Implementation Measures For The Work-Related Injury Insurance In Shanghai

Original Language Title: 上海市工伤保险实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384563.shtml

Implementation measures for the work-related injury insurance in Shanghai

    (November 21, 2012 the 156th meeting of Shanghai Municipal review on November 27, 2012, Shanghai Municipal People's Government promulgated as of January 1, 2013, 93rd) Chapter I General provisions

    The first (based on)

    According to the People's Republic of China Law on social insurance and the work-related injury insurance regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    This approach applies within the administrative area of the city enterprises, public institutions, State organs, social groups, non-profit enterprises, foundations, law firms, accounting firms and other organizations and individual businesses have workers (hereinafter "the employer") and their employees.

    Article III (collection management)

    Collection of industrial injury insurance premium, in accordance with the People's Republic of China Law on social insurance and the relevant provisions of the interim regulations on the collection and payment of social insurance.

    Fourth (publicity and treatment)

    An employing unit shall participate in work-related injury insurance about publicity in this unit.

    Employees when injuries occur, the employer shall take measures to enable timely treatment of injured personnel.

    Fifth (Administrative Department)

    Municipal human resources and Social Security Bureau in the city of work injury insurance administrative departments, is responsible for the unified management of workers compensation insurance.

    District and County human resources and Social Security Bureau is responsible for the specific management of work-related injury insurance work within their respective administrative areas. Municipal social insurance fund management Center (hereinafter "social insurance agency") in charge of work-related injury insurance.

    Municipal medical insurance service management center and district or County Centre for health insurance (hereinafter "insurance agency") within the areas of responsibility, coordinate with work-related injury insurance.

    Sixth (supervision)

    City departments such as human resources and Social Security Bureau of workers compensation insurance policies, standards, and should seek the views of representatives of trade union organizations and employers.

    Trade unions shall safeguard the legitimate rights and interests of the injured personnel, supervision work on the employer's workers ' compensation insurance.

    Chapter II the work injury insurance fund

    Seventh (Fund source and reserve)

    The work injury insurance fund paid by employers of industrial injury insurance, industrial injury insurance fund's interest and other funds covered by work injury insurance fund according to law. Work injury insurance fund according to the relevant regulations of the State have a certain proportion of reserves for the city's major accident work injury insurance benefits paid reserves not enough to pay for, the municipal finance advance.

    Proportion of reserves and use, in accordance with the relevant provisions of this municipality.

    Eighth (payment principle) The employer shall pay industrial injury insurance.

    Individuals do not pay a fee for work-related injury insurance of employees.

    Work injury insurance fund according to the principle of fixed income, balance, determine rates.

    Nineth (base)

    Employers pay industrial injury insurance premium basis, in accordance with the base unit to pay urban basic old-age insurance premium determined.

    Tenth (rates)

    Employers pay a fee for work-related injury insurance implemented basic rate, basic rate unified contribution base 0.5%.

    Industrial accident employer, on the basis of the basic rate, in accordance with the provisions of the floating rate. Floating rates under employer workers ' compensation insurance costs and accidents rate determined. Floating rates are divided into five files, each file ranges from base 0.5%, float upwards after the highest rate (base rate and floating rate) does not exceed 3% of the contribution base, by floating down the lowest rates does not lower than the base rate.

    Floating rates approved on an annual basis.

    Specific measures of occupational injury insurance rate floating by the municipal human resources and Social Security Bureau together with the municipal financial, health, work safety supervision and management departments, and submitted to the municipal people's Government for approval before implementation.

    11th (payment)

    The work injury insurance fund for the work-related injury insurance benefits as provided herein, work identification, awareness of injury prevention, training and other costs, as well as the laws and regulations for the payment of other expenses of the workers ' compensation insurance.

    Costs of extraction, use and management of injury prevention, in accordance with the relevant provisions of the State.

    12th (management and supervision of the Fund)

    Implement the city's overall plan of work injury insurance fund, deposited in the municipal accounts of the Social Security Fund, earmarked, without authorization, no unit or individual is allowed to use.

    Municipal human resources and Social Security Bureau in accordance with the work-related injury insurance premium collection and work injury insurance fund to pay for supervision and inspection.

