Implementation Measures For The Work-Related Injury Insurance, Hebei Province

Original Language Title: 河北省工伤保险实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368225.shtml

Implementation measures for the work-related injury insurance, Hebei province

    (December 28, 2011 Executive meeting of the Hebei provincial people's Government, the 99th through December 31, 2011 provincial orders (2011) the 21st release since March 1, 2012) Chapter I General provisions

    First to protect the accident due to work injury or occupational disease the workers access to medical treatment and financial compensation, promotion of injury prevention and occupational rehabilitation, in accordance with the People's Republic of China Law on social insurance and the workers ' compensation insurance Ordinance of the State Council (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 called the employer) shall, in accordance with the provisions of the Ordinance and these rules, participation in work-related injury insurance.

    Employer shall provide the workers or employees (hereinafter employees) pay a fee for work-related injury insurance, its staff are in accordance with the Ordinance and the regulations of work-related injury insurance benefits rights.

    Third Social Security Administration Department of the people's Governments above the county level shall be responsible for industrial injury insurance work within their respective administrative regions.

    Social Security Administration Department of the State Council and the provincial government established by the relevant provisions of the social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

    Fourth provincial social security Administrative Department of workers ' compensation insurance policy and associated standards, shall solicit the views of the trade unions, employers representatives.

    Fifth an employer shall establish a responsibility system for production safety, occupational-disease-prevention and take measures to prevent the occurrence of accidents, prevent and reduce occupational hazards.

    Chapter II the work injury insurance fund Sixth the work injury insurance fund and manpower across the province.

    Specific measures formulated by the province, the social security administration in conjunction with the provincial Finance Department, submitted to the provincial people's Government for approval before implementation.

    Seventh an employer shall pay the workers ' compensation insurance costs rate, by provincial social insurance administration Agency (hereinafter Agency) according to the industry of the employer rate brackets and employers of industrial injury insurance, workers ' compensation rates determined. Eighth an employer should be based on staff and salary of the previous year as the base pay industrial injury insurance.

    Not to all employees in the previous year's payroll as a base pay of workers compensation insurance industry, according to the relevant national and provincial regulations.

    Employers ' participation in work-related injury insurance, changes in the number of employees should be changes within the 5th employee list and relevant reporting agencies. Nineth employer monthly reporting to the Agency shall pay the amount of work injury insurance, Agency shall immediately review. Due to special circumstances cannot be audited, shall, from the date of receipt of the payment declarations within the 3rd have been audited.

    After the Agency audits, the employer shall pay industrial injury insurance in form of currency within the 5th. Employers not complying with the obligation to declare the payment of workers ' compensation insurance cost amount, by temporary agencies in the unit 110% to determine the amount payable, pay last month without pay last month, by temporary agencies according to the unit's operating status, number of employees and other relevant information to determine the amount payable.

    Employers go through the formalities and the amount approved to pay industrial injury insurance fee, by the agency according to the provisions of the settlement.

    Article tenth of industrial injury insurance agencies by country and is imposed by the relevant provisions of this province.

    Agency injury insurance charges, charges should be issued by the provincial financial department printed vouchers.

    11th 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) to the districts of the city required medical treatment outside the way transportation, room and Board;

    (D) install the configuration requirements for disability AIDS;

    (E) unable to take care of injured workers in the 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, employment contracts should enjoy a one-time injury medical benefit;

    (VIII) who died in the worker's survivors receive a funeral grant, dependent relatives and one-time death benefits;

    (I) the cost of injury prevention;

    (10) industrial injury investigation fees;

    (11) ability to work appraisal fee;

    (12) the laws, rules and regulations specified by the work injury insurance fund other projects.

    Industrial injury investigation costs spent by the province, the social security administration plans to the authorities and the provincial financial Department, submitted to the provincial people's Government for approval before implementation.

