Tianjin Industrial Injury Insurance Regulations

Original Language Title: 天津市工伤保险若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368222.shtml

Tianjin industrial injury insurance regulations (January 14, 2012 82nd meeting of the people's Government of Tianjin by February 3, 2012, the Tianjin Municipal People's Government announced on March 5, 2012, 50th execution) first in order to improve the industrial injury insurance system to ensure accidents due to work injury or occupational disease the workers access to medical treatment and financial compensation, promotion of 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

    (State Council Decree No. 586), combined with the municipality, these provisions are formulated.

Article in the administrative area of the city 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 participate in work-related injury insurance for workers or employees of the unit (hereinafter employees) pay a fee for work-related injury insurance.

    Employer workers are provided for in the preceding paragraph in accordance with the work-related injury insurance benefits rights. Third municipal human resources and social security administrative departments are responsible for the city's workers ' compensation insurance.

County human resources and social security administrative departments at the municipal human resources and social security administrative departments under the guidance of, specifically responsible for industrial injury insurance work within their respective administrative regions.

The social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.

    Finance, health, industry and commerce, construction of security supervision, public security, traffic, traffic port administration work injury insurance in accordance with their respective responsibilities.

    Article fourth and administration-related injury insurance accident and occupational disease established mechanisms for information sharing. Implement the city's overall plan of the fifth article of the city's workers ' compensation insurance fund.

The work injury insurance fund consists of the following components:

(A) the employer to pay industrial injury insurance;

(B) the interest of the work injury insurance fund;

    (C) other funds covered by work injury insurance fund according to law.

Sixth the agencies according to the employer's business register and produce a business case, according to the relevant regulations of the State, determine the employer to apply differential rates in the industry.

    Agencies according to the employer's workers ' compensation insurance costs, incidence of work-related injuries and so on, apply appropriate rate within the industry level, determine the employer annual contribution rate of industrial injury insurance, and submitted to the municipal human resources and social security administration departments.

Seventh the employer shall pay the workers ' compensation insurance, employees do not pay workers ' compensation insurance costs.

The amount employers pay industrial injury insurance premiums for employees ' wages multiplied by the contribution rate in this product.

    It is difficult to follow the construction workers ' wages to pay industrial injury insurance enterprise and small service companies, the small mining companies and other industries, calculated way to pay industrial injury insurance premium, determined by the municipal human resources and social security administrative departments. Eighth date of the employing unit shall be established by law in the 30th, to register with the local agency for the work-related injury insurance.

Agencies shall from the date of receipt of the application within the 10th have been audited.

The employer shall from the date of employment in the 30th, to the seat of the Agency for his work injury insurance procedures.

    Employer's workers ' compensation insurance registration is changed or terminated according to law shall be from the date of modification or termination in the 30th, to the agencies for the work-related injury insurance change or cancellation procedures.

     Nineth work injury insurance fund for the following expenditures:

     (A) work-related injury insurance benefits;

     (B) work competency expertise on cost;

     (C) work-related injury certification costs;

     (D) vocational rehabilitation expenses;

     (E) the costs of injury prevention;

    (F) other costs for workers ' compensation insurance laws, regulations.

Tenth the work injury insurance fund shall, in accordance with the year 10% of the total work-related injury insurance fund reserve reserve total surpassed its total accumulated the work injury insurance fund 30%, can no longer extract.

    Reserve for co-ordinating the city's major accident work injury insurance benefits paid insufficient reserve pay, advances made from the municipal people's Government.

11th municipal human resources and social security administrative departments are responsible for occupational diseases employees and inter-provincial mobility job employer the worker's work-related injury certification work.

    The district human resource and social security Administrative Department is responsible for the provisions of the preceding paragraph the employer the worker's work-related injury certification work. 12th worker after the accident occurred, workers or site personnel shall immediately report to the employer.

    The employing unit shall report to the Administrative Department of human resources and social security within 24 hours.

13th the employer shall accident date or date of diagnosis and appraisal of occupational disease of workers in the 30th, work injury certification application to human resources and social security administrative departments, and submit the following materials:

(A) work-related injury certification application form;

(B) the labor contract or proof of labor relations;

(C) medical diagnosis or the diagnosis of occupational diseases;

(D) the staff my identity;

    (V) other relevant supporting documents.