    Municipal financial and auditing departments shall work injury insurance fund revenue and expenditure monitoring and management.

    13th (Agency requirements)

    Social security agencies, health care agencies to carry out industrial injury insurance requirements, approved by the Finance Department in accordance with the provisions, under budgetary management.

    Chapter III industrial injuries cognizance

    14th (finds injuries range)

    Practitioners of any of the following circumstances shall be recognized as work-related injuries:

    (A) during working hours and within the workplace, for work reasons, injured by accident;

    (B) before and after working hours in the workplace, engaged in work-related preparatory or finishing work injured by accident;

    (C) during working hours and within the workplace, arising from the performance of duties by the violence, unintentional injury;

    (D) an occupational disease;

    (E) for work-out during the unaccounted for due to work injury or accident;

    (F) the way to or from work, are not my primary responsibility of traffic accident or urban rail transit, passenger ferries, train accident injury;

    (G) the provisions of laws and administrative regulations shall be considered as work-related injuries in other circumstances.

    15th (depending on the injuries range)

    Practitioners have one of the following, depending on injuries:

    (A) working hours and jobs, sudden illness or died within 48 hours of death;

    (B) in emergency rescue and disaster relief, and other maintenance activities harmed national interests, public interests;

    (C) workers formerly served in the army, disabled by war, wounded, disabled revolutionary military credentials have been made, to the employer after the old injury.

    Employees first and second case of the preceding paragraph, in accordance with the relevant provisions of the measures of work-related injury insurance benefits employee have a third case of the preceding paragraph, in accordance with the relevant provisions of the measures enjoy work injury insurance benefits except for one-time disability benefits.

    16th (work-related injury excluded)

    Employees in accordance with the provisions of article 14th, 15th, but any of the following circumstances, it shall not be regarded as or treated as employees injured:

    (A) an intentional crime;

    (B) drunk or taking drugs;

    (C) self-harm or suicide.

    17th (finds that the application) 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 the location of the employer apply in work injury certification, the County's human resources and Social Security Bureau.

    In special circumstances, with the approval of district or County human resources and Social Security Bureau agrees, applicants may be appropriately extended.

    The employer fails to apply for work injury certification in accordance with the provisions of the preceding paragraph, or its close relative, the Trade Union of employees of tissue injury in the accident or diagnosis and appraisal of occupational disease within 1 year from the date of, directly to the location of the employer apply in work injury certification, the County's human resources and Social Security Bureau.

    Employer fails within the time limit specified in the first paragraph of this article work-related injury certification application, occurred during this period in accordance with the provisions relating to the treatment of work-related injuries such as costs, borne by the employer.

    18th (work-related injury certification application materials)

    Submit a work-related injury certification application, the following documents shall be submitted:

    (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).

    Work-related injury certification application form shall include the accident time, place, cause damage as well as practitioners and other basic information. Work-related injury certification the applicant within the time limit stipulated in this way made ascertainment of materials provided by the application is not complete, districts and counties shall receive work-related injury certification of human resources and Social Security Council within 10 working days from the date of the application, a one-time written work-related injury certification all applicants need to supplement materials.

    Work-related injury certification the applicant shall, within the 30th, correction materials as and when required, overdue correction but did not exceed the statutory application period, you can submit a work-related injury certification application.

    19th (accepted) Industrial injuries cognizance applicants applications for work-related injury certification in accordance with law, and provide application materials are complete, the district or County human resources and Social Security Bureau shall from the date of receipt of a work-related injury certification request acceptance notice issued within 10 working days.

    Not admissible, district or County human resources and Social Security Bureau was inadmissible, and inform the work injury certification the applicant in writing.

    20th (investigation and burden of proof) Districts and counties after accepting an application for work-related injury certification in human resources and Social Security Council, according to 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. Occupational-disease diagnosis and identification of the dispute, in accordance with the relevant provisions of the law of prevention and control of occupational diseases.

    Legally obtained the occupational disease certificate or certificate of diagnosis of occupational disease, district or County human resources and Social Security Bureau not to conduct investigation and verification.

