Several Provisions Implementing The Regulation On Work-Related Injury Insurance In Beijing

Original Language Title: 北京市实施《工伤保险条例》若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367237.shtml

Several provisions implementing the regulation on work-related injury insurance in Beijing

    (November 28, 2011 the 110th meeting of the people's Government of Beijing municipality passed on December 5, 2011 order No. 242 of Beijing Municipality announced come into force on the date of promulgation) first for the implementation of the work-related injury insurance regulations of the State Council, considering the actual situation in the city, these provisions are formulated. Article within the administrative area of the city, the employing unit shall, in accordance with the workers ' compensation insurance Ordinance (hereinafter referred to as the regulations) and the participate in work-related injury insurance, pay industrial injury insurance for the employees in this unit.

    The employees of the employer in accordance with the regulations and these provisions the right to work injury insurance benefits. Third municipal, district, County, social security administrations responsible for the administration of workers ' compensation insurance.

    City, County, and district social insurance agency in the work-related injury insurance clerical.

    Financial, health and other sectors in accordance with the Division of duties, is responsible for the relevant work on work-related injury insurance.

    Fourth municipal social security administrative departments shall, in accordance with the provisions of relevant laws and regulations and to develop specific policies and management system of industrial injury insurance, plan, select, and published injury medical institutions, rehabilitation and assistive devices configured body.

    , Social insurance agencies responsible for collecting industrial injury insurance, work injury insurance benefits approved and payment, as well as work-related medical institutions, rehabilitation institutions and AIDS for the configuration entered into a written agreement, and so on.

    Fifth, social security administrations according to the national industry of differential rates and rate brackets in the industry, combined with the work injury insurance fund balance, determined and published application rates float within the industry level in the city.

    Employer workers ' compensation insurance costs by the social insurance agency, incidence of work-related injuries and so on, floating rate applicable in industry level, determine the employer contribution rate.

    Sixth the work injury insurance fund and manpower of the city.

    Accounts of the work injury insurance fund into the Social Security Fund, in accordance with the provisions of the regulations for work-related injury insurance benefits, work identification, awareness of injury prevention, training and other costs, as well as the laws and regulations for the payment of other expenses of the workers ' compensation insurance.

    , Social security administration, in conjunction with the Ministry of finance in accordance with the relevant provisions of the regulations, devising specific pay items and standards for the work injury insurance fund, submitted to the municipal people's Government for approval before implementation.

    Seventh, the employer or his or her close relatives, trade unions, workers ' organizations (hereinafter the applicants) request found that work-related injuries, should be in accordance with the time limits provided for in the regulations, to the registration of the employing unit district and County work injury certification application to the Social Security Administration Department.

    Article the applicants submit a work-related injury certification application, shall be submitted in accordance with the provisions of Ordinance of the 18th article material, and in accordance with the following provisions, together with the relevant evidence:

    (A) belongs to the 14th article of the Ordinance in part (a), (b) and (e) situations, accidents and injuries evidence of accident or unaccounted for proof;

    (B) belongs to the 14th article of the Ordinance in part (c), attached with the accidental injury or certificates issued by the judicial authorities of the relevant legal instruments;

    (C) belongs to the 14th article of the Ordinance (vi), attached to the judiciary, the public security organs traffic management, transportation, railway and other departments or law authorized organizations, administrative regulations issued by the relevant legal instruments;

    (D) belong to the 15th of the first paragraph of article (a), shall attach a medical certificate issued by rescue records;

    (V) belongs to the 15th of the first paragraph of section (b), shall attach a certificate from the relevant unit certificates;

    (Vi) belongs to the 15th of the first paragraph of section (c), shall attach a disabled revolutionary soldiers cards and medical institutions are proof of the old injury diagnosis.

    Deaths of workers, should be accompanied with a death certificate. Nineth due to labour disputes affect the ascertainment of the relationship, shall, before applying for work injury certification to solve labor disputes.

    The labor dispute was resolved, not included in the work-related injury certification application within the time limit. The tenth medical organizations and occupational-disease diagnosis and identification certificate of diagnosis, medical records, medical files such as the occupational disease certificate or certificate of diagnosis of occupational disease, shall conform to the requirements of the State and this municipality.

    Does not meet the requirements, the district or County issued by the Social Security Administration Department could request the relevant bodies. 11th district and county administrative departments of social security receive work-related injury certification application materials, should be made within 5 working days to accept or not to accept the decision; incomplete material shall at once inform the applicant in writing and correction of all materials.

    Applicants should be stipulated in the Bill finds that the application is corrected within the time limit in which all the materials.

    Region, District Social Security Administration said the work-related injury certification application does not belong to the jurisdiction of their respective jurisdictions, shall be promptly reported to the municipal social security administrative departments to exercise jurisdiction.

    12th District and county administrative departments of social security after accepting the work injury certification application, withdrawals by work-related injury certification application, the work-related injury certification program termination.

    Termination of work-related injury certification procedures, applicants in work injury certification application within the time limit provided for in the regulations has the right to apply in work injury certification again.

    13th district, District Social Security Administration accepts the work injury certification application, the investigation can take the following measures as needed:

    (A) enter the units and the scene of the accident;

    (B) access to information related to the work injury certification, ask and make a written record of the person concerned;

    (C) record and photocopying, recording, video, such as copying and information related to the industrial injury.

    Investigation to verify the social security administration, law enforcement officials shall not less than two persons and shall produce their certificates.

