Qinghai Province, Qinghai Provincial People's Government On The Amendment Of The Decision Of The Measures For The Implementation Of Regulations On Industrial Injury Insurance

Original Language Title: 青海省人民政府关于修改《青海省实施〈工伤保险条例〉办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367181.shtml

Qinghai province, Qinghai provincial people's Government on the amendment of the decision of the measures for the implementation of regulations on industrial injury insurance

    (November 17, 2011 90th meeting of the people's Government of Qinghai province considered by people's Government of Qinghai province, November 25, 2011 83rd release come into force on the date of promulgation) under the People's Republic of China social security law and the decision of the State Council on revising the work-related injury insurance Ordinance, the provincial people's Government decided on the measures for the implementation of regulations on industrial injury insurance in Qinghai province as follows:

    One, the second is revised as follows: within the administrative area of the province of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees (hereinafter called the employer) shall, in accordance with the Ordinance and these regulations to participate in work-related injury insurance for workers or employees of the unit (hereinafter employees) pay a fee for work-related injury insurance.

    Within the administrative region of this province of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations employees as well as self-employed workers, are in accordance with the regulations and the right to work-related injury insurance benefits as provided herein.

    Second, fifth for: work injury insurance fund State (or municipal) level overall, in accordance with the principle of fixed income, balanced team of mobilization, and the establishment of provincial adjustment funds, progressive provincial co-ordination.

    Central authorities in green industries, provincial institutions, social groups, privately-run non-enterprise units, such as the introduction of industrial injury insurance provincial co-ordination. Increased, eighth paragraph, second paragraph: the individual does not pay workers ' compensation insurance costs. Employers pay workers ' compensation insurance costs raised by the employer and paid in full and on time, in the social security costs would be covered by.

    Fully funded by the financial institutions, social organizations and other employers on board staff (including preparation of labor personnel) pay the work injury insurance fund into the budget at the same level, allocation of employer prepare to engage staff outside the work injury insurance fund raised by the unit, be paid by the employer.

    Four, 11th is revised as follows: the work injury insurance fund expenditures for the following items:

    (A) injury medical and rehabilitation costs;

    (B) the hospital food allowances;

    (C) turn on medical parole defrayed the costs of transport;

    (D) the installation configuration disability assistive devices;

    (E) care;

    (Vi) a one-time disability allowance;

    (G) one to four level work injury disability allowance;

    (VIII) medical benefits;

    (IX) funeral grants;

    (J) the dependent relative pension;

    (11) the one-time death benefit;

    (12) the promotion of injury prevention, training;

    (13) the work appraisal fees and other associated with injury of appraisal fee;

    (14) the laws, regulations and other costs for workers ' compensation insurance.

    Five, 13th revised as: worker injuries or occupational diseases prevention law was diagnosed after, identified as occupational diseases, the employer shall promptly report to the integrated social security administration, social security administration needed to the scene of the accident investigation to verify the situation. Shall be in accordance with the regulations of the employer article 17th of the prescribed time limit, to co-ordinate work injury certification application to the regional Social Security Administration Department. In special circumstances, with the approval of Social Security Administration agreed, applications may be appropriate to extend the time frame, it was extended to 90 days.

    Apply in work injury certification employers not complying with the time limits, the employees or their close relatives, apply to the trade union organization and recognized as work-related injuries, 17th in accordance with the regulations imposed by the fourth paragraph of article.

    Six, 14th revised as follows: submit applications for work-related injury certification shall submit the following materials:

    (A) work-related injury certification application form;

    (B) copies of texts or other labour, employment contract labor human relations (including the fact labor relationship) valid identification;

    (C) hurt medical diagnosis issued by a medical institution (death certificate) and rescue records or occupational-disease diagnosis (identification);

    (D) the injured employee identity card or next of kin relationship;

    (E) work-related injury certification applications need to submit additional material.

    VII, 15th paragraph (a) is amended as: arising from the performance of duties by the violence, accidental injury, submitted proof of the public security organ or the people's Court decree and other valid certificate;

    (C) is amended as: accident or urban rail transit, passenger ferries, train accidents, confirmation of responsibility for public security traffic Administrative Department shall be submitted or other proof of the relevant departments.

    An additional, as subparagraph (vi): the employer does not participate in work-related injury insurance, the employer when applying for a work-related injury certification, shall be submitted to the legal entity registration certificate and business license of the employer copy (copy) or the queries issued by the administrative departments for industry and Commerce show that.