    Employers, employees or their close relatives based on identified work-related injury or, depending on the different situations with the injury, submitted to relevant administrative organs or the relevant documents issued by the judiciary or legal instruments.

    Practitioner or his or her close relative thought to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof.

    21st (identification program)
Districts and counties shall accept an application for work-related injury certification of human resources and Social Security Council within 60 days from the date of work-related injury certification decision, and made the work-related injury certification decision within 10 working days of the date send the work injury certification decision to apply for a work-related injury certification of the employees or their close relatives in China and the unit.

    Work-related injury certification decisions need to be judicial authorities, or based on the conclusions of the relevant administrative departments, the judiciary or administrative authorities have not yet concluded during the time suspended the work injury certification decision made, reasons for terminating the work injury certification time frame is eliminated, should be restored in a timely manner.

    Ascertainment period to suspend, resume, and district and County human resources and Social Security Bureau shall inform the parties concerned.

    District or County human resources and Social Security Bureau staff with work-related injury certification the applicant has an interest should be avoided.

    22nd (work-related injury certification decided to set forth the matters)

    Work-related injury certification decision shall set forth the following:

    (A) the employer and workers ' compensation the basic situation;

    (B) the diagnosis and treatment of injuries, accidents and time or occupational diseases, injuries and verify the situation, as well as medical treatment and diagnosis;

    (C) deemed work-related injuries, with work-related injuries or identified as not belonging to the work-related injury, not deemed work-related injuries based on the

    (D) found that conclusion;

    (E) the period may apply for administrative reconsideration or bring an administrative suit;

    (Vi) determination decisions.

    Work-related injury certification decision shall be affixed to district and County work injury certification seal for the exclusive use of human resources and Social Security Council.

    23rd (obligation)

    District or County human resources and Social Security Bureau to apply for a work-related injury certification of employees or their close relatives in China, and the unit served on the work-related injury certification decision, shall notify the work identification of application procedures.

    The fourth chapter of work competency expertise

    24th (work competency expertise)

    Employee work-related injuries treated injuries after a relatively stable disabilities, affecting the ability to work, should labour dysfunction and self-care disability work competency expertise.

    Labour disorders are divided into ten grade, self-care barrier is divided into three levels.

    Labour standards, in accordance with the relevant provisions of the State.

    25th (accreditation body) Work competency expertise on the municipal, district and County Commission (hereinafter "Commission") by human resources and social security, health and other departments at the same level as well as trade union representatives, social security agencies and employers representatives.

    City, district and County identification Committee Office in the Bureau of human resources and social security at the same level, is responsible for the identification of the daily work of the Committee.

    City of work competency expertise Center commissioned by the Municipal Commission of identification, is responsible for the occupational personnel work competency expertise and industrial staff once again identified specific services.

    District and County appraisal committee responsible for the administration of industrial personnel in work competency expertise.

    Appraisal Committee in accordance with established medical and health experts, work identification.

    26th (work competency expertise on application materials) Work identification of injured personnel, by the employer, workers ' compensation officer or his or her close relatives apply to district and County Expert Committee.

    Work identification of occupational personnel, make an application to the Identification Commission.

    Of work competency expertise on applications submitted, shall submit the following materials:

    (A) the completed application form for work competency expertise;

    (B) work-related injury certification decision;

    (C) the designated medical institutions relevant information on diagnosis and treatment of work-related injuries.

    27th (procedure) Identification of work competency expertise on applications received after the Committee, should be established from its database of health randomly select 3 or 5 relevant experts group, and expert opinion from the Group of experts if necessary, may appoint a qualified medical institutions assist the diagnosis. Identification according to the expert opinion of the expert group of the Committee, upon receipt of work competency expertise on applications for industrial personnel to work within 60 days from the date of conclusion. If necessary, work identification of the time limit can be extended to 30th.  

    Appraisal Committee shall be from the date of conclusion of work competency expertise within 15th to apply for work and identification of the employer, workers ' compensation staff or its close relative to the work expertise, and shall inform the treatment of work-related injury insurance formalities, provide work injury insurance benefits application form.

    Members of the Identification Commission or participate in the identification of experts and parties interested should be avoided.