    Injury prevention costs of extraction, use and management, according to the Social Security Administration Department, in conjunction with national and provincial finance, health, work safety supervision and management departments of the relevant provisions. 12th provincial agencies shall, before the end of the article, will be collected this year in the province of 10% of the total amount of workers ' compensation insurance for work-related injury insurance reserves for Queen size, major accident work injury insurance benefits paid.

    Industrial injury insurance reserves has been carried over, but the total amount shall not exceed the work injury insurance fund 30%.

    Using work-related injury insurance reserves shall be submitted to the provincial people's Government.

    Chapter III industrial injuries cognizance 13th an employing unit shall workers accident injury or by the People's Republic of China Law on occupational disease prevention provisions is diagnosis and appraisal of occupational diseases within 30th of to the local districts, social security administrations or commissioned by the County (city, district) work-related injury certification application to the Social Security Administration Department.

    Traffic accidents, missing persons, arising out of workers occurred during the accident and subject to the other conditions for the time being not to apply in work injury certification deadline, by the districts, social security administration, the Department agreed that applicants may be appropriately extended, but shall not exceed 3 months.

    Employers not complying with the provisions of the preceding paragraph apply for work-related injury certification, or its close relative, the trade union organizations of workers since the accident date or date of diagnosis and appraisal of occupational disease within 1 year, directly to the location of the employer, social security administration, district departments or commissioned by the County (city, district) work-related injury certification application to the Social Security Administration Department.

    Between workers and employers arising from labor disputes, personnel relations, calculated according to the statutory procedures for dealing with disputes not in work injury certification application within the time limit.

    Article 14th work injury certification application shall submit the following materials:

    (A) of the work-related injury certification application form;

    (B) labour, employment contract or other worker and employer labor relations, personnel (including de facto labor relations, personnel) materials;

    (C) injured given by medical institutions proving, occupational disease diagnosis Agency issued by the occupational disease certificate or certificate of diagnosis of occupational disease issued by the accreditation body.

    The following circumstances shall also be submitted separately after the Social Security Administration accepts the application for work-related injury certification related proof materials, needed to make evidence not included in the work-related injury certification within the time limit:

    (A) arising from the performance of duties by violence, submit proof of public security organs, people's courts or other valid proof of the award;

    (B) due to traffic accidents or the urban rail transportation, passenger ferries, train accident injury work-related injury certification application, submitted by public security organs traffic management, transportation, railway and other departments or judicial organs and organizations authorized by the laws and administrative regulations issued by the relevant legal instruments;

    (C) arising during travel, harmed due to work, submit a police certificate, or other proof found unaccounted for died in the accident, submitted to the Court proof of death;

    (D) working time and jobs due to sudden illness or died within 48 hours, rescue and death certificates submitted to the medical institutions;

    (E) in the rescue operation and disaster relief to protect national interests are hurt, public interest activities, submit a valid certificate;

    (Vi) the battle of disabled soldiers, wounded disability to the employer after the old injury, submitted certificates of disabled soldiers and the local Civil Affairs Department issued certificate and proof of medical institutions for diagnosis of recurrence of injury;

    (VII) other exceptional circumstances, in accordance with the relevant provisions of the laws, regulations and rules provide relevant supporting documents. 15th Social Security Administration received the employer or his or her close relatives, trade unions, workers ' organizations (hereinafter the applicant) work-related injury certification application, shall immediately review the material submitted by the applicant. Materials, shall immediately, at the latest within the 15th's decision to accept or not to accept.

    Incomplete material, shall be notified in writing once need to correct all material, immediately after receive the correct material no later than 15th to accept or not to accept the decision. Social Security Administration decided to accept an application for work-related injury certification shall be issued to the applicant of the written decision on work-related injury certification applications.

    Decide not to accept, the injuries should be issued to the applicant of the decision finds that the application was inadmissible. 16th Social Security Administration accepts Trade Union or its close relative, the trade union organizations of work-related injury certification application requires employers to submit relevant materials, it shall notify the employer, the employer shall be submitted in the 15th.

    Employer fails to submit on time, according to social security administration departments employees or their close relatives, information provided by the trade union organization to make work-related injury certification.