    Eight, 16th revised as follows: Social Security Administration received applications for a work-related injury certification application, timely audits, application materials are complete and social security administrative departments shall at once notify the work injury certification all applicants need to supplement materials, corrections all materials, should be made to accept or not to accept the decision. After the Social Security Administration accepts the application for work-related injury certification. To accept the facts clearly, clearly the rights and obligations of the work-related injury certification applications should be made at the 15th work injury certification decisions. Requires investigation to verify the facts or providing information, and within 60 days make a work-related injury certification decision.

    Work-related injury certification decision shall be issued by the recognized injury of decision or not recognized injury of decision, sent to employers, injured workers, or their close relatives and agencies.

    Addition of a paragraph, as paragraph: legal situation, should suspend the time limit for the work injury certification decision made, the Social Security Administration Department shall notify the applicant in writing.

    Kowloon and the addition of an article, as the 18th: work-related injury certification of application any of the following circumstances, inadmissible:

    (A) exceed the statutory time limit for an application work injury certification;

    (B) the injured personnel are employed by the employer for retirees or beyond the mandatory retirement age of staff;

    (C) subject to the regulations stipulated in the 66th of.

    Inadmissible, the social security administration since the 15th from the date of receiving the application, inform the applicant in writing, within.

    Ten, 20th to 21st, the first paragraph is amended as: injured workers treated the injury relatively stable or lockout expired salary disability, affecting the ability to work, should be determined by the employer and the injured employee or his close relatives to the overall area of work competency expertise work competency expertise on written application to the Commission, and to submit the following documents:

    (A) finds that injury decision;

    (B) work competency expertise on the table;

    (C) proof of injury issued by a medical institution's medical history, diagnostic, inspection, examination materials;

    (D) other materials specified in work competency expertise on the Committee. The third, 25th to 26th, one paragraph is added as the third paragraph: workers hospitalized injuries according to the actual inpatient days of food subsidies to 15 yuan per day. By sentinel medical institutions issued proved, reported handling institutions agreed, injury workers to and manpower area yiwai medical of, roundtrip transportation by hard sleeper following standard by notes claims (not including taxi votes); hospital Qian accommodation fee by not over three days, daily standard not above 150 Yuan claims, hospital treatment during by provides claims; turned outside medical by actual days daily to 30 yuan of food subventions.

    The costs paid from the work injury insurance fund, the excess themselves.

    Article 12, 27th to 28th and amended as: the rehabilitation of injured workers need to work-related injuries, approved by the Agency, to enter into a service agreement of occupational rehabilitation services for work-related injury rehabilitation. 13, and 33rd article to 34th article, first paragraph modified for: five to ten level injury workers labor contract expires or I proposed and employing units lifted or terminated labor relationship of, by injury insurance fund paid one-time injury medical grant, its standard for lifted or terminated labor relationship Shi I payment wage of 15 months to 7.5 months, which five level 15 months, six level 13.5 months, seven level 12 months, eight level 10.5 months, nine level 9 months, ten level 7.5 months.

    The employer a lump sum disability employment grant, the standard for rescission or termination of labor relations himself when 15 months to 7.5 months of salary, of which five levels of 15 months, six levels of 13.5 months, seven levels of 12 months, eight levels of 10.5 months, nine 9 months and ten levels of 7.5 months.

    14, 35th to 36th and amended as: the workers who died, his close relatives enjoy the 39th article treatment of the Ordinance. Article XV, 36th to the 37th and amended as: employer bankruptcy and closed, should be between one and four injured people, enjoy the benefits of dependent relative pension officers surrender of long residence street or town social security service, socialized management services. Meet the work injury insurance fund to pay the treatment of work-related injury insurance issued by the Agency.

    Not reached mandatory retirement age five to ten injured workers with employer terminates the labor relations, in accordance with the criteria set out in article 34th one-time injury medical benefit paid from the work injury insurance fund, the employer paid a one-time disability employment grant, termination of work-related injury insurance.

    16, the addition of an article, as the 40th: employees of another injury, according to the new industrial site assessment of disability disability class, you can enjoy a one-time disability benefits in accordance with their degree of disability the highest level enjoy the benefits of other workers ' compensation insurance. 17, 42nd to 44th, is revised as follows: employers ' participation in work-related injury insurance before the industrial personnel, synchronized units insured covered by work injury insurance and manpower management. Before insurance has found that work-related injuries, their treatment of work-related injuries and payment channels according to the existing regulations. Covered by the social security administration audit identified in accordance with the regulations and the provisions of the present measures from the work injury insurance fund to pay for new treatment of work-related injury insurance, the past shall not be retroactive.