    The 14th district and County investigation to verify the social security administration, employers, trade unions, trade union organizations, medical institutions and departments concerned shall assist, provide relevant information and supporting materials. 15th employee or his or her close relative thought to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof.

    The employer does not bear the burden of proof, and district or County social security administrative departments according to the employee or his close relatives to provide evidence, evidence obtained or to make their own investigations, decisions according to law.

    The 16th district and County social security administrative departments shall provide applicants with the proving the medical files or survey evidence in work injury certification decision, set forth the body part injured.

    Injured workers considered work-related injury or occupational disease directly causes other illnesses and injury issued by a medical institution of the work-related injury or occupational disease certificate directly led to the diagnosis of diseases, district and County Social Security Administration Department should be clear in work injury certification decisions.

    17th article of the city towards the establishment of rehabilitation after the first identification, medical and rehabilitation and injury recovery system.

    After 18th injured workers considered relatively stable injuries, employers, injured workers can register to the employer or his close relatives to the district and County work identification of work competency expertise on the Committee a written application and provide evidence in accordance with the regulations. 19th work competency expertise on the Committee think injured workers need further medical examinations, injured workers may be required to work-related medical institutions to conduct medical checks.

    Time does not count the ability to work within the identified time frame. 20th injured workers because of daily life or employment needs, confirmed by the district/County of work competency expertise Committee, installation and configuration of assistive devices should be work-related assistive devices configuration authority installation, configuration, the costs paid from the work injury insurance fund according to national standards.

    Specific installation, configuration, standards developed by the municipal social security Administrative Department and published. 21st injured workers need to suspend the work injury medical, lay-off pay period, the original wage benefits unchanged, by the units of the monthly payment. Injured workers shut down pay period not exceeding 12 months, in accordance with the provisions of the Ordinance may be extended appropriately justified, but not more than 12 months.

    Shutdown leaves salaries during a specific time frame in accordance with the relevant provisions of this municipality.

    22nd article of dependent relative pension shall be made to the registration of the employing unit, County social insurance agencies submit dependent relatives of identity and economic status, labor expert conclusions, who died in employee relations and dependent relatives prove, proof of wages in fatal and other related materials.

    23rd to participate in work-related injury insurance of employer bankruptcy, dissolution, one-to four-level disability workers, enjoy the support of relative pension treatment staff, retired staff in which to enjoy work injury benefits paid from the work injury insurance fund, by street or township people's Government established by the social security institutions.

    24th, injured workers and the employer's legal discharge or termination of labor relations, the employer shall, in accordance with the provisions of the Ordinance to the injured worker to pay a one-time disability employment grant.

    New employers and injured workers to establish labor relations, and agreed to pay a one-time disability employment grant, the original employer and the new employer should make it to the social insurance agency for the work-related injury insurance relationship transfer.

    25th article does not arise between the employer and workers of industrial injury insurance injury according to law, by the employer in accordance with the regulations and work injury insurance benefits projects under these provisions and fees.

    26th employer interrupt capture, interrupt contributions during the workers ' injuries, by the employer in accordance with the regulations and work injury insurance benefits projects under these provisions and fees; treatment of injured workers has work-related injury insurance, in accordance with the original sources of work-related injury insurance benefits.

    27th an employer not to pay industrial injury insurance, resulting in injured workers enjoy work injury insurance benefits reduced, reducing the portion paid by the employer.

    28th was diagnosed or identified as occupational trade unions, employers ' participation in work-related injury insurance, by the employer in accordance with the regulations and work injury insurance benefits projects under these provisions and fees; now the employer does not participate in work-related injury insurance, worker's work-related injury insurance benefits in accordance with the People's Republic of China Law on occupational disease prevention and the relevant regulations.

    29th the employer or rejected by the medical authority providing or failing to provide relevant information and evidence, by the social security administration or the public health Administrative Department shall order rectification can be fined a maximum of 2000 more than 20000 Yuan.

    30th employers, injured workers, or their close relatives, work injury medical institutions, rehabilitation, assistive devices configured body of any of the following acts, resulting in loss of work injury insurance fund, by the social security administration is ordered to return and Fund's loss was more than twice times by penalty of 5 times:

    (A) fraudulent use of insurants in obtaining treatment of work-related injury insurance;

    (B) manufactured a hospitalization, rehabilitation, or configure the facts, making false records and archives;

    (C) will not be eligible to pay for drugs or medical clinics, rehabilitation services, configuration items included in the Fund balance;

    (D) take other means to obtain work-related injury insurance benefits or workers ' compensation insurance fund.

    Violation of the provisions of the preceding paragraph of this article,, social insurance agencies and work-related medical institutions, rehabilitation, assistive devices configured body lift service agreement, shall not enter into a service agreement within 5 years.

    31st the employer withheld the work injury insurance fund payments to injured workers or dependent relative treatment of work-related injury insurance, by the social security administration a rectification; fails to change, fined a maximum of 3000 more than 30000 Yuan, and notify the social insurance agency paid directly.

    Social insurance agency in accordance with the provisions of the preceding paragraph, direct payment of treatment of work-related injury insurance, the right to recourse against the employer.

    32nd of units and individuals in violation of the rules, the provisions of the Ordinance is liable, in accordance with its provisions.

    33rd, State bodies and the civil service law, the management of public institutions and social organizations to participate in work-related injury insurance, references to the Ordinance and the regulations. 34th article of the regulations come into force on the date of promulgation. 140th order issued on December 1, 2003, the Beijing Municipal People's Government of the measures for the implementation of work-related injury insurance in Beijing city Ordinance repealed simultaneously.