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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388869.shtml

Jiangxi province, the implementation of the measures of work-related injury insurance Ordinance (April 24, 2013 Jiangxi Province Government 3rd times Executive Conference considered through May 6, 2013 Jiangxi Province Government makes No. 204, announced since July 1, 2013 up purposes) first article to guarantees for work suffered accident hurt or patient occupational of workers get medical treatment and economic compensation, promote injury prevention and career rehabilitation, dispersed employing units of injury risk, according to People's Republic of China social security method and State injury insurance Ordinance (following referred to Ordinance

    ) And other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated. Article within the administrative area of the province of enterprises, institutions, social organizations, private non-enterprise organizations, foundations, law firms, accounting firms and individual industrial and commercial households with employees (hereinafter referred to as the employer) shall participate in work-related injury insurance for workers or employees of the unit (hereinafter employees) pay a fee for work-related injury insurance.

    Employer's workers ' right to have a work-related injury insurance benefits in accordance with law. Article province social insurance administration is responsible for the work injury insurance in the province. City divided into districts, counties (cities and districts) within the administrations responsible for the administration of social insurance work injury insurance.

    The social security administration departments at all levels to set up social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

    Financial departments and audit institutions shall work injury insurance fund revenue and expenditure monitoring and management.

    Supervision and administration of production safety, health, civil affairs, public security, transport, Commerce, housing and urban-rural construction, and other departments in the context of their respective responsibilities, to assist social security administrative departments work injury insurance.

    Fourth injury insurance work should be combined with accident prevention and occupational rehabilitation.

    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.

    Social security administration departments and agencies should establish and improve the system of injury prevention, injury risk by assessing the insurance units, the adjustable rates and other measures, incentive insurance units to do work-related injury prevention, reducing the incidence rate of accidents at work and occupational diseases. Article fifth employers shall make an insurance payment after the 30th or insurance payment after the change in the 15th, will take part in work-related injury insurance about publicity in this unit.

    Publicity should include treatment of work-related injury insurance service, insurance, payment, and so on.

    Workers have the right to urge the employers ' participation in work-related injury insurance and public insurance, employers ' trade union organizations are obliged to urge the employers ' participation in work-related injury insurance and public insurance.

    Worker before the employer payment of insured and what happened on the day of the injury, work injury insurance benefits paid by the employer; the next day after the payment of insured occupational, work-related injury insurance benefits from the work injury insurance fund according to the regulations and provides for the payment of this approach. Sixth the employer shall pay the workers ' compensation insurance costs.

    Employees do not pay workers ' compensation insurance costs.

    The amount employers pay industrial injury insurance premiums for employees ' wages multiplied by the contribution rate in this product.

    The employer contribution rate, by co-ordinating agencies according to employer workers ' compensation insurance costs, level of incidence of work-related injuries, occupational hazards, and so on, industry differences in accordance with State regulations determine the rates and rate brackets in the industry.

    Difficulty in accordance with employer payroll to pay industrial injury insurance in construction enterprises, small service businesses, small-scale mining enterprises, work-related injury insurance premiums paid in conformity with the relevant provisions of the Social Security Administration Department under the State Council.

    Seventh work injury insurance fund, city divided into districts and Manpower, and the progressive introduction of provincial co-ordination. Marketing your marketing fund the province supporting the industrial injury insurance, the establishment of provincial workers ' compensation insurance adjustment funds. Provincial injury insurance transfers gold by the set district of city handling institutions according to when actual levy paid injury premium of 3% Shang solutions province handling institutions, province handling institutions will above funds and province this level extraction of when actual levy paid injury premium of 3% deposit financial designed households management, for transfers solution province heavy King accident injury insurance fund gap of spending, improve, injury insurance fund guarantees level.

    Provincial workers ' compensation insurance adjustment funds the collection, management and use of specific measures formulated by the province, the social security administration in conjunction with the provincial Finance Department, the provincial people's Government for approval. Work injury insurance fund should be strictly in accordance with the provisions of the social security fund system, the early budget and year-end accounts management.

    Agencies on a monthly income of the Fund to pay into the social security fund in the financial sector financial account, ensuring that income month no balance, and applications for disbursement of funds in accordance with regulations.

