Measures Of Xinjiang Uyghur Autonomous Region, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 新疆维吾尔自治区实施《工伤保险条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387176.shtml

Measures of Xinjiang Uyghur autonomous region, the implementation of the work-related injury insurance regulations

    (January 15, 2013 the 11th Xinjiang Uyghur autonomous region people's Government at the 36th Executive meeting January 18, 2013 182th Xinjiang Uygur Autonomous Region people's Government promulgated by March 1, 2013) Chapter I General provisions

    First according to the work-related injury insurance Ordinance, combined with State practice, these measures are formulated.

    II the employee shall have the right to work injury insurance benefits.

    Autonomous region within the administrative area 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 regulations, participation in work-related injury insurance, for all employees of the entity (including employees) pay a fee for work-related injury insurance.

    Third counties (cities) in human resources and social security administrations responsible for the administration of industrial injury insurance, social insurance institution to which it belongs (hereinafter referred to as the Agency) is undertaking industrial injury insurance-related matters.

    Finance, health, work safety supervision and management departments in the context of their respective statutory duties, is responsible for the work-related injury insurance.

    Financial and auditing departments the work injury insurance fund according to law, payment and management supervision.

    Chapter II the work injury insurance fund

    Fourth State of the work injury insurance fund, city of (ground) level and Manpower, the progressive introduction of provincial co-ordination. Article fifth States and municipalities (), reserves of industrial injury insurance system.

    On the industrial injury insurance reserve fund in accordance with the annual work injury insurance fund collection 10% of the extract and deposit accounts of the Social Security Fund, for a major accident work injury insurance benefits paid.

    Industrial injury insurance reserve fund shall not exceed the accumulated balances last year the work injury insurance fund revenues. Article sixth autonomous region set up district-level adjustment funds of industrial injury insurance system. Adjustment funds of industrial injury insurance for work-related injury insurance benefits cover benefits and workers ' compensation insurance fund transfers.

    Specific measures shall be formulated by the Administrative Department of human resources and social security of the autonomous region autonomous financial departments.

    Article seventh employers pay industrial injury insurance for the employees in this unit, the implementation of real-name registration, full insurance, dynamic management systems.

    Employers should register with the local agency for the work-related injury insurance, the Agency should be completed from the date of acceptance of the 15th.

    Modification or termination of the employer shall be from the date of modification or termination in the 30th, to the agencies for the work-related injury insurance changes or cancellation procedures.

    Article eighth initial contribution rate of employers ' participation in work-related injury insurance, industry benchmark rates determined in accordance with national requirements. The amount employers pay industrial injury insurance premiums for employees ' wages multiplied by the contribution rate in this product.

    Difficult to ascertained in accordance with employer payroll contribution base, can follow the construction cost a percentage of corresponding rates, service area, tons of mineral products and other ways of calculating fees.

    Nineth work injury insurance fund expenditures for the following items:

    (A) injury medical and rehabilitation expenses;

    (B) the hospital food allowances;

    (C) in this State, cities (), medical transportation, Board and lodging expenses;

    (D) configuration fee for assistive devices;

    (E) care;

    (Vi) a one-time disability allowance;

    (G) one to four injured workers ' monthly disability allowance;

    (H) the termination or termination of labor relations, should enjoy a one-time injury medical benefit;

    (IX) funeral grant, dependent relatives and one-time death benefits;

    (J) work competency expertise on cost;

    (11) injury prevention policy advocacy, business training and other costs;

    (12) other expenses of the laws and regulations for work-related injury insurance. Tenth the employer shall, before January 31 of each year to employees in this unit last year to participate in work-related injury insurance lists, payment terms, payment conditions, industrial injury, industrial injury treatment and the accident occurred in the premises for any publicity.

    Public notice not less than 15th.

    Employer should agencies handling publicity for the record.

    Chapter III industrial injuries cognizance

    11th employee accident damage or in accordance with the provisions of the law on prevention of occupational diseases is diagnosis and appraisal of occupational diseases, due to exceptional circumstances apply in work injury certification employers not in accordance with the prescribed time limits, by State and municipal (land) administration of human resources and Social Security Department, request a time extension of the 30th.

    12th employee or his or her close relative thought to be injured at work, employers do not think injury, the employer bears the burden of proof.

    The employer shall from the date of receipt of the notification of the burden of proof in the 10th, to accept an application for work-related injury certification of human resources and social security administrative departments to submit relevant evidence; overdue, human resources and social security administrative departments can be based on employees or their close relatives provide evidence concluded according to law.