    After 17th Social Security Administration accepts the application for work-related injury certification, needs investigation to verify the circumstances shall be assigned more staff to carry out investigation to verify.

    18th social security Administrative Department shall accept applications for work injury certification within 60 days from the date of work-related injury certification decision, and on the date of work-related injury certification decision within 20th, finds injuries of decision or not recognized injury of decision served on employees or their close relatives and employers, with a copy to the Agency. Identified as or equated employees injured workers of the injury card issued by the social security administration.
I keep on the occupational certificate by the workers.

    19th work-related injury insurance charges levied by provincial agencies employer the worker's work-related injury certification matters handled by the Social Security Administration Department of the province.

    The fourth chapter of work competency expertise

    20th provincial, city divided into districts shall, in accordance with the relevant provisions of the Ordinance for the establishment of work competency expertise Committee, placed on injured workers to work the identification, recognition and related matters (hereinafter referred to as the ability to work and identification):

    (A) disability identification;

    (B) dependent on grade identification of nursing;

    (C) shutdown leaves, extended shutdown leaves salary salary period and death resulting from an injury during the shutdown leaves pay verification;

    (D) the installation configuration disabled AIDS for confirmation;

    (E) injury cause disease directly confirmed;

    (F) work-related injury recurrence identified;

    (G) rehabilitation potential confirmation;

    (VIII) dependent relatives full disability identification;

    (IX) other work specified in national and provincial identification.

    Work competency expertise on the Committee's offices are located in at the social security administration, in charge of work competency expertise on the Committee's work and work identification of organization.

    21st employee injuries or according to the People's Republic of China provisions of the law of prevention and control of occupational diseases was diagnosed or identified as occupational and work stoppage paid for treatment shall shutdown leaves paid within 60 days from the date of the expiry, application of work competency expertise.

    22nd work competency expertise, should be determined by the employer and the injured worker or his or her close relatives to the city divided into districts of work competency expertise Committee (collected by the province, the Agency in charge of industrial injury insurance premium, to the provincial labour assessment Committee) application, and submit the following materials:

    (A) the application form for work competency expertise;

    (B) the recognized injury of decision;

    (C) issued by a medical institution's medical history, diagnosis and inspection information such as diagnosis and treatment.

    Injured workers because of injuries led directly to other diseases, shall, on the application of work competency expertise when I present my application and submit proof of medical institutions.

    Article 23rd work identification of the employer and injured workers or their close relatives not satisfied with the conclusions shall be from the date of receipt of the expert's conclusion in the 15th, and retesting application to provincial labour assessment Committee and the submission of the initial critical conclusion.

    Initial identification of work competency expertise on the Committee should be transferred to the provincial Commission of work competency expertise on related materials.

    24th work competency expertise on the Committee shall, within 60 days from the date of receipt of the application materials to make conclusions.

    For injured workers more complex condition or treatment involving medical and health professional, certified may extend the time limit, but not later than 30th. 25th working capacity 1 year after the date of conclusion, injured workers or their close relatives, employers, agencies think the injured worker's disability status changes, can go to the district, where city or provincial identification of labour assessment Committee for review.

    Identified by review grade changes, in its treatment of work-related injury treatment according to the relevant provisions of this province are adjusted on a regular basis. 26th article of the initial costs of work competency expertise, employers pay industrial injury insurance, paid from the work injury insurance fund; the employer failing to pay industrial injury insurance premiums, paid by the employer. Employers do not pay a fee for work-related injury insurance nor pay for the initial costs of work competency expertise, from the work injury insurance fund to advance.

    Application for appraisal or review identification again, by the applicant pay the appraisal fee in advance and retesting or review of identification and the identification of consistent, identification of costs borne by the applicant; identification again, or review the expert conclusion is inconsistent with original conclusions, appraisal costs paid from the work injury insurance fund.