    28th (retesting)

    Applications work identification of the employer, workers ' compensation officer or his or her close relatives the work refuses to accept the conclusions of, you can receive the conclusion date of retesting an application made to the Identification Commission in the 15th.

    City Evaluation Committee for occupational disease appraisal of the officers to once again, shall be experts, and retesting.

    Conclusion once again as the final conclusions of the Identification Commission.

    29th (review appraisal)

    Labor 1 year after the date of conclusion, injured personnel or his or her close relatives, employers or social security agencies believe that changes in disability, can apply for work review and identification.

    30th (retesting and review appraisal term)

    Identification and appraisal Committee again reviewed the identification of terms in accordance with the provisions of article 27th.

    31st (appraisal fees)

    Injury of initial work competency expertise on staff costs paid from the work injury insurance fund.

    Employing units, and injury personnel or its near relatives proposed again identification or review identification application of, again identification conclusion maintained original identification conclusion, or review identification conclusion No changes of, identification costs by proposed again identification or review identification application of employing units, and injury personnel or its near relatives bear; again identification conclusion or review identification conclusion has changes, and according to national provides need regularly review identification of, identification costs by injury insurance fund bear.

    The fifth chapter work injury insurance benefits

    32nd (principles of medical treatment)

    Practitioners treat accidents due to work injury or occupational disease, work-related injury medical treatment. Personnel for the treatment of employees injured in this city should be designated medical institutions or designated medical institutions for treatment of occupational diseases. When the urgency of the situation, you can go to the nearest medical institution first aid, injury has stabilized and should be promptly transferred to the designated medical institutions.

    Absolutely necessary to transfer to other provinces and cities in the treatment, proof issued by the designated medical institutions in the city, the newspaper Agency agreed.

    Rehabilitation of staff for employees injured, you should select, health care agencies, and occupational rehabilitation agencies have signed service agreement.

    33rd (injury medical and rehabilitation expenses paid)

    Treatment of work-related injury required medical treatment in line with the national, diagnosis and treatment of work-related injury insurance, and this project directory, work injury insurance, medical, work injury insurance, hospital services standard, paid from the work injury insurance fund.

    Diagnosis and treatment of the city's workers ' compensation insurance project directory, work injury insurance, medical, work injury insurance, hospital services standard, according to the municipality on basic medical insurance diagnosis and treatment project scope, range and scope of medical services, provides for the implementation of medication.

    Injury to the injured persons with injury recovery of costs of rehabilitation institutions, in line with national and municipal occupational rehabilitation services projects, work injury rehabilitation clinic rules, paid from the work injury insurance fund.

    District, County human resources and Social Security Bureau as a work-related injury occurred after the decision of administrative reconsideration and administrative litigation, administrative reviews and administrative proceedings do not stop to pay the medical expenses of injured personnel for the treatment of work-related injuries.

    Industrial personnel for the treatment of non-injury-related diseases, medical expenses not included in the required scope of work injury insurance fund payment.

    34th (injury medical and rehabilitation costs of settlement)

    Industrial personnel occupational health and rehabilitation costs, municipal or district or county health care agency audits, by the social security agency with designated medical institutions in the city or work-related injury rehabilitation institutions settlement.

    Industrial personnel in non-designated medical institutions for first aid or in accordance with this regulation to other provinces and cities in the treatment of work-related medical costs, which after the advance payment, in accordance with the provisions applying to the social security agency reimbursement, municipal or district or county health care agency after examination from the work injury insurance fund.

    35th (hospital food allowances, accommodation charges)

    Persons hospitalized employees injured, from the work injury insurance fund according to the prescribed standards, payment of hospital food subsidy certificate issued by the designated medical institution in this city, the newspaper Agency agreed, to other provinces for treatment of injured personnel, from the work injury insurance fund according to the prescribed standards, pay room and Board, travel expenses in accordance with the approved costs of transport by the social security agencies accountable.

    Hospital food allowances, accommodation standard to determine and adjust the approach, drawn up by the municipal Bureau of human resources and social security, submitted to the municipal people's Government for approval before implementation.

