Guiyang Guiyang Municipal People's Government On The Revision Of The Decision Of The Implementation Measures For The Work-Related Injury Insurance (2013 Revised)

Original Language Title: 贵阳市人民政府关于修改《贵阳市工伤保险实施办法》的决定(附2013年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399455.shtml

Guiyang Guiyang municipal people's Government on the revision of the decision of the implementation measures for the work-related injury insurance (2013 revised) (December 9, 2013 Executive meeting of the Guiyang municipal people's Government on December 12, 2013, Guiyang municipal people's Government released 15th come into force February 1, 2014) to ensure the accident due to work injury 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 risks, in accordance with the Ordinance of industrial injury insurance, industrial injury insurance, Guiyang municipal people's Government for decision on the implementation measures

    (Guiyang municipal people's Government, the 138th) read as follows: , The original article amended to read "within the administrative area of the city 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 State Council regulations of the work-related injury insurance and these measures shall participate in work-related injury insurance for all workers or employees (hereinafter employees) pay a fee for work-related injury insurance.

    ” Second, the original article to add a, as the fourth item "(iv) non-public institutions to pay health insurance premiums for the social insurance institution.

    ” Third, the original tenth amendment as "employers shall make an annual employees ' wages in the above as the base, in accordance with the established pay rates, monthly pay industrial injury insurance. Employees on a monthly base pay of less than a year 60% of the province's average monthly wage of fully employed staff and prior year monthly average wage of fully employed staff 60% for the base in the province, is higher than in the previous year the province part of 300% more than the average wage of fully employed staff and are not included in the contribution base. Employees do not pay workers ' compensation insurance costs.

    ”

    After four, the former 12th 11th increase "(12) injury prevention costs (13) hospital food subsidy (14) and manpower outside of hospital accommodation charges (15) one-time injury medical benefit;" as the 12th, 13th, 14th, 15th and the remaining will be rescheduled. Five, the original 13th amendment is "to participate in work-related injury insurance for employers and workers, work-related injury certification registered by the insured, or district (counties and cities), Social Security Administration accepted. Do not participate in work-related injury insurance for employers and employees, the employer is located (industrial and commercial business license registration) of the Social Security Administration Department of the people's Governments above the county level to accept. Units insured without giving some employees the insurance, industrial accident, work-related injury certification registered by the insured, or district (counties and municipalities) Social Security Administration accepts, treatment is borne by the employer. Employers of migrant workers in the place of incorporation and operation were not to participate in work-related injury insurance, after being injured by accident or occupational disease, to social security administration Department of the people's Governments above the county level in the production and operation of work-related injury certification, work identification, and according to the provisions of the regulations on industrial injury insurance pay industrial injury insurance benefits according to law by the employer.

    ” Six, and original 16th article modified for "labor capacity identification, by employing units, and injury workers or its near relatives to labor capacity identification Committee proposed application, and provides following material: (a) Guiyang labor capacity identification application table; (ii) city, and district (County, and city) social security administrative sector issued of injury finds conclusion; (three) injury workers original records, and treatment information, and diagnosis and the conclusion, patient occupational workers of occupational records and diagnosis proved (or occupational diagnosis testimonials) And (iv) photocopies and photographs of employees; (e) Municipal Committee of work competency expertise of other related material.

    ” Seven, after a previous 16th to add a section, as the 17th "application for identification of units, work, or individual refuses to accept the conclusions of the appraisal Committee, you can receive the expert conclusion within 15th of retesting an application made to the province of work competency expertise Committee. Province of work competency expertise work competency expertise conclusions made by the Committee for a final conclusion.

    ” Eight, the original article 17th will be rescheduled for the 18th, modified to "labor 1 year after the date of the assessment findings, the injured employee or his or her close relatives, or disabled according to the social insurance agency of change, may apply to the Municipal Commission of work competency expertise on the labor capability review identified.

    ” Section nine, added after the original 17th and 19th "initial work at work or suffering from occupational diseases identification, stoppage of pay period, auxiliary appliances configuration confirmation to participate in work-related injury insurance employees and their expenses paid from the work injury insurance fund, identification of workers not participating in work-related injury insurance fees paid by his employer. Review one year after identification, identification of the end (retesting), old injury was confirmed, ability to work, or the suspension of the Identification Commission confirmed pay period, assistive devices and refuses to accept the configuration application again reaffirmed, costs are borne by the applicant.

