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

Original Language Title: 安徽省实施《工伤保险条例》办法

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Methodology for the implementation of the Workers and Injuries Insurance Regulations in the Central Province

(Summit 8th ordinary meeting of the Government of the People of Anguébé Province, 10 July 2013, considered the adoption of Decree No. 247 of 27 July 2013, No. 247 of the Order of the People's Government of Anguégué, which came into effect on 1 September 2013)

Chapter I General

Article 1 implements the Work injury Insurance Regulations established by the Department of State (hereinafter referred to as the Regulations) and develops this approach in the light of the practice of the province.

Article 2

Article 3 Governments of the municipalities in provinces and establishments should establish and improve occupational injury insurance systems that combine work injury prevention, economic compensation and occupational rehabilitation.

Article 4

The Social Insurance Administration performs specific work injury insurance services in accordance with the provisions of the State Department and the Ministry of the People's Government relating to the establishment of the Social Insurance Agency (hereinafter referred to as the institution). The operational requirements of the Office of the United Nations High Commissioner for Refugees are vested in the current level of finance.

Article 5 Safe production surveillance, health, finance, levies, public safety, civil affairs, housing and rural and urban-rural construction, etc.

Governments at all levels and their relevant departments should seek the views of trade union organizations and agents.

Article 6. The user unit shall make the list of workers participating in the work injury insurance, the payment of wages, the amount of contributions, etc. available in this unit.

Individual units and workers should comply with laws and regulations relating to safe production and occupational diseases, implement safe sanitation protocols and standards, prevent accidents in work and avoid and reduce occupational diseases.

Chapter II Work injury insurance fund

Article 7. Integration of the workplace injury insurance fund in the municipalities where it is established is gradually integrated.

Article 8

(i) Employees' insurance contributions;

(ii) Lower-in-kind contributions for work injury insurance;

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

(iv) Other funds included in the Work injury Insurance Fund under the law.

The work injury insurance fund is deposited with the financial exclusive of the Social Security Fund.

Article 9

In the integrated area, the user unit's rate of contribution is determined at the rate of the user's unit in accordance with the use of the agent's insurance premiums and the incidence of work injury.

The operating scope covers the payment rate of the user units in multiple industries and is determined in accordance with the industrial rate applicable to the main industry.

Article 10

(i) Treatment of work injury insurance payments under the provisions;

(ii) Feasibility for labour capacity identification;

(iii) Costs such as advocacy, training, etc. for work injury prevention;

(iv) Work injury determination of investigation fees;

(v) Laws, regulations and regulations provide for other costs for work injury insurance.

Article 11. Establishment of a labour injury insurance reserve system in provinces and municipalities.

The municipal work injury insurance reserve in the area was retained from the insurance premiums collected, with a total of 30 per cent of the annual contribution of the injury insurance premium, which was no longer increased by 30 per cent.

The work injury insurance reserve is paid for work injury insurance treatment for major accidents. The municipal work injury insurance reserve in the area is not paid, with a proportion of payments paid by the municipality's Government in the area, as well as the provincial work injury insurance reserve.

Chapter III

Article 12 Including casualty accidents shall be reported in a timely manner to the Integrated Regional Social Insurance Administration for a maximum of 48 hours.

Article 13. The worker shall be diagnosed or identified as a occupational disease under the Occupational Diseases Prevention Act, which shall apply for work injury to the integrated social security administration within 30 days of the date of the accident or the date of the diagnosis and identification of occupational illnesses. In exceptional circumstances, the time limit for application could be extended by 30 days with the consent of the Social Insurance Administration of the Integrated Region.

In the absence of a request for work injury determination under the preceding paragraph, a worker or his close family, a trade union organization may submit a claim for work injury directly to the executive branch of the social insurance in the area where the agent's unit is located.

Article 14. Places registered by a person's unit are not integrated in the same area as in the production area where the worker's work injury is found to be responsible for the social insurance administration in the workplace and in the absence of a personal unit for the worker's participation in the work injury insurance, and the worker's work injury is determined by the social security administration in the place of production.