    Article 36th (AIDS for configuration)

    Injury personnel for daily or employment need, by identification Committee confirmed, should select to and social security handling institutions signed service agreement of auxiliary apparatus configuration institutions installation prosthetic, and orthopaedic device, and fake eye, and dentures and configuration wheelchair, auxiliary apparatus, by needed costs meet national and this city auxiliary apparatus installation configuration project and standard of, from injury insurance fund paid, and by social security handling institutions and auxiliary apparatus configuration institutions settlement.

    37th (shutdown leaves salaries during treatment)

    Employees accident due to work injury or occupational disease need to suspend the work receiving treatment for injuries, during the shutdown leaves pay period, the original wage benefits unchanged, by the units of the monthly payment. Shutdown leaves pay period less than 12 months, specific terms according to the diagnosis of the injury situation issued by the designated medical institutions identified. Serious injury or exceptional circumstances, confirmed by the Evaluation Committee, may be appropriately extended, but not more than 12 months. Injured officer after grade, suspension of primary treatment, in accordance with the relevant provisions of the measures enjoy the treatment.

    Shutdown leaves injured personnel salaries still needed treatment after the expiry, continue to work-related injury medical treatment.

    Unable to take care of injured personnel at shutdown leaves require paid care, by the units responsible.

    38th (life care treatment)
Injuries already assess personnel levels and identification Committee recognized the need for care, paid from the work injury insurance fund according to a monthly care fee.

    Life care costs according to subsistence cannot take care of themselves, most of life alone or part pay alone for 3 different levels of life, the standard monthly wage of staff and workers in the city for the last year, respectively 50%, 40% or 30%.

    39th (one to four levels of disability treatment)

    Industrial personnel for work was identified as grade I to grade of disability disability, labor relations, quit the job, enjoy the following benefits: (A) the lump sum disability benefits from the work injury insurance fund.

    Level of disability, 27 months for staff wages in which secondary disabilities, for 25 months and three levels of disability, for 23 months and four disabled for 21 months. (B) paid from the work injury insurance fund according to a monthly disability benefits.

    Level of disability, wages for industrial personnel 90% secondary disabilities, 85%; three levels of disability, 80%; four disabled for 75%. (C) injury reached the statutory retirement age after receiving a monthly pension formalities and, suspension of disability allowance, access to basic old-age insurance benefits. Basic old-age insurance benefits under the disability allowance, from the work injury insurance fund to make up the difference.

    Injuries reached the statutory retirement age does not meet the conditions for receiving a monthly pension, from the work injury insurance fund continued to pay disability benefits. (D) participation, basic medical insurance, the employer and injured personnel to the disability allowance for the base monthly payment of basic medical insurance premiums, access to basic medical insurance treatment. Injuries reached the statutory retirement age, continue to receive basic medical insurance treatment.

    Industrial personnel reached the statutory retirement age, but continue to receive basic medical insurance treatment conditions are not met, employer and workers ' compensation disability benefits as a base and one-time payment of basic medical insurance premiums in accordance with basic medical insurance to meet the conditions, continue to receive basic medical insurance treatment.

    40th (disabling five to six treatment)

    Industrial personnel for work disability were identified as five levels, six levels of disability, and enjoy the following benefits: (A) the lump sum disability benefits from the work injury insurance fund.

    Five-category handicapped, for 18 months ' staff wages; six levels of disability, for 16 months. (B) retention and employer labor relations, appropriate work by the employer. It is difficult to work, issued by the employer on a monthly disability allowance. Five-category handicapped, wages for industrial personnel 70%; six levels of disability, is 60%. And paid by the employer and workers ' compensation continued according to the established social insurance fees.

    Disability benefits actual amount is less than the minimum monthly wage of staff and workers in the city, by the employers make up the difference. By injured personnel I have proposed, the injured personnel and employers can discharge or termination of labor relations, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    Five-category handicapped, are 18 months of last year the city's average monthly wage of employees; six levels of disability, was 15 months.

    By injured personnel to my employer terminates the labor relations and labor relations of less than 5 years from the legal retirement age, duration of less than 1 per cent year, one-time injury medical benefit, and a one-off disability employment grant decreasing 20%, belonging to the People's Republic of China except in the cases provided for in article 38th of the labor contract law.

