Tibet Autonomous Region, The Implementation Of The Measures Of Work-Related Injury Insurance Ordinance

Original Language Title: 西藏自治区实施《工伤保险条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379347.shtml

Tibet Autonomous Region, the implementation of the measures of work-related injury insurance Ordinance

    (September 12, 2012, the Tibet Autonomous Region people's Government, the 15th Executive meeting to 113th, published since September 13, 2012, the Tibet Autonomous Region people's Government as of November 1, 2012) Chapter I General provisions

    First in order to ensure accidents due to work injury or occupational disease of workers and good Samaritan medical treatment and financial compensation granted to promote injury prevention and occupational rehabilitation, dispersing the employer's work-related injury risk, according to the People's Republic of China Law on social insurance and the workers ' compensation insurance Ordinance (hereinafter referred to as the regulations), combined with State practice, these measures are formulated.

        Second 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 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.

    Autonomous region within the administrative area of the State organs, civil service law and institutions (hereinafter referred to as the employer) shall be in accordance with this regulation to participate in work-related injury insurance, for workers and hired personnel of this unit (hereinafter employees) pay a fee for work-related injury insurance.

    Trade unions shall have the right to work injury insurance benefits.

    III the employer shall establish and improve the responsibility system for safe production and prevention of occupational diseases and take measures to prevent the occurrence of accidents, prevent and reduce occupational hazards.

    Fourth autonomous social security Administrative Department is responsible for the whole area of work injury insurance.

    (Cities) and counties (cities, 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.

    Five levels of finance, audit, health, Commerce, transportation, public safety, housing and urban-rural development, production safety supervision and management, trade unions and other relevant departments within the scope of their respective duties to assist social security administrative departments work injury insurance.

    Chapter II the work injury insurance fund Sixth the work injury insurance fund provincial co-ordination.

    Specific measures shall be formulated by the State social insurance the administrative authorities and the financial sector, autonomous region people's Government for approval before implementation.

 
Accounts of the work injury insurance fund into the Social Security Fund, the two lines of income and expenditure management, and earmarks.

    The seventh work injury insurance fund consists of the following components: (a) the employer to pay industrial injury insurance, (ii) the work injury insurance, late fees, and (iii) the work injury insurance fund in the bank interest and (iv) other funds covered by work injury insurance fund according to law. Article eighth of industrial injury insurance paid by the employer, the individual does not pay. An employing unit shall be the rate determined in accordance with this approach, all workers ' wages last month base pay, monthly pay industrial injury insurance.

    Work injury insurance, no relief.

    Base pay is lower than the region's annual average wage of fully employed staff on 60%, 60% collection; above the 300%, according to the 300% collection. Nineth directly calculated according to the total wages to pay industrial injury insurance in construction, services, mining and other enterprises, in accordance with the relevant provisions of the State, according to the project cost, business size or a percentage of the total production is evaluated individually to pay industrial injury insurance.

    Calculated measures shall be formulated by the social security administration, jointly with relevant departments of the autonomous region, and autonomous region people's Government for approval before implementation.

    Tenth work injury insurance rates are determined according to the national work injury insurance sectors, less risk of the industry, the employer contribution rates for the total wages of staff and workers of 0.5%, do not put a floating rate; medium-risk class II and risk larger industries, initial payment rates of wages for employees of 1% and 2%, rates floating once every two years. Workers ' compensation insurance rates principle of plus or minus two floating. In industry benchmark payment rates of based Shang, upper and lower floating two document: floating first document to this industry benchmark rates of 120%, that II class industry for 1.2%, three class industry for 2.4%; floating second document to this industry benchmark rates of 150%, that II class industry for 1.5%, three class industry for 3%; floating first document to this industry benchmark rates of 80%, that II class industry for 0.8%, three class industry for 1.6%; floating second document to this industry benchmark rates of 50%, that II class industry for 0.5%

    , Three types of industry 1%. 11th autonomous regional work-related injury insurance agency is responsible for organizing wide, the second class, three categories of industry employer workers ' compensation insurance rates of adjustment.