    14th if an employer did not apply in work injury certification in accordance with the regulations, the injured employee or his or her close relatives, of trade union organizations in the accident or diagnosis and appraisal of occupational disease within 1 year from the date, you can directly work injury certification application to human resources and social security administrative departments, and submit the materials provided in this article 13th. 15th article human resource and social security administrative departments shall, from the date of receiving the application for work-related injury certification in the 15th, on work-related injury certification's decision to accept or not to accept an application and notify the applicant in writing.

Work-related injury certification application materials are incomplete, it shall inform the applicant in writing at once completed in the 15th. Human resources and social security administrative departments shall accept an application for work-related injury certification within 60 days from the date of work-related injury certification decision and give written notice to the employer and the injured worker or his close relatives and agencies.

    To the admissibility of the ascertainment of the facts are clear, the rights and obligations of a clear application, shall from the date of accepting an application for work-related injury certification within 15th work injury certification decisions.

16th work competency expertise on the Committee by human resources and social security administration, health administration, trade unions, representatives of agencies and employers representatives.

Labour assessment Committee to undertake the following duties:

(A) the work level of dysfunction and self-care disability identification;

(B) the extended shutdown, stoppage of salary salary confirmation;

(C) configure assistive confirmation;

(D) confirm the recurrence of injury;

(E) the definition of injury and non-injury;

(Vi) identification of surviving dependent relatives of employees the ability to work;

(VII) identification of vocational rehabilitation;

(VIII) other commissioned work competency expertise.

    City and County work competency expertise on the specific responsibilities of the Committee, shall be determined separately by the municipal human resources and social security administrative departments. 17th injured workers pay shutdown leaves expiration or shutdown leaves cured during the pay period, disability, affecting the ability to work, should apply for work competency expertise. Labour assessment Committee shall receive work competency expertise on application made within 60 days from the date of conclusion. If necessary, you can extend the 30th.

Work identification shall notify the employer, injured workers and operate institutions. Work appraisal Committee received work competency expertise on applications shall, in accordance with the provisions of medical expert group, the medical expert opinion from the Group of experts, work identification according to the medical expert group of the Committee of expert opinion to make conclusions.

Medical group believes that, if necessary, can be commissioned medical institutions qualified to assist in the diagnosis, and injured workers may be required to submit test results.

    Injured workers shut down work competency expertise Committee paid conclusion, prolonged shutdown leaves them conclusions shall notify the employer, injured workers or their close relatives and agencies.

18th injured workers the following work-related injury insurance benefits paid from the work injury insurance fund: (a) the work injury medical expenses;

(B) injury recovery fee;

(C) the hospital food allowances;

(D) accommodation costs required to co-ordinate areas for medical treatment;

(E) assistive devices installation fees;

(F) care;

(VII) a one-time disability allowance;

(VIII) level to level four injured workers ' disability benefits; (IX) one-time injury medical benefit;

    (J) the funeral grant (11) dependent relative pension (12) one-time death benefit.

19th the following costs incurred due to injury, paid by the employer:

    (A) the suspension keep wages and benefits paid during the period of treatment, (ii) shutdown leaves life care during the pay period, (iii) grade five or grade six injured workers ' disability benefits; (d) a one-time disability employment grant. 20th employee accidents due to work injury or occupational disease, should be treated in medical institutions have signed service agreement.

When the urgency of the situation, you can to the nearest medical facility for treatment. Employees when injuries occur, the employer shall take measures to enable their timely treatment. Found after injury, has been the cost of treatment, by the employer and the Agency settled.

Continuing hospital treatment costs incurred by medical institutions and agencies in the settlement.

Injured workers ' rehabilitation and assistive devices configuration, by signing a service agreement of occupational rehabilitation agencies, assistive devices configured institutions and agencies in settlement. Agencies and medical organizations, assistive devices configured institutions on an equal footing on the basis of the service agreement, signed service agreement and publish medical institutions, assistive devices to configure lists of institutions.