    The fifth chapter work injury insurance benefits

    27th injured workers need to suspend work for treatment, shutdown leaves original wages and welfare benefits in the same pay period, and by the units of the monthly payment. Shutdown leaves pay period does not normally exceed 12 months. Injured worker severity or, in exceptional cases, identified by the city divided into districts or provincial capacity to work the Commission recognizes that shutdown leaves pay period can be prolonged, but an extended period of time may not exceed 12 months. Injured worker assessment after grade, suspension of primary treatment, in accordance with the provisions of the Ordinance and these rules, enjoy the benefits of disability.

    Injured workers are required in shutdown leaves after expiration of the paid treatment, continue to work-related injury medical treatment. In the injured workers shut down than pay period, the employer shall not discharge or termination of labor relations, personnel. Unable to take care of injured workers in the work stoppage of pay period in need of care, assigned by the employer care.

    Agreed by the injured worker or his or her close relatives, employers or by employees in this units the previous year, mean monthly standard payment of care fees for one.

    28th injured workers were hospitalized injuries of food subsidies, as well as health agencies certified and submitted to the Agency agreed to the districts of the city required medical treatment outside the way transportation, room and Board, paid from the work injury insurance fund.

    Prescribed in the preceding paragraph for food subsidies and transportation, room and Board payment standards, formulated by the province, the social security administration in conjunction with the provincial Finance Department, submitted to the provincial people's Government for approval before implementation.

    Article 29th injured workers in the work-related injury certification of medical costs paid by the employer, after the work-related injury certification in accordance with diagnosis and treatment of work-related injury insurance project directory, work injury insurance, medical and industrial injury insurance inpatient service standards, be reimbursed by the Agency. 30th employee treatment of work-related injuries to medical institution have signed service agreement, in case of emergency, you can to the nearest medical institution signed a service agreement is not first aid, first aid out of danger still needed treatment after the injury stable and should go to a medical institution have signed service agreement. Employees to an emergency medical institutions that have signed a service agreement, the employing unit shall, from the date of workers hurt in the 7th report to the Agency.

    Employer fails to report to the agency within the time limit specified or employee by first aid out of danger injury is stable without the timely transfer of medical institution have signed service agreement, workers ' medical costs paid by the employer.

    Injured workers in other provinces, autonomous regions and municipalities directly under the permanent residence, long-term residence, you can choose one or two medical institutions treating work-related injuries, employers or injured worker and their near relatives shall be filed with the Agency record. 31st credentialed medical organizations, rehabilitation agencies and disability assistive devices configured bodies of occupational medical services to be carried out, in accordance with the regulations to apply to the social security administration. Review meets the conditions for occupational medical services, by the agency according to the occupational health service needs, consultation on an equal footing on the basis of written agreements specify the rights and obligations of both parties.

    After the signing of the agreement, the Agency shall publish lists of occupational medical services to the community in a timely manner. Article 32nd employers, injured workers or their close relatives to apply for work-related injury insurance benefits, shall submit to the Agency the work injury insurance benefits application form, the identified work of decision and the appraisal conclusion of work.

    Agencies should immediately audit, and to pay for treatment in the 15th.

    33rd at home keep work-related injury insurance workers were sent out during the work, accidents due to work injury or occupational disease requires treatment outside, work injury medical expenses and installation required to configure disability assistive devices cost more than standard or limit section, paid by the employer. 34th five to ten injured workers under the Ordinance the relevant provisions of the rescission or termination of labor relations, personnel of the employer, 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 grant standard for lifted or terminated labor, and personnel relationship Shi this province Shang a annual workers months average of 44 months to 8 months wage, which: five level 44 months, six level 38 months, seven level 26 months, eight level 20 months, nine level 14 months, 10 level 8 months; one-time disability employment grant standard for lifted or terminated labor, and personnel relationship Shi this province Shang a annual workers months average of 22 months to 4 months wage, which: five level 22 months, six level 16 months,

    Seven levels of 10 months, eight levels of 8 months, nine levels of 6 months, and ten levels of 4 months.