    Employers do not participate in work-related injury insurance or is not paid in full and on time work injury insurance, work injury insurance benefits paid by the employer for the period.

    Article 18, this way the third, seventh and Nineth, 13th, 16th, 17th, 19th, 22nd, 29th, 38th, 41st and 43rd in the "human resources and social security administrative departments" are adapted to "social security administration".

    In addition, individual by modifying the text of the provisions, the provisions in the order was adjusted accordingly.

    This decision shall come into force as of the date of.

    The Qinghai province, measures for the implementation of regulations on industrial injury insurance in accordance with this decision be modified accordingly, republished.

    Attached: measures of Qinghai province, the implementation of the work-related injury insurance regulations 2011 (revised)

    (Released May 19, 2004 42nd of Qinghai province on November 17, 2011 90th meeting of the people's Government of Qinghai province considered by people's Government of Qinghai province, November 25, 2011 83rd release come into force on the date of promulgation of the Qinghai provincial people's Government on changes of Qinghai province decided to approach the implementation of work-related injury insurance regulations amendments)

    Chapter I General provisions

    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 called the employer) shall, in accordance with the Ordinance and these regulations to participate in work-related injury insurance for workers or employees of the unit (hereinafter employees) pay a fee for work-related injury insurance.

    Within the administrative region of this province of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations employees as well as self-employed workers, are in accordance with the regulations and the right to work-related injury insurance benefits as provided herein. Article province social insurance administration is responsible for the work injury insurance in the province.

    Social security administration departments at or above the county level are responsible for injury insurance work within their respective administrative areas.

    The social insurance agency (hereinafter the Agency), specifically in the work-related injury insurance clerical.

    Fourth work injury insurance fees by the Agency in accordance with the provisions of the State Council provisional regulations on collection and payment of social security levy.

    Chapter II the work injury insurance fund

    Fifth the work injury insurance fund State (or municipal) level overall, in accordance with the principle of fixed income, balanced team of mobilization, and the establishment of provincial adjustment funds, progressive provincial co-ordination.

    Central authorities in green businesses, the provincial public institutions, social groups, privately-run non-enterprise units, such as the introduction of industrial injury insurance provincial co-ordination.

    Sixth, an employer shall, in accordance with the regulations and provisions of this approach to co-ordinating agency for the work-related injury insurance in the area of registration, the Agency should be processed from the date of acceptance of the 10th.

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

    Seventh provincial Social Security Administration Department in accordance with the work-related injury insurance charges, level of incidence of work-related injuries, occupational hazards, establish industry benchmark rates, submitted to the provincial people's Government Executive. Agency in accordance with the employer's business registration and operation of production, determine the employer's industry risk category.

    In accordance with the industry-benchmark rates determine the employer contribution rate for the first time, by co-ordinating social security Administrative Department and social security administration departments at the provincial level. Eighth an employer should be determined in accordance with rates above the annual workers ' base wages monthly to co-ordinate regional agencies reporting work-related injury insurance, contributions, and paid their workers ' compensation insurance costs.

    Annual wages on the employer below the overall average wage of staff and 60% by 60% pay is higher than 300%, 300% payment. Employees do not pay workers ' compensation insurance costs. Employers pay workers ' compensation insurance costs raised by the employer and paid in full and on time, in the social security costs would be covered by.

    Fully funded by the financial institutions, social organizations and other employers on board staff (including preparation of labor personnel) pay the work injury insurance fund into the budget at the same level, allocation of employer prepare to engage staff outside the work injury insurance fund raised by the unit, be paid by the employer.

    Bankruptcy, according to last year's actual costs paid from the work injury insurance fund, according to the legal liquidation procedures, pay a one-off from the realization of assets in 10 industrial injury insurance. Nineth employer in accordance with this approach the seventh article of the initial contribution rate contributions. A sector of the industry, based on benchmark rates payment, do not put a floating rate. Belonging to the two or three sectors, by the agencies under the employer work injury insurance, hazard levels, incidence of work-related injuries, occupational diseases and other factors, 1-3 floating again.

    Rate floating concrete measures for the co-ordination of social security Administrative Department, submitted to the provincial social insurance administration departments.

    Tenth the work injury insurance fund constituted by the following items:

    (A) the employer to pay industrial injury insurance;

    (B) interest income derived from the work injury insurance fund;

    (C) the laws and regulations of the other funds.

