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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393702.shtml

Measures of Anhui Province, the implementation of the work-related injury insurance regulations

    (July 10, 2013, Anhui provincial people's Government, the 8th Executive Meeting July 27, 2013, Anhui provincial people's Government announced order No. 247, come into force on September 1, 2013) Chapter I General provisions

    The first Ordinance formulated by the State Council for implementation of the work-related injury insurance (hereinafter referred to as the regulations) and 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 the Ordinance and these regulations to participate in work-related injury insurance for workers or employees of the unit (hereinafter employees) pay a fee for work-related injury insurance.

    Third of provinces and districts of the municipal people's Governments shall establish and improve injury prevention, economic compensation and vocational rehabilitation of a combination of the work injury insurance system.

    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 Department under the State Council and the provincial people's Government established by the relevant provisions of the social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

    Agency business requirements borne by the Government.

    Fifth of production safety supervision and administration, health, finance, tax, public security, civil affairs, Department of housing and urban-rural development, in respect of work-related injury insurance within the scope of their respective duties.

    Governments at all levels and the departments concerned work injury insurance policy, standards, should seek the views of labor unions and employer representatives, and so on.

    Sixth the employer shall participate in work-related injury insurance staff list, payment of wages, the payment amounts of publicity in this unit.

    Employers and employees shall comply with the relevant safety and occupational-disease-prevention laws and regulations and implementation of safety and health regulations and standards, the prevention of occupational accidents, prevent and reduce occupational hazards.

    Chapter II the work injury insurance fund

    The seventh district of the city established the work injury insurance fund and Manpower, progressive province and manpower.

    Eighth work injury insurance fund constituted by the following items:

    (A) the employer to pay industrial injury insurance;

    (B) work-related injury insurance, late fees;

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

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

    Accounts of the work injury insurance fund into the social security fund.

    The Nineth work injury insurance fund according to the principle of fixed income, balance, determine rates.

    And manpower agencies under employer workers ' compensation insurance costs, incidence of work-related injuries and so on, apply appropriate rate within the industry level determine the employer contribution rate.

    Covering a variety of business the employer's contribution rate, in accordance with the rates applicable to its main business of industry standards.

    Tenth work injury insurance funds for the following items:

    (A) the work-related injury insurance benefits paid in accordance with the provisions;

    (B) the work appraisal fee;

    (C) promotion of injury prevention, training and other costs;

    (D) industrial injury investigation fees;

    (E) the laws, rules and regulations for other costs of work-related injury insurance.

    11th of provinces, districts, established reserves of industrial injury insurance system.

    City divided into districts of industrial injury insurance in reserve from work-related injury insurance charges aside, their total after reaching the year levy and payment of workers ' compensation insurance for 30%, no longer increases, of which 30% is regarded as the province of work-related injury insurance reserves. Work-related injury insurance reserves for the major accident work injury insurance benefits paid.

    City divided into districts work-related injury insurance reserves deficiency payments, according to a certain ratio respectively by District municipal people's Government advance, provincial workers ' compensation insurance reserve.

    Chapter III industrial injuries cognizance

    12th casualty of the employer shall promptly report co-ordinating social security administration Department, most no longer than 48 hours. 13th employee accident injury or was in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, injuries from the accident date or date of diagnosis and appraisal of occupational disease in the 30th, to co-ordinate work injury certification application to the regional Social Security Administration Department.

    In special cases, by co-ordinating District Social Security Administration Department, request a time extension of the 30th.

    The employer fails to apply for work injury certification in accordance with the provisions of the preceding paragraph, the injured employee or his or her close relatives, of trade union organizations in the accident or diagnosis and appraisal of occupational disease within 1 year of the date can be directly to the location of the employer and manpower work injury certification application to the regional Social Security Administration Department.

    14th the employer registration and place of operation is not in the same pooling area, work-related injuries found that by participating in work-related injury insurance and social security administration departments; the employer does not provide workers to participate in work-related injury insurance, work-related injuries identified by the production and operation of the social security administration departments.

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

    (A) work-related injury certification application form;

    (B) the labour relation with employers (including the fact labor relationship) of supporting documents;

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

    16th due to the following circumstances apply for work injury certification, in addition to material in accordance with this article approaches its 15th, shall also submit the following information:

    (A) during working hours and within the workplace, arising from the performance of duties by the violence, accidental injury, submitted by the public security organ or the people's Court for violence made by legal instruments.