    ” Ten, the former 20th will be rescheduled for the 21st, modified to "employees who die in work, their close relatives receive 39th article of the regulations according to the work-related injury insurance funeral grant, dependent relatives and one-time death benefits.

    ” Plenary, the original article articles 22nd will be rescheduled for the 24th, modified to "employer not paying workers ' compensation insurance costs during the accident, the injured worker's work-related injury insurance benefits, and borne by the employer. From the next day of pay arrears in full, the work injury insurance fund according to the provisions of these measures cover the cost of new. Employer not paying of workers compensation insurance, work injury insurance fund stopped paying the employer all the injured workers of work-related injury insurance benefits.

    ” 12, and original 23rd article extended for 25th article, modified for "employing units not handle injury insurance registration of, by city, and district (city, and County) social security administrative sector ordered deadline corrected; late not corrected of, on employing units at should paid injury insurance fee amounts 1 time times above three times times following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 500 Yuan above 3,000 yuan following of fine.

    ”

    13, delete the original article 24th and 25th. 14, and increased a article for 26th article "employing units not on time full paid injury premium of, by city, and district (city, and County) social premium levy institutions ordered deadline paid or complement, and since owes paid of day up, by day added received five out of 10,000 of late fees, late fees into injury insurance fund; late still not paid of, at owes paid amounts 1 time times above three times times following of fine.

    ” XV implementation measures, the Guiyang industrial injury insurance covered in "labor and social security administration" shall, for all changes, "social security administration".

Will be involved in the measures for the implementation of industrial injury insurance in Guiyang "immediate family", all references to "close relatives".

In addition, individual by modifying the text of the provisions, the provisions in the order was adjusted accordingly.

This decision shall take effect on February 1, 2014.

    The Guiyang industrial injury insurance in accordance with this decision of the measures for the implementation of revised accordingly, republished.

Report: Guiyang industrial injury insurance measures 2013 (revised)

    (November 29, 2004 Standing Committee of the municipal people's Government under the Government Decree on January 20, 2005, 138th 2013 15th Guiyang City, the Guiyang municipal people's Government to amend government decree amended the decision on the implementation measures for the work-related injury insurance)

    First in order to protect the accident due to work injury or occupational disease 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 Ordinance, combined with the city's actual, these measures are formulated.

    Article in the administrative area of the city 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 State Council regulations of the work-related injury insurance and these measures shall participate in work-related injury insurance for all workers or employees (hereinafter employees) pay a fee for work-related injury insurance.

The third municipal, district (city and County), Social Security Administration Department is responsible for the work-related injury insurance work in the administrative area of the city.

Cities and districts (cities and counties), the Social Security Administration Department of social insurance institutions to undertake work-related injury insurance.

    Finance, audit, business, safety, health, food and drug administration and trade unions, in accordance with their respective responsibilities, in collaboration with good management of work-related injury insurance.

Fourth implement the city-level overall plan of work injury insurance,, social insurance agency in the banks establish a unified under the work injury insurance fund revenue and expenditure account and financial account area (city, County) the social insurance agency established in the Bank under the work injury insurance fund income transition, expenses, household, no special financial account.

    Work injury insurance by city and area (city, County) is imposed by the social insurance agency, respectively.

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) late fees;

(Iv) grants;

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

Sixth employer in accordance with the provisions of the State Council provisional regulations on collection and payment of social insurance, and handle work-related injury insurance registration and related procedures:

(A) has been participating in the basic old-age insurance, to the payment of the social insurance institution;

(B) is not participating in the basic old-age insurance, registration at the social insurance agency for industry and Commerce;

(C) Central, provincial building enterprises to the social insurance institution.

    (D) non-public institutions to pay health insurance premiums for the social insurance institution.