    13th injured workers considered work-related injury or occupational disease directly causes other diseases, within 1 year since the date of medical diagnosis, can contribute to the States and cities (to) work-related injury certification application to the Administrative Department of human resources and social security.

    14th State, municipal () human resources and social security administrative departments may delegate to the County (City) human resources and social security administrative departments work injury certification-related work.

    The fourth chapter of work competency expertise

    15th autonomous regions, States and cities () the labour assessment Committee by the level of human resources and social security administration, health administration, trade unions, representatives of agencies and employers representatives.

    16th work competency expertise on the Committee's responsibilities:

    (A) the degree of dysfunction and identification of labour;

    (B) self-care disability identification;

    (C) extend the shutdown leaves pay period to confirm;

    (D) to configure assistive confirmation;

    (E) identification of associated diseases and work-related;

    (F) injury recovery confirmation;

    (VII) residual incapacity due to sickness or injury level identification;

    (H) the entrusted work competency expertise.

    Article 17th labour competencies, shall submit the following materials:

    (A) work competency expertise on the application form;

    (B) work-related injury certification decision;

    (C) issued by a medical institution's medical history, diagnosis and inspection list and image diagnosis and treatment information. Article 18th working ability appraisal costs paid from the work injury insurance fund; do not participate in work-related injury insurance, or fails to pay industrial injury insurance, paid by the employer.

    Retesting, review appraisal's conclusions have not changed, or identification of diseases not associated with work-related injuries, identification of costs borne by the applicant.

    The fifth chapter work injury insurance benefits Section 19th for treatment of work-related injury insurance, work injury insurance benefits shall be submitted to the Agency the application form, work injury certification decisions.

    Agencies should review and payment-related treatment in the 15th.

    Dependent relatives to apply for pension shall also submit the following documents:

    (A) the residence booklet, identification card and household registration administration of public security departments or the township (town) people's Government, the subdistrict office proof of existence;

    (B) the township (town) people's Government, the subdistrict office proof of main sources;

    (C) issued by the civil affairs departments of the widowed, orphaned certificate or the adoptive parent, foster child adoption certificate. Dependent relative incapacity, shall be submitted without working conclusions.

    Identification of the dependent relative incapacity, made by the agencies drew attention to work competency expertise on the Committee.

    20th injured employee before the work-related injury certification of medical costs paid by the employer; after the work-related injury certification in line with the work injury insurance fund payments, paid by the Agency.

    Article 21st employees treating work-related injuries, should be in a service agreement with the Agency's medical institution, in case of emergency you can go to the nearest medical institution when providing first aid first aid out of danger injury stabilization is still in need of treatment, should go to a medical institution have signed service agreement.

    Medical first aid workers did not sign the service agreement, the employing unit shall, from the date of medical first aid report to the local agencies in the 10th.

    22nd unable to take care of injured workers require hospital care during the shutdown leaves salaries, officers of the ED by the units responsible for nursing or monthly to my annual monthly average wage of fully employed staff of the unit standards of care, hospitalization period of less than 1 month, 1 month is counted as cost.

    Injured workers in the work stoppage period salary, in addition to I agree to the comments, the employer shall not terminate labor relations. Article 23rd injured workers need to configure assistive devices, by State and municipal () work competency expertise on the Committee confirmed that assistive devices configured to point body configuration.

    Configuration of assistive devices project and cost criteria, applying relevant provisions of the State, autonomous regions.

    24th injured workers need rehabilitation treatment, by himself or the employer applied by State and municipal () work competency expertise on the Committee confirmed that designated rehabilitation institutions. 25th rehabilitation medical and assistive devices configured consists of an autonomous human resources and social security administration determined in accordance with the conditions prescribed by national, State, and announced to the public.

    States and cities () the Agency should be made public and State rehabilitation agencies and AIDS for the configuration entered into a service agreement and to the public.

    26th in the domicile of injured workers living outside the old injury, agreed by the agencies handling of original residence, place of residence, you can choose one or two medical institutions, enjoying of the State of origin, city (the) injury medical treatment standards. 27th one-to four-level disability after retirement formalities in accordance with law, suspension of disability allowances, and enjoying basic old-age insurance benefits in accordance with national, State, receiving a monthly pension. Basic old-age insurance premiums lower than the rate of disability allowance, from the work injury insurance fund replenishment.
Monthly care fee and existing injury medical expenses are paid from the work injury insurance fund.

