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Tianjin Industrial Injury Insurance Regulations

Original Language Title: 天津市工伤保险若干规定

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Several provisions of the SARSS

(Act No. 50 of 3 February 2012 No. 50 of the Decree No. 50 of the Government of the People's Republic of 12 December 2012)

Article 1 ensures medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, facilitates work injury prevention and occupational rehabilitation, dispersal of the risk of work injury in their units, and in accordance with the Social Insurance Act of the People's Republic of China and the Labour Injury Insurance Regulations (No. 586 of the State Department of State Order), and establishes this provision in conjunction with the realities of the city.

Article 2

The rights to work injury insurance are enjoyed in accordance with this provision.

Article 3 Human resources and social security administration are responsible for work injury insurance throughout the city. The human resources and social security administration in the district are specifically responsible for work injury insurance in the present administration, under the guidance of the urban Human Resources and Social Security Administration.

The Social Insurance Agency (hereinafter referred to as the institution) conducts specific work injury insurance services.

The administrations, such as finance, health, business, security regulation, public safety, construction of transport and transport ports, perform work injury insurance in accordance with their respective responsibilities.

Article IV-related administrations should establish information-sharing mechanisms for accidents and occupational diseases.

Article 5 The work injury insurance fund consists of the following:

(i) Employees' insurance contributions;

(ii) The interest of the work injury insurance fund;

(iii) In accordance with the law, other funds are included in the Work injury Insurance Fund.

In accordance with the State's relevant provisions, the Agency established the applicable industrial differential rates of the user's unit, based on business registration and major production operations of the user's units.

In accordance with the use of work injury premiums by the user unit, the incidence of work injury, etc., the corresponding rate within the respective industry is applied to determine the annual rate of work injury insurance for the user's unit and to report to the municipal human resources and social security administration.

Article 7. The user unit shall pay the worker's injury premiums on time and the worker shall not pay the worker's injury.

The total number of employees paid by the user's unit for work injury insurance contributions is higher than that of the unit pay rate.

Specific calculations for the payment of work injury insurance contributions are determined by the urban Human Resources and Social Security Administration for construction enterprises, small-service enterprises, small-scale businesses, etc., which are difficult to pay their contribution to work injury in accordance with the total salary of workers.

Article 8. The institution shall be reviewed within 10 days of the date of receipt of the request.

The user unit shall be in the custody of its employees within 30 days of the start of the work of the work and injury insurance at the location.

Changes in the registration of work injury insurance by an agent's unit or termination by law shall be due to change or termination within 30 days of the date of the termination, or to the organization's body to process changes in or write-off proceedings.

Article 9

(i) Treatment of work injury insurance;

(ii) Cost identification of labour capacities;

(iii) Confirmation of the costs of the investigation;

(iv) Vocational rehabilitation costs;

(v) Cost of work injury prevention;

(vi) Laws, regulations stipulate other costs for work injury insurance.

Article 10 The work injury insurance fund shall be relocated in accordance with the 10 per cent residual reserve of the total annual work injury insurance fund, with a total of more than 30 per cent of the total annual work injury insurance fund.

The reserve is to be paid for work injury insurance for the integration of major accidents in the city; the underpayment of the reserve is don't.

Article 11

The human resources and social security administration in the districts are responsible for the work injury determinations of the employees of the ex-posted units.

When a worker is injured by an accident, a worker or an on-site officer should report to the user unit immediately. The human resources and social security administration should be reported within 24 hours.

Article 13. The unit of the person shall submit an application for work injury to the human resources and social security administration within 30 days of the date of the accident injury or the date of the diagnosis and identification of the worker as a occupational illness, and submit the following material:

(i) Applying the application form for work injury;

(ii) Labour contracts or labour relations certificates;

(iii) Medical diagnostic certificates or occupational diagnostic certificates;

(iv) The personal status of the worker;

(v) Other relevant evidence material.

