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

Original Language Title: 甘肃省实施《工伤保险条例》办法

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Methodology for the implementation of the Labour Injury Insurance Regulations in Gangang Province

(Adopted by Decree No. 88 of 28 February 2012 of the People's Government of Gangong Province on 1 April 2012)

Article 1 establishes this approach in the light of the State Department's Regulations on Work injury Insurance (hereinafter referred to as the Regulations).

Article 2

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

Article 3. The Government's Social Insurance Administration is responsible for work injury insurance throughout the province.

The Government's Social Insurance Administration is responsible for work injury insurance in the current administration.

The Social Insurance Administration established the Social Insurance Agency (hereinafter referred to as the consulate) to perform specific work injury insurance.

Article IV provides for provincial integration.

Article 5

In provincial social insurance agencies participate in the basic health insurance units of the urban workers, their work injury insurance is managed by the Provincial Social Insurance Administration, and the operation is carried out by provincial social insurance agencies.

In the cross-regional context, the production of a larger sector of mobility, its work injury insurance is managed by the Provincial Social Insurance Administration, and the operation is carried out by provincial social insurance agencies. The provincial Social Insurance Agency may also commission the operation of the Agency.

Article 6. The owner's registry is not integrated with the productive area and participates in the workplace injury insurance in the same area; it is not registered to participate in the work injury insurance and shall participate in the work injury insurance in the production area.

The employees of the user units participating in the work injury insurance are subject to a real ownership.

Article 7. The State's Social Insurance Administration may entrust the District Social Insurance Administration with the approval of employment injury claims, the conduct of work injury surveys and the letter of notification of the finding of the worker injury.

The Urban State Labour Capacity Identification Commission may entrust the District Social Insurance Administration with the approval of labour capacity applications and the letter of understanding of labour capacity.

Article 8. In exceptional cases, a written request was submitted by a person's unit and, with the consent of the social security administration, the time limit for application could be extended to a maximum of 90 days.

Article 9. The user unit does not make the application for the determination of work injury as provided for in article 8 of this scheme, the worker or his close relatives, the trade union organization may submit a claim for employment injury directly to the social security administration at the location of the agent's unit within one year of the date of the accident injury or the date of the diagnosis and identification of occupational illness.

The Social Insurance Administration is inadmissible by workers or their close relatives, trade union organizations, which have made applications for industrial injury determination beyond the prescribed time frame.

Article 10. Staff members who apply for work injury are disputed with the user's unit with respect to labour relations, and the social security administration should be based on the effective award of labour disputes or court decisions, decisions.

Article 11. Employees who participate in the injury insurance are injured by accident or are diagnosed, identified as occupational diseases, and perform work injury determinations and labour capacity identification in the workplace.

Employees who do not pay their work injury under the law are injured by accidents or are diagnosed, identified as occupational diseases, and perform work injury determinations and labour capacity identification in the production area.

Article 12

In consultation with the State in which work injury is found to be contested, it does not apply for the designation of jurisdiction, with a unit of a person, a worker or his close relatives, trade union organizations may apply to the provincial social security administration for designation.

The provincial Social Insurance Administration has appointed jurisdiction and the State Social Insurance Administration should be governed.

The user units participating in the injury insurance, such as their labour capacity, are charged by the work injury insurance fund; the user units that do not pay work injury insurance under the law are charged by the user's unit.

The application for labour capacity was once again identified and the findings were not changed and the costs were borne by the applicant.

Article 14. After the conclusion of the Labour Capacity Identification Commission, a worker or his close relatives, the user unit or the social insurance agency considered changes in the disability situation, may apply to the Commission for a review of the labour capacity for the conclusion of the initial labour capacity.

Article 15. Employees' hospitalization benefits (including local transportation costs) are calculated on average monthly salary for all employees in the previous year, at 2 per cent per day in the province and 3 per cent per day outside the province and from the work injury insurance fund.

According to medical agencies, the Social Insurance Agency agreed that workers and wounded workers were treated outside the city State and that their transportation costs were paid from the work injury insurance fund; accommodation costs for non-patient periods were calculated at 5 per cent per day in the province, 8 per cent per day outside the province and 8 per cent from the work injury insurance fund. Accompanies for non-commercial periods are executed in accordance with the standard of payment for food aid for workers who are inpatiently treated.

Workers who work injury is outside the city's state of medical treatment and are not accommodated during hospitalization, up to three days in the province, up to five days in the province.

Article 16 re-injured workers and enjoyed a one-time disability grant in accordance with the new disability hierarchy. In accordance with the provisions, disability benefits should be treated according to the newly identified disability rate.

Article 17 Staff members are identified as five- and six-tier disability, with their own initiative to remove or terminate their labour relations with the user's unit, and shall pay a one-time employment benefit from the work injury insurance fund to cover a one-time employment benefit by the agent's unit. A one-time work injury medical benefits are: 18 months for five-tier disability, 16 months for six-tier disability; one-time disability employment benefits are: 18 months for five-tier disability and 16-month disability.

Article 18 Staff members are identified as maiming at seven to ten levels, termination of the employment, employment contract or termination of the labour and employment contract by themselves, which shall be based on termination or dismissal of the labour, employment of the pre-employment contract, payment of a one-time injury medical grant by the work injury insurance fund and payment of a lump-sum employment grant by the user unit. A one-time work injury medical benefits are: 13 months at seven levels of disability, 11 months at eight disability, 9 months in disability and 7 months at ten levels; and one-time disability employment benefits are: A total of 13 months of disability at seven levels, 11 months of disability, 9 months of disability and 7 months at ten levels.

The Social Insurance Administration of the province, in conjunction with the provincial financial sector, adjusts workers' disability benefits, life care and work-life workers to the pension of their families, in accordance with the average wage changes for all-provincial workers.

Article 20 of the provincial Social Insurance Administration, in conjunction with the provincial financial sector, the provincial health sector and the provincial security productive management, sets specific criteria for the classification of industrial benchmarking rates based on the national regulations and the use of work injury insurance, the incidence of work injury, the level of occupational diseases and the development of specific methods for buoyage.

The State Social Insurance Agency of the city determines the rate of work injury insurance for the agent's unit in accordance with the corresponding benchmarking rate in the respective industries.

Article 21, in violation of the relevant provisions of the Occupational Diseases Prevention and Control Act, the employee has been diagnosed, identified as occupational illnesses and, within one year of the date of diagnosis, identification, the worker or its close relatives, trade union organizations may apply for injury to the social security administration at the location of the former agent's unit; the worker has been identified as a worker and injured by the former agent.

Article 22 Persons who have reached retirement age or receive basic old-age insurance treatment under the law are employed by an agent's unit for accident injury or diagnosis, identification of occupational illnesses, whose work is determined to apply for social insurance administration.

Article 23 of this approach is implemented effective 1 April 2012.