    (B) or in emergency rescue and disaster relief work during travel accident unaccounted for, submitting legal instruments made by the people's Court declared missing or dead.

    (C) the way to or from work, are not my primary responsibility of traffic accident or urban rail transit, passenger ferries, train accident, submitted to the relevant Department of the entry into force of legal instruments or a people's Court ruling.

    (D) working time and workplace disease death, death certificates submitted to the medical and health institutions; in working time and jobs of sudden illness, died within 48 hours of the submitted medical and health institutions of rescue records and death certificates.

    (E) in emergency rescue and disaster relief, and other maintenance activities harmed national interests, public interests, and submitted to the relevant Department of the supporting materials.

    (F) workers formerly served in the army, due to wars, disabling injuries, to the employer after the old wound, disabled revolutionary servicemen are required permits and labor certificate of competency assessment Committee's old injury was confirmed.

    17th employee or his or her close relative thought to be work-related injury, the employer is not considered a work-related injury, the employer shall from the date of receipt of the notification of the social security administration submit proof within the 15th.

    Employer fails to burden of proof, the social security administration can hurt employees or their close relatives to provide evidence or investigation of the evidence obtained, lawfully work-related injury certification decisions.

    The fourth chapter of work competency expertise

    18th provincial and district city of work competency expertise on the Committee from social insurance, health, civil affairs, finance, and other departments and unions, representatives of agencies and employers representatives.

    19th district city of work competency expertise on the Committee to undertake the following work:

    (A) the identification and review of initial identification of the degree of dysfunction of labor;

    (B) the identification and review of initial identification of self-care disability;

    (C) confirmation of the shutdown leaves pay period to be extended;

    (D) shutdown leaves pay need to continue treatment after the expiry of the confirmation;

    (E) shutdown leaves pay relapse during treatment or work-related injuries in need of care and controversial confirmation;

    (Vi) industrial injury led directly to the confirmation of the disease;

    (VII) injury recovery confirmation;

    (H) confirmation of old injury;

    (I) configuration of assistive devices to confirm;

    (J) the identification of the dependent relative ability to work;

    (11) the provisions of other laws, rules and regulations identification and validation projects.

    Above experts is needed to confirm that, organized by the city divided into districts of work competency expertise Committee expert.

    20th provincial labour assessment Committee to undertake the following work:

    (A) the degree of dysfunction and retesting of labor;

    (B) again self-care disability identification;

    (C) identification of provisions of other laws, rules and regulations.

    21st work competency expertise on the Committee standard for identification of costs by the province, the social security administration for comments, approved by the provincial authorities and the provincial financial department.

    22nd work injury lay-off of employees pay expires or through treatment, rehabilitation after injury is relatively stable, disability, affect the capacity to work shall conduct work competency expertise.

    The fifth chapter work injury insurance benefits The 23rd employee at work was identified as grade I to grade of disability disability, labor relations, quit jobs, enjoy related benefits in accordance with article 35th of the regulations, and by the employer and the individual with the disability allowance for base pay basic medical insurance premiums.

    After the deduction of basic medical insurance premiums paid by individuals, the actual amount of disability allowance is lower than the local minimum wage standards, from the work injury insurance fund to make up the difference.

    24th employee for work disability were identified as five levels, six levels of disability, in accordance with the regulations stipulated in the 36th of enjoy related benefits.

    Employee receiving disability allowance period, the employer and employee should be base on disability allowance, pay social insurance fees, after deducting the personal pay social insurance fees, the actual amount of disability allowance is lower than the local minimum wage, employers make up the difference. Injured worker I, rescission or termination of labor relations staff and employers, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    To co-ordinate workers ' monthly salary of the previous year as the base, one-time injury medical benefit criteria: five for 24 months, six for 18 months; one-time disabled employment subsidy criteria: five for 40 months, six for 34 months.