Seventh after the registration of an employer for the work-related injury insurance shall be in accordance with the provisions of the interim regulations on the collection and payment of social insurance under the State Council declared payment, reporting work-related injury insurance Declaration approved list, and provide the following information:

(A) the financial and accounting statements and explanatory materials;

(B) the staff payroll, the payment name list;

(C) participation in work-related injury insurance schedule of personnel changes;

    (D) Social Security Administration Department, other relevant documents and information.
Article eighth due to bankruptcy of the employer, revocation, dissolution, separation, merger and other reasons to change or terminate the work-related injury insurance, shall from the date of modification or termination in the 30th, social insurance agencies handle the change of the original registration or cancellation of registration.

    Nineth of municipal social security Administrative Department shall, in conjunction with finance, health, safety supervision and management departments in accordance with the principle of fixed income, balance, combined with employer workers ' compensation insurance costs, level of incidence of work-related injuries, occupational hazards, and so on, in accordance with law, classification, this specific standard industry benchmark rates, submitted to the municipal people's Government for approval. Employer's initial payment execution industry benchmark rates. Two or three categories industry benchmark rates for some time after the introduction of floating rates according to law, the industry does not adopt the floating-rate.

    Floating rates of specific measures by the social security administration in conjunction with the financial, health and safety regulators separately.

Article tenth annual employees ' wages in the base of the unit should be above, in accordance with the established pay rates, monthly pay industrial injury insurance.

Employees on a monthly base pay of less than a year 60% of the province's average monthly wage of fully employed staff and prior year monthly average wage of fully employed staff 60% for the base in the province, is higher than in the previous year the province part of 300% more than the average wage of fully employed staff and are not included in the contribution base.

    Employees do not pay workers ' compensation insurance costs.

11th the employer declared bankruptcy, revocation, dissolution or otherwise terminated, shall, in accordance with the relevant State laws and regulations, the settlement of its arrears of work injury insurance, and interest thereon, and according to the following criteria for the injured worker, deceased worker's dependant relatives of reserve treatment fee:

(A) one to four injured workers ' disability allowance and care according to the months standard reserved to the legal retirement age;

(B) one to four injured workers ' medical expenses, according to the city's annual average employees injured on medical expenses reserved for 10 years; (C) the surviving dependent relatives of employees of pension, a monthly standard reserved for 10 years.

    Reservation fee one-time, or district (city, County) the social insurance agency.

12th the work injury insurance fund according to the following expenditures:

(A) the work injury medical expenses;

(B) care;

(C) a one-time disability allowance;

(D) one to four level work injury disability allowance;

(E) funeral grants;

(Vi) the dependent relative pension;

(G) the one-time death benefit;

(VIII) assistive devices;

(I) the injury rehabilitative treatment;

(J) the working ability appraisal fee;

(11) the industrial injury investigation fees;

(12) the costs of injury prevention;

(13) the hospital food allowances;

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

(15) the one-time injury medical benefit;

    (16) other costs prescribed by laws and regulations.

Article 13th participation in work-related injury insurance for employers and workers, work-related injury certification registered by the insured, or district (counties and cities), Social Security Administration accepted. Do not participate in work-related injury insurance for employers and employees, the employer is located (industrial and commercial business license registration) of the Social Security Administration Department of the people's Governments above the county level to accept.

Units insured without giving some employees the insurance, industrial accident, work-related injury certification registered by the insured, or district (counties and municipalities) Social Security Administration accepts, treatment is borne by the employer.

    Employers of migrant workers in the place of incorporation and operation were not to participate in work-related injury insurance, after being injured by accident or occupational disease, to social security administration Department of the people's Governments above the county level in the production and operation of work-related injury certification, work identification, and according to the provisions of the regulations on industrial injury insurance pay industrial injury insurance benefits according to law by the employer.

Article 14th work injury certification application shall submit the following materials:

(A) the employer, employee or immediate family members, fill in the application form for work-related injury certification of trade union organizations;

(B) the copy of the labor contract of a labour relationship or other valid supporting documents;

(C) the medical certificate issued by a medical diagnosis, or medical records of diagnosis of occupational disease issued by the medical institutions and medical certificate (or certificate of diagnosis of occupational disease);

(D) the employee identity card;

    (E) municipal social security administrative departments should provide additional material. 15th lawfully established by administrative departments of health, social security, and labor unions, as well as social insurance institutions, capability approval of municipal Labor Committee composed of representatives of the employer, is responsible for management of work competency expertise on.

