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

Original Language Title: 江西省实施《工伤保险条例》办法

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Modalities for the implementation of the Labour Injury Insurance Regulations in the Province of Yangi

(Summit 3th ordinary meeting of the People's Government of the Southern Province, 24 April 2013, considered the adoption of the Decree No. 204 of 6 May 2013 for the People's Government Order No. 204 of 6 May 2013, which came into force on 1 July 2013)

In order to guarantee medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, to promote work injury prevention and occupational rehabilitation, to disperse the risk of work injury in their units, and to develop this approach in line with the relevant provisions of the Social Insurance Act of the People's Republic of China and the State Department's Work injury Insurance Regulations (hereinafter referred to as the Regulations).

Article 2 Employees of the user unit have the right to work injury insurance under the law.

Article 3. The Provincial Social Insurance Administration is responsible for work injury insurance throughout the province. The municipal, district and social security administration in the establishment area is responsible for work injury insurance in the present administration. The Social Insurance Agency established by the Social Insurance Administration at all levels (hereinafter referred to as the Office of the Ombudsman) performs specific work injury insurance.

The financial sector and the audit body are governed by law by the payments and management of the Work injury Insurance Fund.

Departments such as safe production supervision, health, civil affairs, public safety, transport, business, housing and rural and urban construction, within their respective responsibilities, assist the Social Insurance Administration in its work injury insurance.

Article IV Work injury insurance should be combined with accident prevention and occupational rehabilitation.

Individual units and workers should comply with the laws governing safe production and occupational diseases, implement safe sanitation protocols and standards, prevent accidents and avoid and reduce occupational diseases.

The Social Insurance Administration and the agencies should establish a system for the prevention of work injury and, through assessment of the level of risk of work injury at the workplace, adopt measures such as adjustment rates, incentives for workplace injury prevention and reduce the incidence of accidents and occupational diseases.

Article 5 The user unit shall be present within the fifteenth day after the 30 days after the payment or the change in the payment of the royalties. The content should include the scope of persons entitled to work injury insurance treatment, the duration of tenure and the payment of contributions.

Employers have the right to promote the participation of agents in work injury insurance and public attendance, and trade union organizations of the user unit are obliged to promote the participation of the user's units in the work injury insurance and public attendance.

The employee's work injury before and on the date of the payment of the royalties was paid by the agent's unit; the worker's work injury was incurred after the payment of the pay, and its work injury insurance treatment was paid by the work injury insurance fund in accordance with the provisions of the Regulations and the scheme.

Article 6. The user unit shall pay the cost of work injury on time. Employers do not pay their work injury contributions.

The total number of employees paid by the user's unit for work injury insurance contributions is higher than that of the unit pay rate.

The rate of contributions paid by a user unit is determined by an integrated regional office in accordance with the State-mandated industrial differential rate and the industry rate file, in accordance with conditions such as the use of injury premiums by the user unit, the incidence of work injury, the level of occupational illness.

The payment of work injury insurance contributions is carried out in accordance with the relevant provisions of the Department's Social Insurance Administration.

Article 7. Integration of the workplace injury insurance fund into all municipalities and the gradual integration of the provincial sector.

The work injury insurance fund was established by the Provincial Unidroit, which was established. Provincial work injury insurance premiums are administered by the communes in accordance with 3 per cent of the actual expended work injury insurance premiums for the current year, and the provincial authorities have made up 3 per cent of the actual exclusive insurance premiums earned at the current level of the above-mentioned funds and provinces to the management of the financial exclusive-sectors for the purpose of scoping with the expenditure of the whole provincial heavy accident insurance fund and increasing the level of the insurance fund. Specific approaches to the collection, management and use of provincial work injury insurance premiums are developed by the provincial Social Insurance Administration with the provincial financial sector and are implemented after the approval of the provincial Government.

The work injury insurance fund should be strictly administered in accordance with the provisions of the financial system of the Social Insurance Fund. The Office of the United Nations High Commissioner for Human Rights (OHCHR) made the Fund's income in the same financial sector in a monthly manner, ensuring that the income-earners were not balances at the end of the month and that funds were allocated in accordance with the provisions.

