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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369058.shtml

In Gansu province, the implementation of the measures of work-related injury insurance Ordinance

    (February 24, 2012, Gansu province, the people's Government of the 102th general meeting February 28, 2012 88th release from the people's Government of Gansu province as of April 1, 2012) first according to the work-related injury insurance Ordinance (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.

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

    The employees of the employer, the right to have a work-related injury insurance benefits according to law.

Third provincial people's Government, the social security administration is responsible for the work injury insurance in the province.

City, State, County, city people's Government, the social security administration in the Department responsible for the administration of workers ' compensation insurance.

    Established by the social security administration the social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

    Fourth the work injury insurance fund provincial co-ordination.

Fifth employing units in accordance with the principle of territorial management, in the host State, to participate in work-related injury insurance, work injury insurance managed by the State, social security administration, handling business by the State social insurance agency, the contractor.

At the provincial social insurance agencies participating in basic medical insurance for urban workers, employers, work-related injury insurance work managed by the province, the social security administration, operates a business hosted by the provincial social insurance agencies. Across the region, production of the mobile industry employers, work-related injury insurance work managed by the province, the social security administration, operates a business hosted by the provincial social insurance agencies.

    Provincial social insurance agency or Commission social insurance agencies handle operates a business.

Sixth employer registration and place of operation is not in the same pooling area, register to participate in work-related injury insurance; was not registered to participate in work-related injury insurance, it should be to participate in the production and operation of work-related injury insurance.

    Participate in work-related injury insurance employer workers ' real-name system management.

Seventh, State social security administration may authorize counties to social security Administration accepts the work injury certification application, conducting a survey on injury, served a notice of work-related injury certification conclusions.

    Municipal work competency expertise on the Committee may appoint a county urban social security Administrative Department accepting work competency expertise on applications, served a notice of work competency expertise conclusion. Eighth worker accidents hurt or is in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, the unit shall be from the date of accident or diagnosis and appraisal of occupational diseases within 30th of, work-related injury certification application to social security administration department.

    In exceptional circumstances, the employer a written request, agreed by the social security administration, applicants may be appropriately extended, extension of time shall not exceed 90 days.

Nineth employer in accordance with this approach apply in work injury certification article eighth, the injured employee or his or her close relatives, trade union organizations in accident or diagnosis and appraisal of occupational disease within 1 year from the date of, directly to the work-related injury certification application to the region where the employer Social Security Administration Department.

    Injured workers or their close relatives, the trade union organization, exceed the time limits provided for in the preceding paragraph apply for work injury certification, social security administration is not admissible.

    Article tenth applications for work-related injury certification of workers and employers on labour relations disputes, social security administration with the entry into force of the labor dispute arbitration award or court judgment or ruling as the basis.

Article 11th participation in work-related injury insurance for employers and workers injured by accident or diagnosis and appraisal of occupational diseases insurance industrial injury and work competency expertise.

    Failing to pay industrial injury insurance premiums of employers and workers injured by accident or diagnosis and appraisal of occupational diseases in production and operation of work-related injury certification and work competency expertise.

12th State, social security administration disputed the jurisdiction of the ascertainment by the disputing parties settled through consultation, first, State social insurance, work-related injury certification applications received administrative sector to the province, the social security administration to apply for designation of jurisdiction.

Work injury certification the disputed municipal consultation does not apply for designation of jurisdiction, employer, trade union or his close relatives to the province, the social security administration, trade union organizations may apply for designation of jurisdiction.

    Designated the jurisdiction of the province, the social security administration, State, social security administration jurisdiction.

Article 13th participation in work-related injury insurance for employers, injured workers ' ability to identify the costs paid from the work injury insurance fund; failing to pay industrial injury insurance premiums employers, injured workers ' ability to identify the costs borne by the employer.

    Identification of applications can work again, conclusions unchanged, identification of costs borne by the applicant.

    Article 14th work competency expertise conclusions made after 1, where the injured worker or his or her close relatives, employers or disabled according to the social insurance agency of change, may be made to the initial work conclusions of working ability appraisal review Committee for labor ability appraisal.

15th food subsidies of employee hospitalized injuries (including local transport), calculated in accordance with provincial workers ' monthly salary of the previous year as the base, the province is 2% every day, outside the province every day for 3%, from the work injury insurance fund. Certified by medical institutions, social insurance agencies agree that injured workers outside the city for medical treatment, their transport expenses paid from the work injury insurance fund; non-hospital accommodation costs, according to workers ' monthly salary calculated in the province for the last year, the province is 5% every day, outside the province every day for 8%, from the work injury insurance fund.

Non-hospital food subsidies as food subsidies standards of staff hospitalized injuries.

    Injured workers outside the city for medical treatment, non-hospital accommodation, up to 3 days in the province, the province up to 5 days. 16th worker injuries again, according to the new industrial grade enjoy a one-time treatment of disability benefits.

    According to the regulation shall be entitled to disability benefits, certified grade a disability allowance under the new deal. Article 17th was identified as disabled by employees for work five, six handicapped, I raised with the employer the rescission or termination of labor relations, should be before the rescission or termination of labor relations to base wages, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    One-time injury medical benefit criteria: five disabled for 18 months, six handicapped 16 months once disabled employment subsidy criteria: five disabled for 18 months, six levels of disability for 16 months. 18th employee for work disability is identified as a seven-to ten-level disability, labor, expiry of the employment contract termination, or my termination, employment contracts, should be based on prior to termination or cancellation of labour, the employment contract shall be paid as the base, paid from the work injury insurance fund one-time injury medical benefits, paid by the employer once disabled employment subsidy.

    One-time injury medical benefit criteria: seven disabled 13-month, eight-level disability for 11 months, nine disabled 9 months, ten disabled 7 months one-time disabled employment subsidy standard: seven disabled 13-month, eight-level disability for 11 months, nine disabled 9 months, ten disabled for 7 months.

    19th province social insurance administrative authorities and the financial departments of the province, according to the province's average wage of staff and change of nursing on disability benefits for injured workers, life surviving dependent relatives of employees and pension standards for timely adjustment, and announced to the public.

20th provincial Social Security Administration Department, in conjunction with the provincial Finance Department, the provincial health department and the provincial work safety supervision and management departments, according to the relevant regulations of the State and industrial injury insurance, workers ' compensation rate, degree of occupational hazards put forward an industry baseline rates of specific standards, and develop specific measures to floating rates.

    State social insurance agency, determined in accordance with the benchmark rate brackets within the industry the employer contribution rate of industrial injury insurance.

    21st article employing units violation occupational control method related provides and workers lifted or terminated labor, and hired relationship, the workers was diagnosis, and identification for occupational of, since diagnosis, and identification of day up one years within, workers or its near relatives, and unions organization can to original employing units location social security administrative sector application injury finds; workers was finds for injury of, by original employing units bear injury insurance responsibility.

    22nd reached retirement age or to enjoy the basic old-age insurance benefits hired by the employer of the person injured by accident or diagnosis and appraisal of occupational diseases, its application for a work-related injury certification the social security administration is inadmissible. 23rd these measures come into force on April 1, 2012.