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

(i) Applying the application form for work injury;

(ii) Confirmation of labour relations with the user unit, including de facto labour relations;

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

Article 16 provides for work injury determination, in addition to the submission of material pursuant to article 15 of the present methodology, the following evidence shall also be submitted:

(i) In working hours and in the workplace, legal instruments to be submitted to public security authorities or to the People's Court in response to the injury caused by violence are submitted to the public safety body or to the people's courts.

(ii) The occurrence of accidents during or during work out of a risk response is unknown and the submission to the People's Court of the declaration of disappearances or the declaration of death legal instruments.

(iii) In the course of the trip, a traffic accident or a urban orbit, passenger transport, fire accident injury, submitted legal instruments by the relevant authorities or the decision of the People's Court of entry into force.

(iv) Deaths of sudden illnesses in working hours and jobs, submission of disease death certificates by health-care agencies; sudden-onset diseases during working hours and work hours, with life-saving deaths within 48 hours, and presentation of health-care agencies' statements of recovery and disease deaths.

(v) Convictimization of national interests, public interest activities, such as disaster relief, and submission of evidence from the relevant sectors.

(vi) Staff members who have been serving in the military, who have been maimed by war, public injury, and who have been injured after the user's unit, are required to submit a certificate of old injury to the Revolutionary Army and the Labour Capacity Identification Commission.

Article 17 Staff members or their close relatives are considered to be work injury and the person's unit is not considered to be working injury, and the person's unit should submit the supporting material within 15 days of receipt of the notice of the social insurance administration.

The Social Insurance Administration may make decisions in accordance with the law on the basis of evidence provided by the injured worker or his close relatives or the evidence obtained by the investigation.

Chapter IV

Article 18

Article 19

(i) Initial identification and review of the extent of labour functional barriers;

(ii) Initial identification and review of the extent of self-sustainable barriers;

(iii) Reconfirmation of the duration of the suspension;

(iv) Reconfirmation of the need for continued treatment after the expiry of the pay period;

(v) Required confirmation of the need for care during the period of suspension of work or during the treatment of work injury;

(vi) Confirmation of illness resulting directly from work injury;

(vii) Recognition of work injury recovery;

(viii) Reconfirmation of old injury;

(ix) Confirmation of a supporting tool;

(x) Accreditation for the labour capacity of relatives;

(xi) Other identification and recognition projects under laws, regulations and regulations.

The above-mentioned circumstances need to be confirmed through expert identification and organized by the Commission's experts.

Article 20

(i) Reconfirmation of the extent of barriers to the functioning of the workforce;

(ii) Reconfirmation of the degree of self-sustainability;

(iii) Other legal, regulatory and regulatory requirements.

Article 21, Labour capacity determination criteria are presented by the Provincial Social Insurance Administration, which is approved by the Provincial Finance Department.

Article 22, after the expiry of the employee's probationary service or the relative stability of the treatment, rehabilitation and injury situation, there is a disability, impact on the labour capacity, which should be validated.

Chapter V

Article 23, Staff members were identified as disability at the level to four levels, retained labour relations, withdrew from their jobs, enjoys the relevant treatment in accordance with article 35 of the Regulations and pays basic medical insurance expenses for the benefit of the person's unit and the employee. After deduction of the basic health insurance payments paid by individuals, the actual amount of the disability allowance is lower than the local minimum wage, and the difference is added to the work injury insurance fund.

Article 24 defines the worker's disability as a fifth and sixth-level disability, in accordance with article 36 of the Regulations.

During the employee's entitlement to disability benefits, the personal unit and the employee should be based on disability benefits, pay social insurance, deduct the social insurance contributions paid by the individual, the actual amount of the disability allowance is less than the local minimum wage standard, and be filled by the user unit.

As a result of the worker himself, the worker may disband or terminate the labour relationship with the agent's unit, paying a one-time work injury medical benefit from the work injury insurance fund and a one-time disability employment grant by the user unit. The average monthly wage for the year-long workers in an integrated region is based on a standard for a one-time work injury medical grant: 24 months for five-tier disability and 18 months for a one-time disability benefit: The fifth level of disability was 40 months, with a sixth disability of 34 months.

Article 25 Employees are identified as disabled by grades 7 to X and are treated in accordance with article 37 of the Regulations.

