of work competency expertise 27th province and cities (States) of work competency expertise on the Committee should be set up. Labour assessment Committee by the social security administration, health administration, trade unions, workers ' compensation insurance agency owner and employer representatives, responsible for the Organization and management of work competency expertise.

Labour assessment Committee at the social security administration offices, in particular those responsible for day-to-day operations.

    Work appraisal Committee should establish expert organization, based on national standards of work competency expertise.

28th, work injury certification decisions of the social security administration occupational personnel work competency expertise by province of work competency expertise Committee.

    Provincial labour assessment Committee may authorize cities (States) of work competency expertise on work undertaken by the Commission conclusions.

29th article in accordance with the principle of rehabilitation before they are identified, injured worker rehabilitation (not eligible for rehabilitation after injury is relatively stable), employers, injured workers or their close relatives can contribute to the capacity to work and identification work competency expertise on written application to the Commission, and to submit the relevant information in accordance with the regulations.

Incomplete applications work competency expertise on materials and labour assessment Committee shall at once inform the applicant in writing and correction of all materials, corrections of material identification accepted starting date for service is the ability to work.

    Employers and injured workers should be provided in accordance with the provisions of the relevant information and to participate in work competency expertise.

30th article of the initial cost of work competency expertise, employers pay industrial injury insurance, paid from the work injury insurance fund; the employer failing to pay industrial injury insurance premiums, paid by the employer.

    Application for appraisal or review identification again, by the applicant pay the appraisal fee in advance and retesting or review of identification and the identification of consistent, identification of costs borne by the applicant again identification or identification conclusion is inconsistent with the original conclusion of the review, identifying costs according to the provisions of the preceding paragraph.

    The fifth chapter work injury insurance benefits

31st employee designated by the law for employees from injury or an accident diagnosis (identification) for the month to enjoy work injury insurance relating to the treatment of occupational diseases.

    Industrial accident insurance employer registration workers, paid from the work injury insurance fund according to the relevant provisions in work injury insurance benefits.

32nd employee treatment of work-related injuries should be to sign service agreements with the industrial injury insurance agency designated medical institutions for treatment of industrial injury insurance, can go to the nearest medical institution when the emergency first aid, first aid out of danger still needed treatment after the injury stable, should go to the appointed medical institutions of workers ' compensation insurance have signed service agreement for further treatment.

    Injured workers without signing a service agreement after emergency medical institutions, employers, injured workers or their relatives should be within 7 working days on co-ordinating work injury insurance agency reports. 33rd workers injured by accident to have been identified as medical treatment expenses incurred before the injury, paid by the employer.

After the work-related injury certification, meet the diagnosis and treatment of work-related injury insurance project directory, work injury medical standards of the medical costs and work-related injuries in hospital services, reimbursed by the industrial injury insurance agency.

    Employee medical expenses for the treatment of work-related injuries, do not belong to the scope of the work injury insurance fund, borne by the employer and injured workers 50%. 34th injured workers on lay-off period salary, the employer may not terminate the labour (personnel), himself injured by accident or been diagnosed with occupational diseases before 12 months average wages and the suspension of welfare payments paid during treatment. Shutdown leaves pay period in need of care, assigned by the employer care.

Employers do not send someone to care, in line with the region's annual average wage of fully employed staff and 1 standard payment of care fees.

    Enjoy the benefits of life care, the employer can no longer send people care. 35th injured workers hospitalized for injury medical, injury recovery and configuration AIDS for food subsidies for the period, in line with the standards of the average daily wage of employees 10% for the last year, paid from the work injury insurance fund.

    Medical industrial injury insurance agencies agreed to co-ordinate areas, room and Board, respectively, in line with last year's average daily wage of workers 20% and 60% standards, transport fares in line with the General staff in public institutions enjoy the standard of treatment from the work injury insurance fund. 36th injured workers because of daily life or employment needs identified by the work the Commission confirmed, you can install, configure, assistive devices, from the work injury insurance agencies approved to work-related assistive devices configuration fixed body installation, configuration, and the costs paid from the work injury insurance fund in accordance with the relevant provisions of the State.

    Assistive devices by provincial social security administration adjusts the configuration directory.

37th employers, injured workers, or their close relatives, to co-ordinate work-related injury insurance agency when applying for work injury insurance benefits paid shall be required to submit the following materials:

(A) work-related injury certification decision;

(B) work competency expertise conclusions;

    (C) evidence of injured worker identity materials.

    Article 38th trade union work was identified as one to four levels of disability disability, in addition to enjoy treatment as stipulated in the regulations on industrial injury insurance, employers and injured workers should be eligible for disability allowance disability allowance for the month as the base and continue to pay the basic old-age insurance and basic medical insurance.

39th employee for work disability, any of the following circumstances, paid from the work injury insurance fund one-time injury medical benefits, employer paid a one-time disability employment grant:

(A) was identified as grade five or grade six disabled, injured workers themselves voluntarily in writing with the employer the rescission or termination of the labor (personnel);

(B) is identified as a seven-to ten-level disability, injured workers voluntary labor for my writing (personnel) or labour (personnel) contract expires the employer not to renew labour (personnel) termination of labor contracts (personnel);

(C) the employer pursuant to the People's Republic of China labour contract law 36th, 39 stipulates that termination of labor relations. Injured workers receive a one-time injury medical benefits, a one-time disability employment grant, should be with the employer signed termination of work-related injury insurance and workers ' compensation insurance agency a written agreement, is no longer entitled to work injury insurance benefits.