In the case of the Agency's insurance for work injury, a special collection of social insurance contributions in the provinces should be collected from the provincial financial sector.

Article 8

(i) Medical costs and rehabilitation costs for treatment of work injuries;

(ii) Accommodation grant;

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

(iv) Confirmation by the Labour Capacity Identification Commission of the cost of installing a disability support tool;

(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 paid by grades I to IV workers;

(vii) A one-time injury medical grant should be granted when termination or dismissal of a labour contract;

(viii) Removal of medical expenses, funeral benefits, pensions for relatives and one-time surviving benefits for workers;

(ix) Feasibility of labour capacity;

(x) Work injury determination of investigation fees;

(xi) Work injury prevention fees;

(xii) Care for vocational rehabilitation.

Any unit or person may not use the work injury insurance fund for investment operations, construction or alteration of office premises, awards or other purposes.

The municipalities in Article 9 should establish a fund for work injury insurance (hereinafter referred to as reserves). The reserve was distributed by 10 per cent of the total annual work injury insurance fund in the city of the current establishment area, which was accumulated every year and reached no later than 20 per cent of the total annual work injury insurance fund.

The reserves are paid for work injury insurance treatment for major accidents in the current area. The use of the work injury insurance reserve should be funded by an integrated regional agency, with the approval of the Government of the urban population of the registered area following the approval of the municipal social security administration, the financial sector. Inadequate payments are made by the commune government of the established area.

Article 10 Employees have been diagnosed or identified as occupational diseases under the Occupational Diseases Prevention Act, and the unit of the person shall submit a claim for work injury to the integrated regional social security administration on a timely basis within thirty days of the date of the accident or the date of diagnosis and identification of occupational illnesses. In exceptional cases, the time limit for application could be extended appropriately, with the consent of the Social Insurance Administration.

The owner's unit does not make a claim for work injury, or its close relatives, trade union organizations may, within one year of the date of the accident or the date of the diagnosis and identification of employment, directly to the social security administration in the integrated area where the user unit is located.

Article 11. Employers' units are registered and do not operate in an integrated area where they are not subject to work injury, have participated in the work injury insurance and apply for work injury to the social security administration in the occupier's place of insurance; and have not been involved in the work injury insurance scheme, for work injury determination purposes to the social security administration of the occupants.

Employers were sent to work in the country where their domestic work injury insurance relations were not suspended and, after the injury occurred, they were applied to work injury determinations in accordance with the provisions of the Regulations and the scheme.

Article 12. 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).

In addition to the material requested in the previous paragraph of this article, the request for work injury may be submitted to the author's units, the relevant administrative organ or the People's Court for the purpose of proof.

Article 13. The social security administration shall issue a letter of acceptance within five working days from the date of receipt of the worker injury determination request. Incompatible with the conditions of admissibility, the Social Insurance Administration was inadmissible and informed the applicant in writing.

While the worker injury finds that the applicant has made a claim for work injury within the time frame set out in this scheme, the provision of material is incomplete and the social security administration should inform the applicant in a written written manner of all the material that the applicant needs to be added. The Social Insurance Administration shall be admissible within thirty days when the applicant is found to be required to supplement the material.

Article 14. When the Social Insurance Administration accepts the application for injury, it is necessary to verify the accident injury and, in accordance with the review, the assistance of the person's units, practitioners, trade union organizations, medical agencies and the relevant departments. The social insurance administration is no longer valid to investigate the certificate of diagnosis of occupational diseases or the certificates of medical diagnosis.

When the Social Insurance Administration conducts work injury determinations, the practitioners or their immediate family are of the opinion that the worker is injured and the person's unit is not considered to be a worker injury and bears the burden of proof by the user unit.

The Social Insurance Administration shall make a decision on the determination of work injury within sixty days of the date of receipt of the worker's injury determination and, in writing, inform the employee who has claimed the injury or his or her immediate family and the employee's unit. Where a worker is found to be injured or treated as work injury, the worker shall be granted a certificate of work injury.

The Social Insurance Administration's decision to determine the employment injury should be taken within fifteen days in the light of the facts before it and the clear determination of the worker's injury.