    Injury retirements or deaths of termination of labor relations, does not enjoy the treatment prescribed by the second paragraph of this article.

    41st (seven to ten levels of disability treatment)

    Industrial personnel for work disability is identified as a seven-to ten-level disability, enjoy the following benefits: (A) the lump sum disability benefits from the work injury insurance fund.

    Seven levels of disability, for 13 months ' staff wages; eight disabled, for 11 months and nine levels of disability, for 9 months and ten disability, for 7 months. (Ii) expiration of labor contract termination, or injured personnel I propose termination of labor contract, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    Seven levels of disability, respectively for the 12 months of last year the city's average monthly wage of employees; eight disabled, respectively 9 months; nine levels of disability, namely 6 months; ten disability and 3 months respectively.

    By injured personnel to my employer terminates the labor relations and labor relations of less than 5 years from the legal retirement age, duration of less than 1 per cent year, one-time injury medical benefit, and a one-off disability employment grant decreasing 20%, belonging to the People's Republic of China except in the cases provided for in article 38th of the labor contract law.

    Injury retirements or deaths of termination of labor relations, do not enjoy the treatment of the second rule in the first paragraph of this article.

    42nd (recurrence of injury)

    Injured employees injury, confirmed by the Identification Commission in need of treatment, enjoy this article 32nd, 33rd, 35th, 38th to work injury insurance benefits provided for in article.

    Injured workers and employers the rescission or termination of labor relations, and in accordance with the provisions of this approach enjoy a one-time injury medical benefit and one-time disabled employment subsidy, no longer qualify for this article 32nd, 33rd and 35th to 38th article treatment.

    43rd (who died in treatment)

    Practitioners who died, and their close relatives from the work injury insurance fund according to the following provisions received funeral benefit Gold, dependent relatives and one-time death benefits:

    (A) funeral grant for practitioners who died in 6 months last year when the city's average monthly wage of employees. (B) dependent relatives of pensions according to the percentage of employees living wages to his death provided the main source of relatives, without the ability to work. Among them, the spouse 40% a month, other relatives per month 30%; widowed or orphaned per month on the basis of the above standard 10%.

    Approved pensions for dependent relatives and should not be higher than death living wages for workers.

    (C) the one-time death benefit standards for employees who died in the previous year when 20 times times the national per capita disposable income of urban residents.

    Industrial personnel during the shutdown leaves pay period due to work-related injury resulting in death, and his close relatives enjoy the treatment provided for in the first paragraph of this article.

    Disability levels to four levels of work-related injuries in the shutdown leaves paid after the expiration of the death of, their close relatives can enjoy this article first, the treatment of the second rule.

    Specific scope for dependent relatives, in accordance with the relevant provisions of the State.

    44th (adjustment in salaries) Pensions, disability allowances, dependent relatives living standards by the municipal human resources and Social Security Bureau under the city's average wage of staff and changes in the cost of living adjustment.

    Adjustment mechanism prepared by the municipal Bureau of human resources and social security, submitted to the municipal people's Government for approval before implementation.

    45th (relations with other compensation) Due to causes injury to a third person by a third person to pay employees ' health care costs. Third party does not pay employees ' health care costs or of a third person cannot be determined and paid from the work injury insurance fund.

    The work injury insurance fund after the advance payment, social insurance agency is entitled to recourse to a third person pursuant to the provisions.

    The employer or lay-off of workers compensation insurance fund to pay salary wage benefits, a one-time disability benefits, one-time death benefit and other work-related injury insurance benefits cost of injured persons or their close relatives in obtaining third party compensation, shall be repaid.

    46th (arising out of an accident or treatment of persons unaccounted for in the disaster relief) Practitioners for work-out during an accident or unaccounted for in the disaster relief, pay wages within 3 months from the month of the accident, starting from the 4th month suspension of wages, from the work injury insurance fund according to the first paragraph of this article 43rd standards provided for in the second, monthly payments to dependent relatives dependent relative pension. Life has difficulties, advances may be made of the one-time death benefit 50%.

    Practitioners were declared dead by court, according to article 43rd these measures.