    Agencies impose work-related injury insurance fee shall be uniformly printed by the financial Department of the Jiangxi province, issued by the province, special receipts for payment of social insurance premiums.

    The eighth work injury insurance fund to cover the following items:

    (A) in the treatment of work-related medical and rehabilitation costs;

    (B) the hospital food allowances;

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

    (D) identified by the work Committee identified for installation costs of disability assistive devices;

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

    (Vi) a one-time disability benefits and one to four injured workers receiving a monthly disability allowance;

    (VII) termination or termination of labor contracts, should enjoy a one-time injury medical benefit;

    (VIII) the rescue of workers in fatal medical expenses, funeral grant, dependent relatives, one-time death benefits;

    (I) the work appraisal fee;

    (J) the industrial injury investigation fees;

    (11) injury prevention costs;

    (12) vocational rehabilitation costs.

    No units or individuals may not use the work injury insurance fund for investment and operation, construction or renovation of premises, bonuses, or diverted to any other purposes. Nineth district of the city shall establish a work-related injury insurance fund reserve (hereinafter referred to as the reserve).

    Reserve collection that year, according to the district city of 10% extract in work injury insurance fund, accumulated year after year, achieve the overall area when it was 20% of the total work-related injury insurance fund can no longer extract. Reserves for the districts, major accident work injury insurance benefits paid. Using work-related injury insurance reserves should be from the film programme to the regional agencies, the city divided into districts after the Social Security Administration Department, financial Department, district city people's Government.

    Insufficient reserves to pay, advances made from the District Municipal Government. Tenth worker accidents hurt or is in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, the employer should injuries since the accident or date of diagnosis and appraisal of occupational disease in the 30th, in accordance with the provisions of the Ordinance to co-ordinate work injury certification application to the regional Social Security Administration Department.

    In special circumstances, with the approval of social security Administrative Department, applicants may be appropriately extended.

    Employers not complying with the provisions of the preceding paragraph apply for industrial injury, the injured employee or his or her close relatives, of trade union organizations in the accident or diagnosis and appraisal of occupational disease within one year from the date of, directly to the location of the employer and manpower work injury certification application to the regional Social Security Administration Department.

    11th employer registration and place of operation is not in the same integrated areas of employee injuries, have taken part in work-related injury insurance, insurance to social security Administrative Department for work injury certification application; not participating in work-related injury insurance, production and operation of social insurance to the employer work-related injury certification application to the Administrative Department.

    Employees being sent outbound work, domestic work-related injury insurance relationship is not suspended, after the injury occurred, in accordance with the provisions of the Ordinance and these rules, apply for a work-related injury certification.

    12th applied for work injury certification 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).

    Submit a work-related injury certification application, in addition to material submitted to the requirements of the preceding paragraph of this article, can also submit the employer, relevant administrative organs or a people's Court has some proof. 13th work injury certification the applicant within the time limit stipulated in this way the work injury certification application, application materials and complete social security administrative departments shall, from the date of receipt of a work-related injury certification request acceptance notice issued within five working days.

    Not admissible, the social security administration is inadmissible, and inform the work injury certification the applicant in writing. Work injury certification the applicant within the time limit stipulated in this way the work injury certification application, but the material provided is not complete, and social security administrative departments shall, from the date of receiving the application for work-related injury certification within five working days, one-time written notice work-related injury certification all applicants need to correct material.

    Work-related injury certification the applicant requested correction material in the 30th, the social security administration shall be accepted. 14th after the Social Security Administration accepts the application for work-related injury certification, based on the audit will need to be able to investigate the accident verified, employers, employees, trade union organizations, medical institutions and relevant departments shall provide assistance.

    Legally obtained the occupational disease certificate or certificate of diagnosis of occupational disease, the social security administration no longer carry out investigation to verify.

    When the social security administration departments for work-related injury certification, or their immediate family members of employees considered to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof. Social Security Administration accepts the application for work-related injury certification make a work-related injury certification within 60 days of the date of decision and notify applications for work-related injury certification of employees or their immediate family members and the trade union organization.

    Where found to be or treated as employees injured, injured workers should be issued with the certificate of ascertainment.