    At the end of every two years, according to class II and class III industry-wide employer workers ' compensation insurance costs, the incidence rate of work-related injuries, such as a comprehensive assessment, adjusted employer workers ' compensation insurance rates and the following year onwards. Employers poor safety conditions, there is a high rate of work-related injuries and occupational diseases, using the work injury insurance fund within two years more than 25% of the total fee, rates rise to the industry benchmark rates of the first tranche and over 50%, rates rise to the industry benchmark rates of the second document.

    Employer safety, occupational injury and illness rate is low, using the unit of work injury insurance, less than two years 25% of the total fee, rates fall to the industry benchmark rates in first gear; without danger of accidents at work and occupational diseases, rates fall to the industry benchmark rates second.

    12th the work injury insurance fund expenditures for the following items:

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

    (B) the hospital food allowances;

    (C) approved the overall traffic accommodation areas for medical treatment;

    (D) install the configuration requirements for disability AIDS;

    (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 ' monthly disability allowance;

    (VII) termination or termination of labor contracts, should enjoy medical benefits;

    (VIII) who died and their survivors receive funeral grant, dependent relatives and fatal benefits;

    (I) the work appraisal fee;

    (J) the promotion of injury prevention, training;

    (11) the laws, regulations and other costs for workers ' compensation insurance. 13th should keep a certain percentage of the work injury insurance fund reserve reserves established centrally by the State agencies, by the work injury insurance fund collection 10% extraction of total that year, deposited in accounts of the work injury insurance fund of the autonomous region.

    Reserves accumulated surplus surpassed the funds when the answer to the total amount due for 50%, can no longer extract. Reserves for major accidents or lack of work injury insurance fund expenditures for the current period of work injury insurance benefits paid. Reserves the use proposed by the Agency and approved by the Social Security Administration Department and Finance Department before use. Insufficient reserves, advances made from the State finances.

    Next year extraction reserves, first for the reimbursement of advances from the State financial money until the settlement advance funding so far.

     
Chapter III industrial injuries cognizance

    14th employers, injured workers, or their close relatives, the Trade Union Organization (hereinafter applicant) shall, in accordance with the regulations stipulated in the 17th of the timelines and requirements, work-related injury certification application to social security administration department.

    Due to traffic accidents, missing, due to a business trip during the accident and subject to other conditions of application not in accordance with the prescribed time limits, agreed by the social security administration, applicants may be appropriately extended, extension of time shall not exceed 3 months. Such disputes should not affect the ascertainment of labour relations, shall, before applying for work injury certification to solve labor disputes.

    The labor dispute was resolved, not included in the work-related injury certification application within the time limit.

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

    (A) work-related injury certification application form and copy of ID card;

    (B) the copy of the business license of the employer or organization code certificate (the injured employee or his or her close relatives, apply to the trade union organization, not provided);

    (C) the labour relation with employers (including labor relations of fact) other supporting documents;

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

     16th belongs to one of the following, in addition to the provisions of article 15th materials, shall also submit the following information:

     (A) arising from the performance of duties by the violence, accidental injury, submitted by the public security organ or the people's Court or the judgement;

     (B) during the work out, due to work injury or accident is unknown, found applicants for a death, submitted to the Court for declaration of death;

     (C) the way to or from work, are not my primary responsibility of traffic accident or urban rail transit, passenger ferries, train accident, submitted traffic accident certificate issued by the public security traffic administrative department or relevant certificates;

     (D) is disabled by war, business workers, demobilized, veterans of the old injury, introduced the disabled revolutionary certificates and work competency expertise on board proof of injury recurrence;

     (E) in emergency rescue and disaster relief in safeguarding national interests, public interest activities, such as injury, submitted to the people's Governments above the county-level civil affairs departments or others in accordance with the provisions of the certificate issued by the relevant administrative departments;

     (F) work time and work of sudden death or died in less than 48 hours, rescue submitted copies of medical records, medical records and death certificates;

    (G) the VFF eligible for treatment of work-related injury insurance, submitted to the people's Governments above the county-level civil affairs departments or others in accordance with the provisions of the certificate issued by the relevant administrative departments. 