Article 15. Employers are injured by their work, with disabilities and labour-related capacity following the relative stability of the treatment and injury, and labour capacity should be identified.

The following materials should be made available to the Commission for the Identification of Urban Labour Capacities in the Area, using a person's unit, a worker or his or her immediate family for the identification of the labour capacity:

(i) Identification of the application form for labour capacity;

(ii) Decisions on work injury;

(iii) Medical institutions receive ministers, medical diagnostic certificates or occupational illness diagnostic certificates (the occupational illness diagnosis certificate), work-related illnesses and medical video check-up information;

(iv) Other relevant evidence material.

The Labour Capacity Identification Commission shall communicate to the applicant the full material required by the applicant in writing. After a written notification of the request to supplement the material, the Commission shall be admissible.

The municipal labour capacity determination board in the establishment area should make a finding of labour capacity within sixty days of the date of receipt of a labour capacity identification application and, if necessary, the time period for the conclusion of a labour capacity can be extended by thirty days. The results of the identification of labour capacities should be communicated in a timely manner to the units and individuals that apply for the identification. In order to reach the disability hierarchy, the Work-Final Disability Act should also be granted to workers.

Article 16 does not apply for the identification of agents and workers or their close relatives for finding conclusions, and shall submit a request for re-election to the Provincial Commission for the Identification of Labour Capacity within 15 days from the date of receipt of the findings and for submission to the initial findings.

The Commission shall transfer the relevant materials to the Provincial Commission for the Identification of Labour Capacity.

The provincial Labour Capacity Identification Commission concluded the final conclusion.

Article 17

Various integrated regional agencies are responsible for the signing of written agreements with work-related medical institutions, rehabilitation agencies and supporting equipment-sharing agencies.

Employers' treatment work injury shall be medically available at the disposal of a medical facility that enters into a service agreement, when the situation is urgent, may be first taken to first aid the near-school medical institution and report the social insurance office within two working days by the user unit. After the relative stability of the worker's injury, the Agency was determined whether the injury was transferred to a medical facility that entered into a service agreement.

The treatment of non-worker injuries by workers does not enjoy the treatment of work injury and is treated in accordance with the basic health insurance scheme.

Article 19 Staff members who are injured for daily or employment needs to be installed with a constituency, upon application by the Labour Capacity Identification Commission, to be installed by the subsidiary body in the signing of the service agreement, and to be paid from the work injury insurance fund in accordance with national standards.

Article 20, Staff who are unable to live in a self-sustainable employment will require care during the suspension of work, and the receiving medical institution has proved that the unit is responsible for the care of the person. The unit was not given care, and the unit was charged with paying care expenses to workers in accordance with the standard of 70 per cent of the average monthly salary of the employee in the integrated area.

Article 21, Staff maiming is identified as one to four levels of disability and is based on disability benefits from the user unit and the worker, paying basic old-age premiums, basic medical insurance fees to the statutory retirement age.

The employee's disability allowance is lower than the worker's basic old-age insurance, the basic health insurance pay base, and the payment base is implemented in accordance with the basic old-age insurance of the employee and the basic health insurance-related provisions.

After deduction of the worker's disability allowance to his basic old-age insurance and the payment of basic health insurance payments, the actual receipt is less than the standard of the minimum wage in the integrated area, and the worker injury insurance fund supplements the difference.

Parts 5 to 6 work injury workers themselves submit a lump-sum employment relationship with the agent's unit, between seven and ten disability workers, termination of the employment contract or termination of the employment contract by the employee himself, and a one-time medical grant paid by the work injury insurance fund to cover a one-time disability employment grant by the user unit.

A one-time medical injury and a one-time disability employment grant are based on the salary of himself for the removal or termination of the labour relationship, with one-time work injury medical benefits standard: Level 5 20 months, 6-17 months, 7-13 months, 810 months, 9-7 months and 10 months of personal salary. The one-time disability employment grant rate is 532 months, 628 months, 725 months, 821 months, 917 months, and 13 months.

Employees suffering from occupational illnesses, a lump-sum medical grant has increased by 30 per cent on the basis of the above criteria.