Article 14. The user unit does not make the application for the determination of work injury, the worker or his close family, the trade union organization may submit a claim for work injury directly to the human and social security administration within one year of the date of the accident or the date of the diagnosis and identification of occupational illness.

Article 15. The human resources and social security administration shall, within 15 days of the date of receipt of the worker injury determination, make a decision to accept or be inadmissible for the worker injury determination and inform the applicant in writing. The applicant shall be informed in a written letter of 15 days of the finding that the material is incomplete.

The Human Resources and Social Security Administration shall make a decision on the determination of work injury within 60 days of the date of receipt of the employment injury determination and, in writing, inform the user unit, the worker or his close relatives and the institution. The admissibility of the complaint is clear, the right obligation to determine the application for work injury shall be determined by the worker's injury within 15 days of the date on which the application is considered.

Article 16 Labour capacity determination committees are composed of human resources and social security administrations, the health administration, trade union organizations, representatives of institutions and representatives of user units.

The Commission has the following responsibilities:

(i) The extent of barriers to the functioning of the workforce and the level of self-sustainability;

(ii) Reconfirmation of the duration of work and the extension of the duration of work;

(iii) Confirmation of a supporting tool;

(iv) Reconfirmation of old injury;

(v) Definitions of injury and non-hurt;

(vi) The worker's labour capacity for raising relatives;

(vii) Identification of occupational rehabilitation;

(viii) Other commissioned labour capacity identification.

The division of labour capacity in urban and district areas is governed by separate provisions of the municipal human resources and social security administration.

Article 17: Work-related injury workers shall be subject to an increase in the duration of their work or to the duration of their work leave, with disabilities and the impact on the labour capacity, and shall apply for the identification of labour capacities. The Labour Capacity Identification Commission shall make the identification conclusions within 60 days of the date of receipt of the application for the identification of labour capacities. If necessary, 30 days could be extended. The results of the identification of labour capacities should be communicated in writing to the user's units, the workers and the institutions.

The Labour Capacity Identification Commission shall, upon receipt of a labour capacity determination request, form a medical expert group, which shall, in accordance with the provisions of the medical expert group, make an expert opinion, and the Commission determines its findings in accordance with the expert group's assessment. In the opinion of the Group of Medical Experts, the competent medical institutions could be delegated to assist in the conduct of the diagnosis and may require workers to submit the results.

The conclusions of the Labour Capacity Identification Commission regarding the period of work of the employee's suspension and the conclusion of the extension of the period of work leave shall be communicated in writing to the user's units, workers injured or their close relatives and institutions.

Article 18

(i) Medical injury;

(ii) Costs for work injury recovery;

(iii) Accommodation grant;

(iv) Travel accommodation requirements for medical care outside the integrated area;

(v) Acillary equipment installation costs;

(vi) The cost of living care;

(vii) A one-time disability grant;

(viii) Disability benefits at the level to the level of disability workers;

(ix) A lump-sum medical grant;

(x) Removal benefits;

(xi) The pension of the family;

(xii) One-time surviving benefits.

Article 19 covers the following costs incurred as a result of work injury:

(i) The treatment of wage benefits during the period of staying;

(ii) Life care during the stay of work;

(iii) V- and 6-level disability workers' disability benefits;

(iv) One-time disability employment grant.

Article 20 shall be treated by a medical body that enters into a service agreement as a result of an accident or occupational illness. When the situation is urgent, it is possible to first aid the near medical institutions.

In the event of injury to workers, the user units should take measures to enable them to be treated in a timely manner. After the determination of the injury, the cost of treatment that had occurred was settled by the user unit with the agency. The continuing inpatient treatment costs are settled by medical institutions and by the agencies.

Work injury recovery and support equipment costs for workers and injured workers are handled by the medical institutions for the rehabilitation of workers and injuries to the service agreement, the subsidiary body.

A service agreement was signed between the Office and the medical institutions, the subsidiary body, on the basis of equality consultations, and a list of medical institutions and subsidiary bodies that have signed service agreements. Specific implementation measures are implemented in accordance with the relevant provisions of the State and the city.