    47th (treatment stop)

    Injured personnel have one of the following, stop the work-related injury insurance benefits:

    (A) loss of right to treatment conditions;

    (B) refuses to accept work competency expertise;

    (C) to refuse treatment.

    48th (insurance liability)

    Employer separation, merger or transfer, successors shall bear the original employer the employment injury insurance.

    Contracted operation of the employer, employment injury insurance borne by employee labor relations unit.

    Period of secondment of employees hurt by accidents, work-related injury insurance liability of the original employer, but only if the employer and the second unit may agree to remedies. Employees of labor dispatch by accident during injury, or employment injury insurance by labor and employment unit, specific measures formulated by the municipal Bureau of human resources and social security.

    Floating rate of industrial injury insurance responsibility borne by the employer.

    Bankruptcy, bankruptcy liquidation in accordance with the allocation of work injury insurance benefits shall be paid by the unit cost.

    49th (outside compensation)

    Employees were sent to leave work, according to the laws of the country or region should be attending work-related injury insurance, attending work-related injury insurance, domestic inductrial discontinued; not participating in work-related injury insurance, domestic work-related injury insurance will not suspend, in accordance with the work-related injury insurance benefits as provided herein.

    50th (for access to treatment procedures)

    Due to injuries at work of employees, the employer, workers ' compensation officer or his or her close relatives to the social insurance agency for the work-related injury insurance benefits procedures, and provide the following materials:

    (A) the completed application form for work-related injury insurance benefits;

    (B) payment for work injury medical expenses;

    (C) industrial personnel assume responsibility for work-related injury insurance proof of employer labor relations;

    (D) treatment to enjoy people's identity and its dependent relationship with officers in fatal;

    (V) the evidence of the missing or dead;
(Vi) other related material.

    Social insurance agencies shall, upon receiving the work-related injury insurance benefits from the date of application in the 30th, for injured personnel or his or her close relatives entitled to work injury insurance conditions are audited.

    Qualified, approved its treatment standards and paid in full and on time; does not meet the criteria, shall be notified in writing.

    Special provisions on the sixth chapter

    51st (the provision of part-time employees)

    Hire part-time employees the employer shall comply with the provisions of contribution base and rates, to pay industrial injury insurance.

    Part-time workers after the accident due to work injury or occupational disease, and employer labor relations in accordance with the People's Republic of China labour contract law, and the provisions of the regulations of Shanghai Municipality on labor contract, enjoy the following work-related injury insurance benefits:

    (A) in accordance with these rules of work injury insurance benefits paid from the work injury insurance fund;

    (B) assume responsibility for work-related injury insurance employer reference pay shut down to keep salary treatment as provided herein, and shall not be less than the city's monthly minimum wage of workers;

    (C) levels to four levels of disability, of the work-related injury insurance responsibilities by employers and industrial personnel entitled to disability benefits as a base, a one-time paid medical insurance premiums to injury reached the statutory retirement age, enjoy basic health insurance benefits;

    (D) five to ten levels of disability, of the work-related injury insurance responsibilities by employing units in accordance with the standard lump sum disability employment grant as provided herein.

    52nd (HS personnel injury treatment)

    Employers registered with the employment of personnel, staff wage income excluding employer workers ' compensation insurance contribution base.

    Security personnel sustained injuries, work-related injury insurance benefits in accordance with these measures, the social security agency under the approved employer pursuant to the provisions of a floating rate for the year.

    53rd (informal employment provisions of the labor organization in China)

    Informal employment labor organizations in accordance with the measures provided for base and rates to pay industrial injury insurance fee, in accordance with the provisions in the municipal or district, County human resources and Social Security Bureau for registration of employee injuries, you can enjoy these measures work injury insurance benefits paid from the work injury insurance fund.

    54th (special provisions on non-urban residence of foreign workers) Work disability to four levels of non-municipal domicile outside practitioners, in accordance with the provisions of item standard and payment, work-related injury insurance benefits, you can also choose to lump in the ways to enjoy. Select a single treatment of work-related injury insurance, by injured personnel at the time of first-time claims for benefits submitted to the social insurance agency, and confirmed by agreement.