    17th social security administration after the work-related injury certification application the applicant shall review materials submitted by the applicant in the 15th, do not complete the application materials, shall inform the applicant in writing a one-time need correction of all materials, corrections all materials, should be made to accept or not to accept the decision. Social Security Administration Department for the facts clearly, clearly the rights and obligations of the work-related injury certification application, shall from the date of accepting an application for work-related injury certification within 15th work injury certification decisions. Requires investigation to verify the facts or providing information, and within 60 days make a work-related injury certification decision. 

    Work-related injury certification decision shall be issued by the recognized injury of decision or the book of not found occupational decisions, and served on the applicant and agency.

    18th Social Security Administration accepts the application for work-related injury certification, ask the employer to submit relevant material is overdue, or the employer is not considered a work-related injury and does not discharge the burden of proof, the social security administration can provide employees or their close relatives with the evidence, make a work-related injury certification decision according to law. 

    On work-related injury certification of the applicant inadmissible decision or on work-related injury certification is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The fourth chapter of work competency expertise All over the State and 19th (City) labour assessment Committee by the Social Security Administration Department at the same level, public health administration departments, trade unions, representatives of agencies and employers representatives.

    Labor capacity identification Committee bear following duties: (a) labor function obstacles degree grade identification (that disability grade identification); (ii) life themselves obstacles degree grade identification; (three) shutdown left paid period and the extended shutdown left paid period confirmed; (four) configuration auxiliary apparatus confirmed; (five) old injury recurrence and the injury rehabilitation period confirmed; (six) disease and injury associated confirmed; (seven) workers died workers dependent relatives lost labor capacity degree identification;

    (VIII) staff non-occupational disability or incapacity due to illness degree identification.

    Labour assessment Committee Office at the social security administration, is responsible for the work and identification of daily work. 

    20th work competency expertise on the Committee from its experiences with medical experts randomly select 3 or 5 composition of the Group of experts, proposed by the Group of experts expert opinion, to disability work competency expertise according to the expert opinion of the Committee and the conclusions of the nursing grade. 

    Health experts should meet the following conditions: (a) with the appropriate health professional and technical qualifications of the position, (ii) master work and identification of relevant knowledge; (c) with good professional ethics.

    Of work competency expertise on staff to parties interested should be avoided.

    21st injured workers pay shutdown leaves expiry or suspension condition is relatively stable during the pay period after the disability, affecting the ability to work, should be determined by the employer and injured workers and their close relatives, to the local (municipal) of work competency expertise work competency expertise on written application to the Commission, and to submit the following documents:

    (A) the application form for work-related disability identification;

    (B) the work-related injury certification of decision;

    (C) application for identification of workers ' ID card copy and photos;

    (D) the medical certificate issued by health organizations, medical records and other relevant information;

    (E) the labour assessment Committee provided additional information.

    22nd work competency expertise on the Committee shall be from the date of receipt of the application materials in the 5th, admissibility of work competency expertise on application made a decision, and notify the applicant in writing.

    Material provided is not complete by the applicant, shall at once inform all applicants need to supplement materials do not notify the inadmissible reason to meet the identification requirements. 23rd the applicant (City) Labour refuses to accept the conclusions of the appraisal Committee, May 15th from the date of receipt of the conclusion to the autonomous regions of work competency expertise within application again to the Committee. 

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

    Ability to work after 1 year from the date of conclusion, injured workers or their immediate family members, the units or agencies considered changes in disability may apply for work review and identification.

    24th to participate in work-related injury insurance work identification of costs of the injured workers, paid from the work injury insurance fund; do not participate in work-related injury insurance or fail to pay industrial injury insurance, paid by the employer. Application identification again, or after you review appraisal, its conclusions unchanged, identification of costs borne by the applicant.

Applications for review from the work injury insurance and identification, appraisal costs paid from the work injury insurance fund.