    25th employee for work disability is identified as a seven-to ten-level of disability, in accordance with the 37th article of the Ordinance enjoy relevant treatment. Labour, employment contract terminated, or the employees ' own labor, employment contracts, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    To and manpower area Shang annual workers months average for base, one-time injury medical grant of standard: seven level disability for 10 months, eight level disability for 8 months, nine level disability for 6 months, ten level disability for 4 months; one-time disability employment grant of standard: seven level disability for 20 months, eight level disability for 15 months, nine level disability for 10 months, ten level disability for 5 months.

    26th article in accordance with the measures set forth in the 24th, 25th, enjoy a one-time disability employment grant treatment for workers, less than five years from the legal retirement age, a one-time disability employment grant in accordance with the following standards:

    (A) less than a year, according to 30% paid in full;

    (B) less than two years, according to 60% paid in full;

    (C) less than three years, according to 70% paid in full;

    (D) in less than four years, according to 80% paid in full;

    (E) is less than five years, according to 90% paid in full.

    Injured workers ' retirement formalities in accordance with the provisions of article 27th, don't enjoy a one-time injury medical benefits and disability employment grant treatment.

    28th employees who die in work, in accordance with the regulations stipulated in the 39th of its near relatives receive a funeral grant, dependent relatives and one-time death benefits.

    Apply for a dependent relative pension benefits, dependent relatives shall be submitted to co-ordinating agency identity, booklet, and township (town) people's Government or sub-district offices issued providers rely on workers living in fatal provided the main source of evidence. 29th injured workers on lay-off pay period or recurrence of injury need nursing during treatment, with medical institutions, nursing care unit is responsible for the care or pay a monthly fee. Nursing standard for integrated area 80% of the workers ' monthly salary of the previous year.

    Among them, have been enjoying life care, pay employees ' recurrent during treatment by the employer care fees and the cost of living difference.

    In need of care and controversial, can be shutdown leaves pay period or recurrence of injury to the district during the treatment of work competency expertise on application to the Commission.

    30th the following work-related injury insurance benefits paid from the work injury insurance fund:

    (A) the work injury medical expenses, rehabilitation expenses;

    (B) the hospital food allowances;

    (C) disability assistive devices;

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

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

    (F) level of the lump-sum disability benefits and to a category four injured workers ' disability benefits;

    (G) the one-time injury medical benefit;

    (H) the one-time death benefit;

    (IX) funeral grants;

    (J) the dependent relative pension;

    (11) other costs prescribed by laws, rules and regulations.

    31st the following work-related injury insurance benefits paid by the employer:

    (A) shutdown leaves nursing salary costs;

    (B) shutdown leaves salaries wages and welfare benefits;

    (C) injury relapse during treatment nursing expenses and the cost of living difference;

    (D) the grade five or grade six injured workers ' disability benefits;

    (E) a one-time disability employment grant. 32nd employee during the labor relations unit to which the workers suffer injuries, work-related injury insurance liability of the labor relations unit.

    Stipulated in the labor relations unit should work with employers employment injury insurance compensation.

    Domestic workers who have workers ' compensation insurance on its own was sent from work, injuries and to receive outside compensation, no longer pay their national work injury insurance benefits; but the treatment of work-related injury insurance compensation below the overall area outside, from urban areas and social insurance agencies make up the difference.

    33rd article has the subject qualification of the labor contract violates laws or regulations, contracting business, subcontracting, subcontracting to organizations or individuals does not have the qualifications, the organization or individual employment of workers engaged in contracting due to injuries at work, assumed by the contractor the employment qualifications the employer shall bear the responsibility for work-related injury insurance.

    Article 34th without workers to participate in work-related injury insurance employer bankruptcy, dissolution or cancellation, its level to level four injured workers ' disability allowance and care workers support relatives in fatal pensions in accordance with national and provincial criteria under. These funds needed will be reserved at the time of liquidation, and lump-sum payments to the co-ordinating agency, from the work injury insurance fund employer bankruptcy, dissolution or been lifted one notch to four injured workers ' insurance and the support of workers in fatal family pension.

    Specific measures for reserved by the province, the social security administration departments.

    35th injured workers identified by the review, grade changes, review the expert conclusions make a month, according to a new conclusion to pay disability benefits and life care fees.

    36th work competency expertise on the Committee before making a conclusion, the one-time disability benefits injured workers not paid, and other work-related injury insurance benefits in accordance with the city divided into districts paid work competency expertise on the Committee's conclusions.