    Specific implementation measures in accordance with the relevant provisions of the State and this municipality.

    21st injured workers receiving treatment outside the integrated medical institutions, out of danger later signed a service agreement shall promptly send the City medical facility for further treatment.

    22nd injured workers in hospital food subsidies, to co-ordinate areas other than medical standard for accommodation costs shall be determined separately by the municipal people's Government. 

23rd employee for work disability were identified as five levels, six levels of disability, as I proposed, rescission or termination of labor relations can and employers; seven to ten levels was identified as disabled, or expiration of labor contract worker I propose termination of labor contract, rescission or termination of labor relations.

Labor contracts or termination of labor relations of employees, 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 on the specific standards for the city's annual average monthly wage of employees 2-12 months: five for 12 months, six-level for 10 months, seven for 8 months, eight-level for 6 months, nine for 4 months, ten for 2 months.

    Once specific criteria for disability employment grant year worker on a monthly salary of 3-18 months: five for 18 months, six for 15 months, seven for 12 months, eight-level for 9 months, nine for 6 months, ten for 3 months.

    24th recipients a one-time injury medical benefit after reemployment of the old injury, for the treatment of work-related injuries cost more than one-time injury medical benefit of parts, paid from the work injury insurance fund.

25th employee receiving disability allowance or benefits for dependent relatives of personnel, whose habitual residence is not in this city, you can follow the following standard disposable treatment of work-related injury insurance, industrial injury insurance and termination:

(A) disability allowance, not exceeding 15 years;

    (B) pensions for dependent relatives, calculation of children under 18 years of age to 18 years of age, other dependent relatives of up to 15 years.

    26th article of diagnosed occupational disease after retirement, work-related injury insurance benefits according to law.

    27th pension, disability allowance, dependent relatives living care, the municipal human resources and social security administration, last year, according to the workers ' average monthly wage and the minimum wage adjustment. 28th the employee where the employer fails to pay industrial injury insurance, industrial accident, by the employers to pay employees ' insurance benefits. The employer does not pay, paid from the work injury insurance fund. Paid from the work injury insurance fund's work-related injury insurance benefits should be reimbursed by the employer.

Employers do not pay, the Agency may, in accordance with the People's Republic of China Law on social insurance for the 63rd section recovery. Due to causes injury to a third person, third party does not pay employees ' health care costs or third party cannot be determined and paid from the work injury insurance fund.

    The work injury insurance fund after the advance payment, the Agency has the right to recourse to a third person.

    The 29th due to causes injury to a third person, the third party shall be liable for compensation for personal injury (excluding compensation for mental damage) total less than the treatment of work-related injury insurance, part from the work injury insurance fund to make up the difference. 30th of work-related injury insurance benefits injured workers or their close relatives, shall submit to the Agency the relevant material.

    Agencies should be approved in the 15th is completed, and in accordance with the provisions related to the treatment.

    31st employee the same employer injuries, should be in accordance with the disability grade enjoy a one-time disability allowance; rescission or termination of an employment relationship, the highest grade enjoy a one-time injury medical benefit, and a one-off disability employment grant.

Article 32nd signed a service agreement of work injury insurance and medical institutions, work injury rehabilitation physician in medical institutions, any of the following acts, by human resources and social security administrative departments shall issue a warning and order them to correct:

(A) concealing, forging or destroying without authorization medical documents and related information, affect the work-related injury certification or work identification of (ii) thought that the injured worker treated for prescription of drugs or purchase vouchers, collusion with the insured person does not get the medicine, exchange of cash or marketable securities;

(C) non-work-related injury insurance fund diseases, treatment programs, drug tampering for industrial injury insurance fund;

    (D) intentionally break down prescription, excessive prescribing, repeat prescriptions.

    The 33rd article of the municipal civil servants and the civil service law of institutions, social group work injury protection measures for staff, shall be determined separately by the municipal people's Government. 34th article of the regulations come into force on March 5, 2012. Tianjin, Tianjin Municipal People's Government on December 1, 2003 published by the work injury insurance regulations (2003 12th municipal people's Government) abrogated.