    From the work injury insurance fund on a monthly disability allowance levels to four levels of injured workers ', reached the mandatory retirement age, but do not meet the conditions for access to basic old-age insurance benefits, disability benefits continue to paid from the work injury insurance fund. 28th five-, six-level of injured workers ' own voluntary and employer termination of labor relations, to termination of labor relations where States and cities () the workers ' monthly salary of the previous year as the base, paid by the employer for which a one-time disability employment grant and by the work injury insurance fund paid for a one-time injury medical benefit. Five injured workers ' one-time grants and one-time injury medical disability employment grant 11 months and 27 months, respectively, six injured workers ' 24 months and 10 months, respectively.

    Occupational diseases, one-time injury medical benefit 30%, on the basis of this standard. 29th article seven level to 10 level disability workers labor (hired) contract expires terminated labor (hired) contract or I proposed lifted labor (hired) contract of, to terminated or lifted labor (hired) relationship Shi where State, and city (to) Shang annual workers months average for base, by employing units for its paid one-time disability employment grant, and by injury insurance fund for its paid one-time injury medical grant. Seven injured workers ' disability employment once grant and one-time injury medical benefit by 21 months and 9 months respectively, eight injured workers ' at 18 months and 8 months respectively, and nine disabled workers at 15 months and 7 months, ten injured workers ' 12 months and 6 months, respectively.

    Occupational diseases, one-time injury medical benefit 20%, on the basis of this standard. Article 30th diagnosed occupational disease after retirement, did not engage in professional activities during his retirement, and has not been exposed to occupational hazards, the administrative departments of human resources and social security status, whether the original unit to participate in work-related injury insurance verification, the labour assessment committee work competency expertise.

    Original unit to participate in work-related injury insurance for retired employees, other than one-time disability benefits paid from the work injury insurance fund occupational pensions; original units did not participate in work-related injury insurance, paid by the original organization besides the disability benefits once the work-related injury insurance.

    31st one-time injury medical benefit, and a one-off disability employment subsidy standard by the State human resources and social security administrative departments and autonomous regions according to the actual situation of the financial sector adjustment programme in due course, autonomous region people's Government for approval before implementation.

    32nd employee who died in, dependent relatives a total pension eligibility approved by the workers ' conditions on the death.

    Workers support relatives in fatal has been enjoying the urban workers ' basic old-age insurance, the new type of rural social old-age insurance in cities and towns social old-age insurance and other social security benefits, but the treatment of lower standards than a dependent relative pension, from the work injury insurance fund to make up the difference; uninsured and employers make up the difference.

    Article 33rd regular recipients of disability allowance, life care of injured workers or relatives for dependent relatives of pensions for public employees of death and survival certificate should be provided annually to the local agency.

    34th employer bankruptcy according to law have participated in work-related injury insurance, must be paid to the following industrial injury insurance fees:

    (A) one notch to four injured workers ' basic medical insurance premiums shall be paid;

    (B) grade five or grade six disabled workers shall be entitled to the disability benefits;

    (C) seven to ten injured workers ' disposable disabled employment subsidy.

    Do not participate in work-related injury insurance, must be paid to the following industrial injury insurance fees:

    (A) death dependent relatives of employees should enjoy the benefits for the public;

    (B) one notch to four injured workers ' enjoyment of disability allowance, life care, the old injury medical expenses, to configure assistive devices and basic medical insurance premiums shall be paid;

    (C) five, six handicapped workers should be entitled to disability benefits, basic medical insurance, basic old-age insurance, configure a secondary appliance fee, one-time injury medical benefit;

    (D) seven-to ten-level workers with disabilities should enjoy a one-time injury medical benefit and one-time disability employment grant.

    Meet the work injury insurance fund to pay the treatment of work-related injury insurance, continuing paid by the Agency.

    The sixth chapter legal liability

    35th employer deductions injured worker or dependent relative treatment of work-related injury insurance, the human resources and social security administrative departments a rectification; fails to mend, a fine of between 3,000 yuan and 30,000 yuan, and notify the Agency directly to injured workers.

    Work injury insurance benefits paid from the work injury insurance fund, agencies shall be entitled to recourse against the employer.

    Article 36th other acts in violation of these rules, shall bear legal liability, in accordance with the provisions of relevant laws and regulations.

    The seventh chapter by-laws 37th article of the rules take effect on March 1, 2013. Xinjiang Uyghur autonomous region people's Government promulgated on February 24, 2004, the measures for the implementation of regulations on industrial injury insurance (Government Decree, 115th) repealed simultaneously.