    Province of work competency expertise following the Committee's conclusions, injured workers a one-time disability benefits and other work-related injury insurance benefits in accordance with the new conclusion to pay.

    37th disability allowance, dependent relative pension treatment level by the social security administration of the province in conjunction with the financial sector to adjust.

    Nurse salary from the film on the Social Security Administration Department in July each year in line with the annual workers ' monthly wage level adjusted.

    The sixth chapter medical and occupational rehabilitation 38th agencies and medical organizations, rehabilitation agencies, assistive devices configured institutions on an equal footing on the basis of the service agreement, signed service agreement and publish medical institutions, rehabilitation, assistive devices configured list of institutions.

    Specific measures in accordance with the relevant provisions of the State and province. 39th article treatment of workers injured medical institution shall sign a service agreement. In case of emergency can be close when the rescue was, stability should be transferred to the agreement in a timely manner after medical treatment.

    Employee discharge formalities shall, without delay after the end of treatment.

    Nearest emergency treatment, the employer shall report within the 5th after the injury and manpower agencies and go through the relevant formalities.

    The 40th employee requirements for treatment of injuries, first advanced by the employer, identified by the social security administration after the work-related injury, unit to apply to the Agency the settlement; ongoing medical expenses, medical institutions and agencies direct settlement by agreement.

    41st gradually established after the first rehabilitation identification, medical and rehabilitation and injury recovery system.

    Workers need to work injury rehabilitation, identified by the city divided into districts the ability to work after validation, rehabilitation institutions can come to agreement with injury recovery.

    42nd injured workers or employers and manpower agencies and clearing work injury medical expenses, injury recovery time should provide the following materials:

    (A) work-related injury certification decision;

    (B) the need injury recovery confirmation;

    (C) the agreement issued by a medical institution or rehabilitation institutions in accordance with the provisions of the agreement proving the, Bill, bills of costs and related data, and so on.

    43rd costs incurred due to the following circumstances, the work injury insurance fund not be paid:

    (A) the unauthorized non-agreement on medical institutions, rehabilitation occupational rehabilitation costs for medical expenses and workers ' compensation;

    (B) the agreement is assistive assistive devices configuration configuration mechanisms;

    (C) work-related injury insurance, industrial injury insurance medical treatment outside the project directory, outside, workers ' compensation insurance costs outside the standard range of hospital services;

    (D) medical expenses unrelated to and treatment of work-related injury;

    (E) the laws, rules and regulations are not paid additional fees.

    This article, third of the costs incurred, in the case of emergency, the work injury insurance fund shall be paid.

    The seventh chapter legal liability

    44th social security administration staff has any of the following circumstances, shall be given sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) no legitimate reason not to accept an application for work-related injury certification, or fraud will not eligible for work-related injuries of persons identified as injured workers;

    (B) failed to properly apply for evidence of work-related injury certification of materials, resulting in loss of relevant evidence;

    (C) accept the party's property.

    Article 45th Agency any of the following acts, by the social security administration ordered corrective action and responsible leaders and persons directly responsible shall be given sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law; economic losses occur, by the operator liable:

    (A) not complying with the requirements to keep the employer contributions and employee's work-related injury insurance treatment records;

    (B) according to the provisions approved for treatment of work-related injury insurance;

    (C) accept the party's property.

    46th employers, injured workers, or their close relatives, Protocol, medical institutions, Protocol, rehabilitation agencies, Protocol, supplementary apparatus configured for breaches of the Ordinance and these rules, and in accordance with the relevant provisions of the regulations will be punished.

    The eighth chapter supplementary articles

    47th injured workers wages, refers to workers due to work accidents or occupational disease the first 12 month average monthly salary.

    Treatment of injured workers disabled or payment changes, their average monthly wages to change before 12 months salary, disability allowances or pensions calculated on.

    Payment of wages, disability allowances or pensions of less than 12 months, calculated according to the actual number of months as the base.

    48th State organs and civil service law of the institutions and social organizations should refer to the provisions of the Ordinance and these rules, and to establish a labor relations officer to pay industrial injury insurance. 49th these measures shall come into force on September 1, 2013.