    The fifth chapter work injury insurance benefits

    25th employee accidents due to work injury or occupational disease need to suspend work for medical treatment, the shutdown leaves original wages and welfare benefits in the same pay period, paid monthly by his employer, the employer shall not discharge or termination of labor relations. Shutdown leaves pay period does not normally exceed 12 months. Severity of workers or, in special circumstances, the local (City) work competency expertise on the Committee confirmed that may be appropriately extended, but shall not exceed 12 months. Identification of employees after grade, in accordance with the Ordinance and enjoy the benefits of disability as provided herein.

    Shutdown leaves salaries still needed treatment after the expiry, continue to work-related injury medical treatment. Shutdown leaves unable to take care of the pay period in need of care, assigned by the employer care.

    Do not send care, by employees or their close relatives consent, the employer may, in accordance with the autonomous region last year's monthly average wage of fully employed staff to pay care fees.

    26th medical expenses in line with workers ' compensation insurance required for treatment of work-related injuries clinic project directory, work injury insurance, medical, work injury insurance, hospital services standard, paid from the work injury insurance fund. 27th employee treatment of work-related injury medical institution shall sign a service agreement, when the urgency of the situation can go to the nearest medical institution for treatment, condition stable or improved and later transferred to designated medical institutions continue to receive medical care.

    Remote medical treatment, the employing unit shall, from the date of injury to workers in the 15th to agency records.

    28th the need for rehabilitative treatment, should be made by injured workers, employers, or medical (rehabilitation) apply to the Agency, confirmed by the labour assessment Committee and approved by the social insurance institution agree that rehabilitation medical institutions have signed service agreement, in conformity with the provisions on medical expenses paid from the work injury insurance fund.

    29th employee hospitalized during a work-related injury or rehabilitation of food subsidies, accommodation costs paid from the work injury insurance fund, specific criteria developed by the Social Security Administration Department of the autonomous region, together with the Ministry of finance, and autonomous region people's Government for approval before implementation.

    30th injured workers because of daily life or employment needs, she shall apply to designated medical institutions comments identified by the work Committee shall review and confirm before installation or maintenance, replacement of prostheses, orthoses, glass eyes, false teeth and configure assistive devices such as wheelchairs, crutches, the costs in accordance with the standards prescribed by the State and the autonomous communities paid from the work injury insurance fund. 31st employee at work was identified as grade I to grade of disability disability, labor relations, quit the job, enjoy the treatment of work-related injuries.

    Injured workers have not yet applied for disability retirement formalities provided for by the State, the employer and injured worker disability allowance for a base, according to the provisions of the basic old-age insurance and basic medical insurance.

    Level four injured workers to meet state-mandated retirement or when the recipients of old-age insurance benefits, retirement formalities can, stop leading disability allowance, access to basic old-age insurance benefits. One to four injured workers, in line with State regulations for work-related disability retirement conditions and pension eligibility criteria provided for the State, you can apply for retirement procedures, stop leading 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.

    In conformity with the provisions of other work-related injury insurance benefits, paid from the work injury insurance fund.

    Employers participating in the work-related injury insurance law bankruptcy liquidation or cancellation of business licenses, shall, in accordance with the region's annual personnel per capita employees injured on costs for the unit one to four injured workers a one-time payment of 10 workers ' compensation insurance costs, pay employees ' treatment by the Agency.

    32nd employee for work-disability identification five to ten levels of disability, expiration or my employer terminates the labor contract or termination of labor relations, and reported to the Agency upon confirmation, the one-time injury medical benefit paid from the work injury insurance fund, and the one-time disabled employment subsidy paid by the employer.

    One-time injury medical benefit criteria: total monthly wage of fully employed staff of the previous year as the base, five levels of 23 months, six levels of 19 months, the seven levels of 14 months, eight levels of 12 months, nine 9 months, ten for 5 months.

    Once disabled employment subsidy criteria: total monthly wage of fully employed staff of the previous year as the base, five levels of 25 months, six levels of 21 months, seven levels of 16 months, eight levels of 13 months, nine to 11 months, and ten levels of 7 months.