    Social Security Administration Department to accept the fact that clearly and expressly finds that the application in which the rights and obligations, shall be made at the 15th work injury certification decisions.

    The 15th employee injuries treated injuries after a relatively stable disabilities, affecting the ability to work, work identification should be carried out.

    Employers, injured workers, or their immediate family members to apply for labor competencies, shall be filed with the city divided into districts work competency expertise on the Committee with the following materials:

    (A) work competency expertise on the application form;

    (B) work-related injury certification decision;

    (C) the medical certificate of discharge summary, medical diagnosis or the occupational disease certificate (certificate of diagnosis of occupational disease), workers ' compensation, such as patient records and medical imaging data;

    (D) other relevant supporting documents. Incomplete work competency expertise on applicants to provide materials, labour assessment Committee shall at once inform the applicant in writing and correction of all materials.

    After correction in accordance with the written request of the applicant the materials, labour assessment Committee shall be accepted. District municipal labour assessment Committee shall receive the ability to work within 60 days from the date on which the application of work competency expertise conclusions and, if necessary, work identification of can be extended to 30th. Work appraisal conclusions in time shall be applied for identification of units and individuals.

    Meet the grade, should also be issued to injured workers for work disability certificate.

    16th section work identification of the employer and injured workers or their close relatives not satisfied with the conclusions shall be from the date of receipt of the expert's conclusion in the 15th, and retesting application to provincial labour assessment Committee and the submission of the initial critical conclusion.

    Initial identification of work competency expertise on the Committee should be transferred to the provincial Commission of work competency expertise on related materials.

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

    17th of provinces and districts, social security administration, the Department of planning, selecting, demonstrated and published injury designated medical institutions, rehabilitation agencies and assistive devices configured body.

    The pooling area agencies are responsible for and work-related medical institutions, rehabilitation agencies and assistive devices configuration entered into written agreements, and so on. 18th employee treatment should enter into a service agreement employees injured designated medical institutions for treatment, in case of emergency you can go to the nearest medical institution when emergency and unit in the report the social insurance agency within two business days.

    Injured worker injuries are relatively stable, as injury to determine whether, by agency signed service agreement ' transferred to designated medical institutions for further treatment.

    Injured workers in the treatment of work-related injury caused by disease, not entitled to work injury medical treatment, under the basic medical insurance scheme.

    19th injured workers because of daily life or employment needs to be installed to configure assistive that I apply, upon identification Committee determined, assistive devices configured to sign service agreements institutional setup configuration, the costs paid from the work injury insurance fund according to national standards. 20th unable to take care of injured workers in the work stoppage of pay period need nursing care, medical institutions admitted to the certificate, by the units responsible for human care.

    Unit not sent someone to care, by the units in line with the standards of the average monthly wage of employees 70% for the last year to injured workers to pay care fees.

    21st employee work was identified as one to four levels of disability disability, by the employer and injured workers with disability allowance for base pay basic endowment insurance, basic medical insurance premiums to the statutory retirement age.

    Injured workers ' disability benefits than workers ' basic old-age insurance, basic medical insurance contribution base, base pay in accordance with the workers ' basic old-age insurance, basic medical insurance-related regulations.

    Injured worker disability allowance deducted my basic old-age insurance, basic medical insurance payment section, the actual amount received below the minimum wage and manpower areas, from the work injury insurance fund to make up the difference.

    22nd five to six injured workers, I raised with the employer discharge or termination of labor relations, seven to ten injured workers ' labour, expiry of the employment contract termination or my termination of employees, employment contracts, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy. One-time injury disability employment medical benefits and a one-time grant to rescission or termination of labor relations to base wages, one-time injury medical benefit criteria: five grade six levels of 17 months, 20 months, seven levels of 13 months, eight, 10 months, nine levels for 7 months, and ten levels of 4 months shall be paid.

    Once disabled employment subsidy criteria: five levels of 32 months, six levels of 28 months, seven levels of 25 months, eight levels of 21 months, nine levels of 17 months, and ten levels of 13 months of wages.

    Injured workers suffering from occupational diseases, one-time injury medical benefit in 30%, on the basis of the above criteria.