    Is confirmed, no changes, the cessation of work-related injury insurance, rescission or termination of labor relations with the employer.

    For workers disability a level to four level of non-town household foreign practitioners select by one-time received of way enjoy injury insurance treatment of, its injury recurrence medical and by identification Committee identification can enjoy of one-time disability grant, and disability allowance, and life nursing fee and by confirmed configuration auxiliary apparatus fee,, by injury insurance fund one-time paid, paid standard by city human resources Social Security Council separately developed, reported City Government approved Hou implementation.

    55th (concerned treatment included special provisions) According to this approach provides meter sent of a level to 10 level injury personnel one-time disability grant, below 3896 Yuan multiplied by and disability grade corresponding of following month number of product of, difference part by injury insurance fund be complement: a level disability of, for 24 months; II level disability of, for 22 months; three level disability of, for 20 months; four level disability of, for 18 months; five level disability of, for 16 months; six level disability of, for 14 months; seven level disability of, for 12 months; eight level disability of, for 10 months

    ; Nine levels of disability, for 8 months and ten disability for 6 months.

    In accordance with the approach set forth in a level four to injury in that year's disability allowance and pension officers in fatal dependent relatives, down from municipal Bureau of human resources and social security announced these two work-related injury insurance minimum standards of treatment, according to the lowest standard gauge.

    The seventh chapter legal liability

    56th (liability)

    Acts in violation of these rules, People's Republic of China Law on social insurance, the workers ' compensation insurance Ordinance and other laws and regulations dealing with provisions of its provisions.

    57th (institutional liability)

    Injury rehabilitation, assistive devices configuration of agencies providing services under a service agreement, health care agencies, social security agencies may terminate the service agreement.

    City health insurance agencies, insurance agencies are not settled on time and in full, by the municipal human resources and Social Security Bureau ordered corrective action and injury rehabilitation, assistive devices configured body may terminate the service agreement.

    58th (is not insured or not insured by payment requirements)

    Employers failing to pay industrial injury insurance premiums, in accordance with the People's Republic of China Law on social insurance and the relevant provisions of the interim regulations on the collection and payment of social insurance. Shall participate in the work-related injury insurance and did not participate in or does not pay the employer of workers compensation insurance, do not participate in work-related injury insurance, or does not pay workers ' compensation insurance costs during injuries of employees, by the employer in accordance with the provisions of these measures work-related injury insurance benefits program and fees. The employer does not pay, paid from the work injury insurance fund. Advance fees paid from the work injury insurance fund shall be reimbursed by the employer.

    Employers do not pay, social insurance agency compensation according to law.

    Employers ' participation in work-related injury insurance and pay the payment of workers ' compensation insurance fees, after the late fees, from the work injury insurance fund and the employer pursuant to the regulations to pay new fees.

    59th (disputes)

    Treatment of injured workers and employers workers ' compensation insurance disputes, apply relevant provisions in the labor dispute.

    60th (administrative reconsideration and administrative litigation)

    Units or individuals to municipal or district or County human resources and Social Security Bureau, or the social security agencies, health care agencies, in accordance with the specific administrative act undertaken as provided herein, may apply for administrative reconsideration or bring an administrative suit.

    The eighth chapter by-laws

    61st (definition of wages) Wages in these measures refers to injured personnel accidents due to work injury or occupational disease the first 12 months of the average monthly salary.

    Wages higher than the city's average wage of staff and 300%, calculated according to the average wage of staff and workers in the city 300% I paid less than employees in the city 60% of the average wage, calculated based on the average wage of staff and workers in the city of 60%.

    62nd (special provisions on scope)

    Countries on the management of State bodies and the civil service law and institutions and the social group workers ' compensation insurance separately under, adjusted in accordance with State regulations.

    63rd (commencement and repeal) These measures shall take effect on January 1, 2013. June 27, 2004 Shanghai 29th release, and on December 20, 2010, the Shanghai Municipal People's Government, the 52nd of the Shanghai Municipal People's Government to amend the Shanghai agricultural machinery accident 148 pieces such as the interim provisions on amendment of the decision of the municipal regulations of abolition of the implementation measures for the work-related injury insurance in Shanghai at the same time.