    Injured workers receive a one-time grant after a work-related medical benefits and disability employment, industrial injury insurance and termination, the work injury insurance fund no longer pay employees ' treatment. Injured workers and employers upon termination or termination of labor relations, less than 5 years from the legal retirement age, one-time payments in full medical benefits, a one-time disability employment subsidy payments at the 1 per cent decline in 20% standard; 10% less than 1 year at full pay.

    Injured workers for retirement procedures, don't enjoy work injury medical benefits and disability employment grant.

    33rd pension, disability allowance, dependent relatives living standards by the financial Department of the State social insurance administration departments under the local average wage of staff and changes in the cost of living, and so on, timely adjustment programmes, and in consultation with Trade Union and employer representatives, autonomous region people's Government for approval before implementation.

    34th article employing units according to provides participate in injury insurance, and full paid injury insurance fee Hou, from payment of day up its injury workers enjoy injury insurance treatment; employing units interrupted paid injury insurance fee a months above of, interrupted payment during its injury workers should enjoy of injury insurance treatment, by employing units bear; employing units and again payment of, must will interrupted payment during of injury insurance fee and the late fees padded, its injury workers from again payment of times months up began enjoy injury insurance treatment. 35th employer for workers exposed to occupational hazards, termination, termination of labor relations or retired before the procedure, should be to the social security administration, where designated medical institutions for occupational health examination, and check the results to employees.

    Diagnosis and appraisal of occupational disease, industrial injuries cognizance and treatment of work-related injury insurance by Convention.

    Employer fails to receive post-leaving occupational health check before the employee, termination, termination of labor relations, was diagnosed with occupational diseases within three years, borne by the employer the worker's work-related injury insurance benefits.

    36th the employer refused to pay injury in critically ill workers work injury medical expenses, to ensure their safety, timely treatment, injured workers or their close relatives can apply in advance to pay in accordance with State regulations, after the Agency approval, in line with the work injury insurance fund payments in advance, paid from the work injury insurance fund. Work injury medical expenses paid from the work injury insurance fund shall be reimbursed by the employer.

    Employers do not repay, by the social insurance agency shall, in accordance with the provisions of the social insurance fund payments, compensation to the employer.

    Supervision and administration of the sixth chapter

    37th state social insurance administration, jointly with relevant departments under the State industrial accident and occupational characteristics, development of work-related injury insurance medical service management and occupational rehabilitation and management approaches, plan work-related injury insurance medical, rehabilitation and assistive devices configuration institutions.

    38th article levels social insurance handling institutions and made qualification of injury insurance Sentinel medical institutions, and rehabilitation institutions and auxiliary apparatus configuration institutions, in equal consultations of based Shang signed including service object, and range, and quality, and term and the lifted agreement conditions, and costs audit settlement approach, content of service agreement, clear both of responsibility, and right and obligations, and timely to social announced injury insurance medical institutions, and rehabilitation institutions and auxiliary apparatus configuration institutions of list.

    39th social security Administrative Department of industrial injury insurance premium collection and supervise the implementation of the work injury insurance fund paid.

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

    40th the people's Governments above the county level shall work safety supervision and management departments in accordance with the employer safety and precautionary work supervision and inspection, and put forward rectification opinions and recommendations in a timely manner.

    Trade unions shall safeguard the legal rights of injured workers and supervision work of the employer's workers ' compensation insurance.

    41st the employer shall regularly public entities ' participation in work-related injury insurance and pay industrial injury insurance premiums and accepts supervision of employees. 42nd article of any organization and individual are entitled to work injury insurance violations were reported.

    Report to the social security administration should promptly investigate and, in accordance with the provisions of, and the informer confidential.

    Article 43rd acts in violation of these rules, in accordance with the relevant provisions of the Social Security Act and the regulations will be punished.

    The seventh chapter by-laws 44th in these measures come into force November 1, 2012. November 19, 2004, promulgated by the people's Government of the Tibet Autonomous Region, Tibet Autonomous Region, the implementation of measures at the same time repealed. From January 1, 2011 before the implementation of these measures relates to the treatment of work-related injuries in accordance with the Ordinance and these rules shall apply.