Labour, employment contract expires, or the worker himself submits the removal of the labour, employment contract, which is paid by the Workers' Insurance Fund for a one-time work injury medical grant and a one-time disability employment grant is paid by the user unit. The average monthly wage for the year-long workers in an integrated region is based on a one-time working injury medical grant standard: seven-year disability is 10 months, eight-month-level disability is 8 months, nine-year-level disability is 6 months and 10 years; and one-time employment grant criteria: The seven levels of disability were 20 months, eight were disabled 15 months, and nine were 10 months and 10 were disabled for five months.

In accordance with article 24, article 25 of this scheme, workers with one-time disability employment benefits are treated under article 25 of the scheme, and one-time disability employment benefits are implemented in accordance with the following criteria:

(i) Less than one year, to be paid in full by 30 per cent;

(ii) Less than two years, to be paid in full by 60 per cent;

(iii) Less than three years, to be paid in full by 70 per cent;

(iv) Less than four years, which is paid in full by 80 per cent;

(v) Less than five years, payments are made in full by 90 per cent.

In accordance with article 27, disabled workers are not treated with a one-time medical grant and a one-time disability employment grant.

Under article 28, the employee was killed and his close relatives received funeral benefits under article 39 of the Regulations for raising the family's pension and a lump-sum payment.

An application for the treatment of a family pension shall be submitted to an integrated regional office for proof of family status, a household book, and a certificate from the commune (commune) Government or the street office for the benefit of the principal source of life by the employee.

Article 29 requires care for workers in the period of suspension of work or during the period of work injury recovery, and the medical agency has confirmed that the person's unit is responsible for care or payment of care expenses in the month. The rate of care is 80 per cent of the average monthly salary for the yearly workers in the integrated area. Of these, the cost of living care has been paid by the user unit to pay the difference between the cost of care for the period of work injury recovery and the cost of living care.

The requirement for care is disputed and may be applied to the municipal labour capacity identification committee in the area during the period of suspension of work or during the treatment of work.

The following treatment for work injury insurance is paid by the Workers' Insurance Fund:

(i) Medical injury, rehabilitation expenses;

(ii) Accommodation grant;

(iii) Costs for disability support equipment;

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

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

(vi) A one-time disability grant and a disability allowance at the level to the level of disability workers;

(vii) A one-time work injury medical benefits;

(viii) A lump-sum benefit;

(ix) The funeral grant;

(x) Pensions for relatives;

(xi) Other costs under laws, regulations and regulations.

The following treatment of work injury insurance is paid by the user unit:

(i) Removal of the pay period of care;

(ii) Removal of salary benefits;

(iii) The difference between care and life-care costs during work injury recovery;

(iv) V- and 6-level disability workers' disability benefits;

(v) One-time disability employment grant.

Article 32, when the worker was injured by an accident during the employment of the unit of the labour relationship, was assumed by the unit of his labour relationship to be responsible for the insurance. The unit of the labour relationship should agree with the work unit on the compensation scheme for work injury insurance.

Employees who have processed domestic work injury insurance are not paid for their domestic work-related injury insurance treatment during their repatriation work, but external compensation is less than the treatment of integrated regional work injury insurance and is partially filled by the Integrated Regional Social Insurance Agency.

Article 33, a contractor with the qualifications of the subject matter of the work, violates the legal, legislative and regulatory provisions, assigns the contractor's business package, subcontracts to an organization or individual that does not have the qualifications of the subject matter of the work, or workers employed by the organization or the individual, who are employed in the contractor's business for work injury or injury, and assumes the responsibility of the contractor with the qualifications of the subject matter of the work agent for the work-related injury insurance.

Article 344 Insolvency, disbandment or revocation of a user's unit that does not involve a worker in the work injury insurance, the disability allowance and life-care expenses for a worker at the level of four-tier workers and the payment of a family pension for the benefit of the worker for the benefit of the worker as set by the State and the province.

The above-mentioned funds are reserved for the liquidation of assets and are paid in one case to the Integrated Regional Agency for the purpose of bankruptcy, disbandment or dismissal of work-related injury insurance benefits for workers and employees who have died of work. Specific scenarios were developed by the Provincial Social Insurance Administration.

Article 335 Required workers have been reviewed and the disability hierarchy has changed, starting from the findings of the review, to pay disability benefits in accordance with the new findings and to live care.