    Five to ten injured workers of less than five years from the legal retirement age, a one-time disability employment grant each one year reduced 10%; less than one year in accordance with the one-year calculations.

    23rd employers, injured workers or their immediate family members to apply for work injury insurance benefits agency, shall complete the work injury insurance benefits application form and submit the following materials:

    (A) work-related injury certification decision;

    (B) work competency expertise conclusions;

    (C) other materials sought by the Agency.

    Apply for immediate family members of employees in fatal work injury insurance benefits, provided the preceding paragraph (a), (c) provision of material, as well as relevant documents for dependent relatives.

    Agency for application materials are incomplete, shall at once inform the applicants to supplement the application materials; materials are complete and meets the conditions for issuance, shall be issued within ten working days from the date of acceptance of work-related injury insurance benefits.

    24th pension, disability allowance, dependent relatives living costs by Social Security Administration Department of the province, in conjunction with provincial financial departments according to the province's average wage of staff and changes in the cost of living, and so on, timely adjustment programme, submitted to the provincial people's Government for approval before implementation. 25th dissolution, bankruptcy, closure and restructuring of the employer, shall give priority to solving social security costs include the cost of work-related injury insurance.

    For work-related injury insurance benefits paid in accordance with the following provisions: (A) between one and four of the injured workers, employers have participated in work-related injury insurance and agencies handling work-related injury insurance benefits continue to be paid did not participate in the work-related injury insurance, in line with the previous year by the employer work injury insurance benefits in real per capita expenditure standard calculation to 75 years of age, at the time of liquidation a one-time payment to the agency; once paid in full.

    Month, work-related injury insurance benefits paid by the Agency.

    (Ii) five to ten level of injury workers, employing units has participate in injury insurance of, by injury insurance fund according to this approach paid one-time injury medical grant, by employing units according to this approach paid one-time disability employment grant, while terminated injury insurance relationship; not participate in injury insurance of, by employing units according to this approach paid one-time injury medical grant and one-time disability employment grant, while terminated injury insurance relationship. (C) workers in fatal, the employer has participated in work-related injury insurance, pensions continue to be the Agency in charge of their dependent relatives to pay; do not participate in work-related injury insurance, by the employer in accordance with the criteria set out in the regulations, lump-sum payments to dependent relatives, or a one-time payment to the Agency, the Agency continued to pay on a regular basis.

    Calculation time: employee spouses and dependent parents in fatal calculation to 75 years of age; a minor calculation to 18 years of age.

    26th the employer for workers exposed to occupational hazards, establish, terminate, termination of labor relations prior to retirement formalities or shall conduct occupational health examination, was diagnosed in his unit suffering from occupational diseases, in accordance with the procedure provided for by the Ordinance work injury certification.

    Diagnosed with occupational diseases after workers leave, the employee or his close relatives were diagnosed with occupational diseases submitted within one year from the date of work-related injury certification application, the social security administration shall be accepted. 27th after retirement formalities injured workers was diagnosed with occupational diseases and recognized as work-related injuries, work-related injury insurance by law relating to treatment, but do not enjoy the lump-sum disability employment grant and one-time injury medical benefit. Treatment-related injury insurance by the termination of labor relations, former employer before retirement formalities or commitment.

    Injured workers termination of labor relations, lifting or handling of procedures in multiple employer work before retirement, treatment-related injury insurance borne by the lead employer of workers suffer from occupational diseases. 28th civil servants, the civil service law of the institutions and social organizations of staff due to work accidents or occupational diseases, can, in accordance with the Ordinance and these rules provide for the ascertainment of identification and the ability to work, enjoy the benefits of the work injury insurance, by the unit in accordance with the requirements of the regulations and the standard payment as provided herein. Wounded or died while on duty has been government pension, no longer carries the ascertainment, the treatment of work-related injury insurance.

    Otherwise provided by laws, administrative regulations or the State Council Department, from its provisions.

    29th national, provincial and military stationed in Gan law provincial-level co-ordination of industrial injury insurance, work injury insurance in accordance with the relevant provisions of national and provincial executive. 30th these measures shall come into force on July 1, 2013. The Jiangxi province (Ordinance of industrial injury insurance > regulations (provincial 132th) repealed simultaneously.