Article 21 Medical institutions that work injury workers receive treatment for rescue in health institutions other than integrated areas should be treated in a timely manner by medical agencies that transmit service agreements to the city.

The second article provides for the payment of the worker's inpatient food assistance and the standard of accommodation for medical treatment outside the area of integration.

Article 23 was identified as a result of work maiming as a fifth and sixth-level disability, and, if so, it could be removed or terminated with the user's unit; it was identified as a result of seven to ten disability, the expiry of the labour contract or the dismissal of the labour contract by the employee herself could be removed or terminated.

The dismissal of the labour contract or termination of the worker's relationship shall be financed by a one-time work injury medical grant from the Work injury Insurance Fund and a one-time disability employment grant is paid by the user unit.

The specific criteria for a one-time work injury medical grant are 2 to 12 months of the average monthly salary for the previous year's employees in this city: five-year-old disability is 12 months, six-year disability is 10 months, seven-monthly disability is 8 months, and nine-year-old disability is four months, and 10-year-old.

The specific criteria for a lump-sum employment grant are 3 to 18 months of the average monthly salary for the previous year's employees in this city: 5-18 months of disability, 15-monthly disability, 7-12 months, 8-grade disability, 6 months for nine months, and 10-year disability.

Article 24 re-employment of a worker who has received a one-time work injury medical benefits has been recovered from the work injury insurance fund.

Article 25

(i) To receive disability benefits up to 15 years;

(ii) To receive a pension for an extended family, the child is calculated to be 18 years of age and the other extended family is up to 15 years.

Article 26 Staff members are treated as occupational diseases after retirement and are treated under the law.

Under article 27, disability benefits, pensions for foster relatives, living care expenses are adjusted by the urban human resources and the social security administration in accordance with the average monthly salary and minimum wage for workers in this city.

Article 28 Employees' units do not pay their work injury insurance under the law, which occurs in the event of accidents, and are paid by the user unit. The user unit does not pay, paying from the work injury insurance fund. The treatment of work injury insurance payments from work injury insurance funds should be reimbursed by the user unit. The user unit is not reimbursed, and the institution may seek compensation in accordance with article 63 of the People's Republic of China Social Insurance Act.

As a result of work injury caused by third-party causes, the third party does not pay for work injury medical costs or is unable to determine the third person, which is paid by the work injury insurance fund. After the payment of the work injury insurance fund, the agency was entitled to seek compensation from third parties.

As a result of work injury caused by the third person, the third party should assume a total amount of damages for physical damage (non-conviolent damage compensation) than for work injury insurance treatment, which is partially offset by the work injury insurance fund.

Article 33 Employees who are entitled to work injury insurance treatment or their close relatives shall submit the relevant material to the institution. The office shall be approved within 15 days and shall implement the relevant treatment in accordance with the provisions.

Article 31 Staff members shall be entitled to one-time disability benefits in accordance with the disability level on a number of occasions in the same person's unit; in the event of dissolution or termination of labour relations, a one-time injury medical grant and a one-time disability employment grant are granted at the highest disability level.

Article 32, para.

(i) To conceal, forfeiture or unauthorized destruction of medical instruments and related information, affecting the identification of work injury or the identification of labour capacity;

(ii) Accumulate cash converted or affordable securities for the treatment of workers and injured workers as a starting drug provider or purchase a pharmacies;

(iii) Reclassification of non-worker injury insurance funds to sickness, treatment projects, pharmaceuticals to work injury insurance funds;

(iv) The intentional diffuse of pills, ultra pharmacies and repetitive medicines.

Article 33 of this city's civil service and the work injury security of the social group's staff in the light of the property administered by the civil service law are provided separately by the Government of the city.

Article 34 of this provision is implemented effective 5 March 2012. The Honduran Government issued on 1 December 2003 a number of provisions of the Dayzin Industrial Injury Insurance (No. 12 of the Order of the People's Government of the city) were repealed.