    Permanent Office for the city of work competency expertise Center, located in the Municipal Department of social security administration, is responsible for the work and identification of daily work.

16th work identified by employers, injured workers or their close relatives make application to the labour assessment Committee, and include the following materials:

(A) the application form for identification of the Guiyang City, the ability to work;

(B) municipal, district (city, County) ascertainment of the conclusions issued by the Social Security Administration Department;

(C) injured workers the original medical records, diagnosis, treatment information and conclusions, and occupational disease the worker's medical history and diagnosis of occupational disease certificate (or certificate of diagnosis of occupational disease);

(D) the employee ID card copy and photos;

    (E) Municipal Committee of work competency expertise of other related material. Article 17th identification units, work, or individual refuses to accept the conclusions of the appraisal Committee, you can receive the expert conclusion within 15th of retesting an application made to the province of work competency expertise Committee.

    Province of work competency expertise work competency expertise conclusions made by the Committee for a final conclusion.

    Article 18th work competency expertise on 1 year after the date of conclusion, the injured employee or his or her close relatives, or disabled according to the social insurance agency of change, may apply to the Municipal Commission of work competency expertise on the labor capability review identified.

19th at work or suffering from occupational diseases first of work competency expertise, stoppage of pay period, auxiliary appliances configuration confirmation to participate in work-related injury insurance employees and their expenses paid from the work injury insurance fund, identification of workers not participating in work-related injury insurance fees paid by his employer.

    Review one year after identification, identification of the end (retesting), old injury was confirmed, ability to work, or the suspension of the Identification Commission confirmed pay period, assistive devices and refuses to accept the configuration application again reaffirmed, costs are borne by the applicant. 20th to participate in work-related injury insurance and workers ' medical costs, identified before the injury, first advanced by the employer.

    Identified after the work-related injury, work injury medical expenses that have occurred, unit of work-related injury insurance registration to the city or area (city, County) reimbursed social insurance agency in accordance with the regulations; continuing injury medical costs incurred by signing a service agreement of medical institutions and municipal social insurance agencies according to the provisions of the settlement.

    21st employee who died in, and his close relatives receive 39th article of the regulations according to the work-related injury insurance funeral grant, dependent relatives and one-time death benefits.

22nd after identification of ascertainment and the ability to work, the employee, the employer according to the conclusions of work competency expertise, social insurance agencies for the work injury insurance benefits application procedures, audited in accordance with conditions, according to the provision of work-related injury insurance benefits.

For the work injury insurance benefits application procedures are required to provide the following information:

(A) work-related injury insurance benefits claim form;

(B) work-related injury certification conclusions;

(C) work competency expertise conclusions;

(D) the injured employee identity cards and a booklet;

(E) the surviving dependent relatives of employees and dependent relationship of identity materials or other documents;

(Vi) issued by the civil affairs departments of the widowed or orphaned certificates;

    (G) other information prescribed by the social security administration. Article 23rd of the same civil compensation of work-related accidents and, in principle, in accordance with the first civil compensation, after work injury insurance benefits are processed in the order, the work injury insurance fund does not pay twice the corresponding treatment.

    Civil compensation standards lower than the standards in work injury insurance benefits, part from the work injury insurance fund to make up the difference. 24th an employer not paying workers ' compensation insurance costs during the accident, the injured worker's work-related injury insurance benefits, and borne by the employer. From the next day of pay arrears in full, the work injury insurance fund according to the provisions of these measures cover the cost of new.

    Employer not paying of workers compensation insurance, work injury insurance fund stopped paying the employer all the injured workers of work-related injury insurance benefits.

    25th registration of an employer does not apply for work-related injury insurance, the municipal, district (city, County), Social Security Administration Department of a rectification; fails, the employer should pay workers ' compensation insurance costs 1 time more than three times the amount of a fine, directly responsible to the charge and the other persons of less than 500 Yuan and 3,000 yuan fine.

    26th the employer fails to pay industrial injury insurance, the municipal, district (city and County) is imposed by the social insurance institutions ordered to pay or make up, and from the date of default of payment, plus five out of 10,000 late fee per day late fee into the work injury insurance fund; still fails to pay the past due, default of payment 1 time more than three times the amount of a fine. 27th article this way come into force February 1, 2014.