    Recurrence of injury, should be back to the work-related injury certification and work competency expertise on, cognizance of the decisions and the ability to work under the new conclusion of work-related injury insurance benefits.

40th grade for five to ten injured workers one-time injury medical benefit and one-time injury disability employment subsidy, paid according to the following criteria: One-time injury medical benefit amount: five-level disability wages for 18 months, six levels of disability for 16 months of wages, seven-level disability wages for 13 months, eight-level disability wages for 11 months, nine levels of disability for 9 months of wages, wages ten disabled for 7 months.

Injured workers suffering from occupational diseases, one-time injury medical benefit on the basis of the above standard 30%. Once disabled employment subsidy amount: five-level disability wages for 16 months, six levels of disability for 14 months of wages, seven-level disability for 11 months I paid, eight-level of disability for 9 months wages, nine disabled for 7 months wages, wages ten disabled for 5 months. Injured workers ' less than 5 years from the legal retirement age, a one-time disability employment grant declining every year 20% pays.

From the statutory retirement age less than 1 year, a one-time disability employment grant paid on a standard l0%, without reaching the retirement age.

    In same unit more than twice the number of workers, according to their highest grade calculated as one-time injury medical benefit and disposable after the disabled employment subsidy, each one more work-related injuries increased by 20%. 41st injured workers enjoy benefits, such as long-term treatment, life care, labor expert conclusions make a month to pay for the first time.

Work identification change the conclusions of the review, since review conclusions made that month to redefine standards of treatment for a long time, a one-time treatment are not adjusted.

    Identification changed again the conclusions of working capacity, according to expert conclusions again to determine work-related injury insurance benefits. 42nd disability allowance, the dependent relative pension and life care costs by Social Security Administration Department in accordance with co-ordination area workers average wages and changes in the cost of living adjustment once a year. Adjustments of provincial social security administration records.

    When wages reduced overall area, shall not be adjusted.

    43rd employer bankrupt according to law, preserving industrial injury insurance funds necessary for the treatment of injured persons and dependent relatives, at the time of liquidation, according to the average national life expectancy and age difference reservation (dependent relatives under 18 years of age, reserved to 18 years of age), one-time allocation to work-related injury insurance agency.

    44th the one-time settlement criteria for receiving a monthly disability benefits: the national average life expectancy with injured workers age difference calculate the number of months, multiplied by the labor (personnel) when receiving a monthly disability benefits criteria.

    Article 45th by the old-age insurance fund to pay workers ' compensation insurance benefits, continued from original sources of payment.

    Article 46th workers support relatives in fatal enjoying basic old-age insurance, the new rural social pension insurance, old-age insurance for urban residents, the social security treatment on a regular basis, provide for periodic treatment of the difference of relative pension higher than social security, the employer paid from the work injury insurance fund of industrial injury insurance premium supplement; failing to pay industrial injury insurance, up by the employer.

    47th an employer not to pay industrial injury insurance, resulting in reduction in treatment of injured workers and employers make up the difference. 48th has retired procedures or labor (employment) contract has expired (my contract), and has not engaged in the occupational-disease-inductive operation being diagnosed or identified as occupational disease for more than a year, with the ability to work conclusion of work-related injury insurance benefits.

    Standards for the treatment of similar cases in accordance with national standards of staff less than a year. 49th article participate in injury insurance of workers, for third people reasons caused injury of, in law get third people economic compensation Hou, by injury insurance fund complement medical (containing rehabilitation fee), and hospital food subventions, and transportation, and one-time disability grant (disability compensation gold), and auxiliary apparatus configuration fee (disability life auxiliary with fee), and one-time workers died grant (death compensation gold), and funeral, and dependent relatives pension (was raised people living) of difference.

    Unit filled the hospital care fees, shutdown leaves them during treatment (delay compensation) for the shortfall.

    The sixth chapter supplementary articles 50th computing work injury insurance benefits shall be paid in this way, refers to the injured worker by accident (or diagnosis of an occupational disease) or termination (personnel) 12 months before the average contribution wage. Employment for less than 12 months, calculated according to the actual average number of months.

Monthly wage is unable to determine, in line with the annual workers ' monthly salary calculated on the area.

    Wages above the overall average wage of staff and 300%, calculated in line with the average wage of staff and 300%; 60% below the overall average wage of staff and workers wages, calculated in line with the average wage of staff and 60%.

    51st without a license or without legal registration, filing units, and is revoked business license or revocation of registration, filing unit of workers injured by accident or occupational disease, or employers using child labour child labour, disability or death, without work-related injury certification, after confirmation by the labor security supervision bodies, work identification, given lump-sum compensation in accordance with the national regulations of the employer.

52nd retirees, college students injured by accident due to work reasons, without ascertainment, by employment or internship units refer to the work-related injury insurance regulations and the means to pay the relevant treatment.

    Staff have participated in work injury insurance in the preceding paragraph and peasant above the legal retirement age, application of the Ordinance and industrial injury insurance this way.

    53rd civil servants and the civil service law of the institutions, social group staff due to work injury or occupational disease, paid for by his employer, specific measures shall be enacted separately under the relevant provisions of the State. 54th these measures shall enter into force on January 1, 2014.

Jilin province, released on November 18, 2003, the implementation of several provisions of the regulations on industrial injury insurance (151th in Jilin province people's Government) abrogated. Before the implementation of these measures has been injured by accident or suffer from occupational diseases has not yet completed work-related injury certification of workers, according to the provisions of these measures.