Until the provincial Labour Capacity Identification Commission concluded its findings, a lump-sum grant for workers and injured workers was not paid, and other work injury insurance treatment was paid in accordance with the findings of the municipal labour capacity determination board.

Following the findings of the provincial Labour Capacity Identification Commission, one-time disability benefits and other work injury insurance treatment for workers are paid in accordance with the new findings.

The level of disability allowance, for the benefit of the extended family, is adjusted by the Provincial Social Insurance Administration in due course with the provincial financial sector.

The level of treatment of living care is adjusted by the Integrated Regional Social Insurance Administration in July each year according to the average monthly salary levels of employees in the integrated area.

Chapter VI

Article 338 was concluded with medical institutions, rehabilitation agencies, supporting equipment configurations, on the basis of equality consultations, and published lists of medical institutions, rehabilitation institutions, supporting devices and institutions that signed service agreements. Specific approaches are implemented in accordance with relevant national and provincial provisions.

Employers' treatment work injury shall be medically available in the form of service agreements. The situation can be quickly looted and the wounds should be transferred in a timely manner to the treatment of the agreed medical institutions. Staff treatment should be followed in a timely manner.

In the case of near-saving treatment, the user units should report an integrated regional agency within five days after the injury and bring the relevant procedures into place.

Article 40 Costs for the treatment of accidents for workers are donated by an agent's unit, which is determined by the Social Insurance Administration as a result of work injury by the user's unit to the institution of the office; continuing medical costs are to be settled directly by an agreement medical institution and the institution.

Article 40 provides for the progressive establishment of a pre-recovery system for identification, medical care and rehabilitation and heavy work injury rehabilitation.

Employers need work injury recovery, which can be rehabilitated by the agreement rehabilitation agencies, following the confirmation by the Commission of the Municipal Labour Capacity of the Zone.

Paragraphs Page

(i) The determination of the decision;

(ii) Confirmation of the need for work injury recovery;

(iii) A medical body or an agreement rehabilitation body, according to the prescribed diagnostic certificates, cost documents, cost inventories and related illnesses.

Article 43 does not pay for work injury insurance funds owing to the costs incurred in the following cases:

(i) The cost of work injury and work injury rehabilitation incurred by non-agreed medical institutions, rehabilitation agencies;

(ii) Configuration costs for the non-agreement subsidiary body;

(iii) In addition to the directory of work injury insurance treatment projects, in addition to the directory of work injury insurance medicines, and inpatient services for work injury insurance;

(iv) Medical costs not related to the treatment of work injury;

(v) Other costs that are not covered by laws, regulations and regulations.

The cost incurred in the first and third of this article shall be paid in the case of emergency rescue.

Chapter VII Legal responsibility

Article 444 staff members of the Social Insurance Administration have one of the following cases and are lawfully disposed of by law; serious circumstances constitute crimes and are criminally prosecuted by law:

(i) The non-requirement of the application for the injury of the worker or the identification of a person who would be incompatible with the conditions of work;

(ii) The lack of proper custody of the evidence obtained by the application for work injury and the loss of the evidence;

(iii) The receipt of the property of the party.

Article 42 is one of the following acts by the social security administration, which is being rectified by the responsibility of the responsible leadership and the person directly responsible, by law; in serious circumstances, constitutes a criminal responsibility under the law; and causes the economic losses of the parties, which are subject to liability under the law of the institution:

(i) No record of the collection of royalties and the treatment of workers for work injury insurance, as prescribed;

(ii) The treatment of approved work injury insurance, as prescribed;

(iii) The receipt of the property of the party.

Article 46 imposes penalties in accordance with the relevant provisions of the Regulations.

Chapter VIII

Article 47 refers to the average monthly wage paid by the worker for a 12-month period prior to the injury caused by the work or the occupational illness.

The level of disability of workers or the manner in which they are treated has changed, and their wages are based on the average monthly salary, disability allowance or pensions of 12 months prior to change.

Payments, disability benefits or pensions are less than 12 months, based on actual monthly.

Article forty-eight State organs and bodies of the business under the civil service law, social groups shall pay work injury premiums to those who establish labour relations, taking into account the provisions of the Regulations and this approach.

Article 49 of this approach is implemented effective 1 September 2013.