V-10 workers are less than five years from the statutory retirement age, and one-time disability employment benefits have been reduced by 10 per cent every year; less than one year are calculated according to one year.

Article 23 requests for treatment of work injury insurance by a person's unit, a worker or his or her immediate family, shall be completed and submitted to the following material:

(i) Decisions on work injury;

(ii) Conclusions on labour capacity identification;

(iii) Other material requested by the Office of Internal Oversight Services.

The application for the treatment of work injury insurance for the worker's immediate family is required to provide the material specified in subparagraphs (i), (iii) of the former paragraph and the related supporting material.

In the absence of a declaration by the institution, the applicant should be informed, on a one-time basis, of the additional relevant declaration material; the treatment of the injury insurance shall be granted within ten working days of the date of receipt.

Article 24, Disability benefits, pension payments for foster relatives, living care expenses, is provided by the Provincial Social Insurance Administration and the provincial financial sector, in accordance with the average wage and changes in living expenses for all-provincial workers, and, when appropriate, the adjustment programme is presented to the Government of the Provincial People.

Article 25 Demobilization, insolvency, closure, conversion should be prioritized to address social premiums, including for work injury insurance. The treatment of work injury insurance payments is governed by the following provisions:

(i) Work-related injury workers at first to four levels who have been involved in work injury insurance, the treatment of work injury insurance continues to be paid by the agency; the absence of work injury insurance is calculated by the user's unit in accordance with the standard of actual expenditure per person for the annual work injury insurance treatment in the integrated area to the age of 75 years; the payment of one-time payments to the office in the event of asset liquidation; and the treatment of work injury insurance has been paid by the agency for one-time contributions.

(ii) Employees who have been involved in work injury insurance at grades V to X and are paid by the Workers' Insurance Fund for a one-time work injury medical benefits under this scheme by a person unit to pay a one-time disability employment grant in accordance with this scheme, while termination of the working injury insurance relationship; non-participation of work injury insurance; and payment of a one-time medical grant and a one-time disability employment benefit under this scheme by a user unit.

(iii) As a result of the death of a worker, a person's unit has been involved in a work injury insurance, which continues to be paid by the institution of the institution; the absence of a work injury insurance is paid by the user unit for a one-time payment to a dependent family or a one-time payment to the institution of the institution, which is to be paid on a regular basis. It is calculated that the spouses and parents of the workers who have been killed are counted to the age of 75 years; the minor counts to 18 years.

Article 26 Employees' units shall conduct occupational health inspections before establishing, ending, eliminating labour relations or conducting retirement proceedings, and are determined by work injury in accordance with the procedures set out in the Regulations.

After the dismissal of the worker, the employee was identified as having suffered occupational illness, or his or her close relatives had made a claim for work injury within one year of the date of diagnosis of the occupational illness, and the social security administration should be admissible.

Article 27, after the retirement process for workers and workers, was identified as occupational illnesses and as work injury, was treated in accordance with the law for work injury insurance, without a one-time disability employment grant and a one-time medical grant. The work injury insurance-related treatment is assumed by the employer's unit that terminates labour relations, removes the former or pre-services. The termination of the working relationship between the worker and the dismissal of the former or prior to the processing of the retirement process has been carried out in a number of service units, and the treatment related to the work injury insurance is borne by the user unit leading to occupational illness.

Article 28, Staff members of civil servants, business units and social organizations that are governed by civil service law who are victims of accidents or occupational illnesses due to work, may be identified in accordance with the provisions of the Regulations and the scheme and are entitled to work injury insurance treatment, and the costs are paid by the unit in accordance with the standards set out in the Regulations and the scheme. As a result of public injury or public sacrifices have been paid by the Government, work injury determinations are no longer carried out and workers are treated for work injury insurance. The laws, regulations or the authorities of the State are otherwise provided, from their provisions.

In accordance with the relevant provisions of the State and the provincial authorities, the Central, provincial and military stationery insurance was introduced in accordance with the law.

Article 33 A number of provisions (No. 132 of the People's Government Order No. 132) are also repealed in the provinces of the Giang Sey province.