    Five to ten injured workers need to install configuration of disability AIDS, according to the criteria set out in provincial Social Security Administration Department, paid from the work injury insurance fund one-time installation costs of disability assistive devices. Injured worker upon termination or termination of the labor, personnel relations, less than 5 years from the legal retirement age, a one-time disability employment subsidy payments at the 1 per cent decline in 20% standard; less than 1 years from the legal retirement age, a one-time disability employment grant according to the criteria specified in 10% to pay.

    Injured worker reaches the statutory retirement age for retirement procedures, don't enjoy work injury medical benefits and disability employment grant. 35th injured workers receive a one-time grant after a work-related medical benefits and disability employment, no longer enjoy the benefits of other work-related injury insurance.

    Recurrence of injury, should be in accordance with the Ordinance and these rules of procedure to fulfil work-related injury certification identification procedures and the ability to work and determination and identification of new work-related injury insurance benefits.

    Article 36th injured worker's disability allowance, dependent relative pension, life care fees, by provincial Social Security Administration Department in accordance with the province's average wage of staff and changes in the cost of living adjustment, submitted to the provincial people's Government for approval before implementation.

    Supervision and administration of the sixth chapter

    37th social security administrative departments shall supervise and inspect the work injury insurance fund revenue and expenditure.

    Social Security Administration Department when conducting supervision and inspection, check employer and shall provide the person concerned with information on the work-related injury insurance, may not refuse the inspection, or misrepresent, conceal. Article 38th of the social security administration to the work injury insurance fund balance problems when conducting supervision and inspection, should come up with recommendations and make a decision according to law or make recommendations to the relevant administrative departments.
The work injury insurance fund balance results should be announced to the public on a regular basis.

    39th agencies shall establish a sound business, financial, security, and risk management systems, announced to the public on a regular basis the work injury insurance fund balance. 40th the employer shall on a monthly basis in the public's involvement in work injury insurance and pay industrial injury insurance premiums and accepts supervision of employees.

    Social Security Administration Department should be imposed on employers ' participation in work-related injury insurance by law the labor security supervision.

    41st trade union organization shall safeguard the legal rights of injured workers and supervision work of the employer's workers ' compensation insurance.

    The seventh chapter legal liability

    42nd article of the social security administration staff has any of the following circumstances shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) no legitimate reason not to accept an application for work-related injury certification, or fraud will not eligible for work-related injuries of persons identified as injured workers;

    (B) failed to properly apply for evidence of work-related injury certification of materials, resulting in loss of relevant evidence;

    (C) the receiving party property;

    (D) other acts of dereliction of duty, abuse of authority or engages in.

    Article 43rd Agency any of the following acts, by the social security administration ordered corrective action and in charge and other personnel directly responsible shall be given disciplinary sanctions constitute a crime, criminal responsibility shall be investigated according to law; economic losses occur, by the operator liable:

    (A) not complying with the requirements to keep the employer contributions and employee's work-related injury insurance treatment records;

    (B) according to the provisions approved for treatment of work-related injury insurance;

    (C) accept the party's property.

    44th the employer should be required to participate in work-related injury insurance and did not participate in, by the social security administration ordered to participate, pay shall pay a fee for work-related injury insurance, and from the date of default of payment, plus five out of 10,000 late fee on a daily basis; still fails to pay the overdue, owed more than 1 time penalty of three times the amount paid.

    Should be required to participate in work-related injury insurance and did not participate in employer employee injuries, by the employer in accordance with the regulations of the work-related injury insurance benefits programs and fees.

    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 relevant provisions to pay new fees.

    The eighth chapter by-laws

    45th civil servants and the civil service law institutions, social groups of staff management method of work-related injury insurance, by the social security administration of the province in conjunction with the departments concerned, submitted to the provincial people's Government for approval before implementation. 46th these measures shall come into force on March 1, 2012. November 26, 2004, Hebei provincial people's Government announced measures on the implementation of the work-related injury insurance, Hebei province abolished at the same time.