    11th the work injury insurance fund expenditures for the following items:

    (A) injury medical and rehabilitation costs;

    (B) the hospital food allowances;

    (C) turn on medical parole defrayed the costs of transport;

    (D) the installation configuration disability assistive devices;

    (E) care;

    (Vi) a one-time disability allowance;

    (G) one to four level work injury disability allowance;

    (VIII) medical benefits;

    (IX) funeral grants;

    (J) the dependent relative pension;

    (11) the one-time death benefit;

    (12) the promotion of injury prevention, training;

    (13) the work appraisal fees and other associated with injury of appraisal fee;

    (14) the laws, regulations and other costs for workers ' compensation insurance. 12th the work injury insurance reserves in an integrated area established for the unit. Proportion of reserves in accordance with the work-related injury insurance fees actually collected that year 10% of the arrangements for co-ordinating major accident work injury insurance benefits paid, and in those days the work injury insurance fund expenditures exceeded real income part of the payment.

    When reserves are insufficient to pay, from the film advances from the regional people's Government.

    Chapter III industrial injuries cognizance

    13th employee accident injuries or occupational diseases prevention law is after diagnosis and appraisal of occupational diseases, the employer shall promptly report to the integrated social security administration, social security administration needed to the scene of the accident investigation to verify the situation. Shall be in accordance with the regulations of the employer article 17th of the prescribed time limit, to co-ordinate work injury certification application to the regional Social Security Administration Department. In special circumstances, with the approval of Social Security Administration agreed, applications may be appropriate to extend the time frame, it was extended to 90 days.

    Apply in work injury certification employers not complying with the time limits, the employees or their close relatives, apply to the trade union organization and recognized as work-related injuries, 17th in accordance with the regulations imposed by the fourth paragraph of article.

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

    (A) work-related injury certification application form;

    (B) copies of texts or other labour, employment contract labor human relations (including the fact labor relationship) valid identification;

    (C) hurt medical diagnosis issued by a medical institution (death certificate) and rescue records or occupational-disease diagnosis (identification);

    (D) the injured employee identity card or next of kin relationship;

    (E) work-related injury certification applications need to submit additional material.

    15th the following conditions should also provide relevant information:

    (A) arising from the performance of duties by the violence, accidental injury, submitted proof of the public security organ or the people's Court decree and other valid certificate;

    (B) for work-out during an accident or found missing in emergency rescue and disaster relief unaccounted for died at work, submitted to the people's Court to declare the conclusion of death;

    (Iii) accident or urban rail transit, passenger ferries, train accidents, confirmation of responsibility for public security traffic Administrative Department shall be submitted or proof of other relevant departments;

    (D) the complex back the old wound of soldiers, introduced the disabled revolutionary certificates and identification of the work injury recurrence of conclusions of the Committee;

    (E) in safeguarding national interests, hurt public interest activities, submit the certificate issued by the Department or other relevant departments;

    (F) the employer does not participate in work-related injury insurance, the employer when applying for a work-related injury certification, shall be submitted to the legal entity registration certificate and business license of the employer copy (copy) or the queries issued by the administrative departments for industry and Commerce show that.

    16th social insurance administration upon the ascertainment of the application the applicant shall promptly review, do not complete the application materials and social security administrative departments shall at once notify the work injury certification all applicants need to supplement materials, corrections all materials, should be made to accept or not to accept the decision. After the Social Security Administration accepts the application for work-related injury certification, to accept the fact that clearly, clearly the rights and obligations of the work-related injury certification applications should be made at the 15th work injury certification decisions. Requires investigation to verify the facts or providing information, and within 60 days make a work-related injury certification decision.

    Work-related injury certification decision shall be issued by the recognized injury of decision or not recognized injury of decision, sent to employers, injured workers, or their close relatives and agencies.

    Legal situation, should suspend the time limit for the work injury certification decision made, the Social Security Administration Department shall notify the applicant in writing.

    17th Social Security Administration accepts the application for work-related injury certification, ask the employer to submit relevant material is overdue, or the employer is not considered a work-related injury and does not discharge the burden of proof, the social security administration can provide employees or their close relatives with the evidence, after investigation and verification in accordance with work-related injury certification conclusions.

    18th work injury cognizance application any of the following circumstances, inadmissible:

    (A) exceed the statutory time limit for an application work injury certification;

    (B) the injured personnel are employed by the employer for retirees or beyond the mandatory retirement age of staff;

    (C) subject to the regulations stipulated in the 66th of.

    Inadmissible, the social security administration since the 15th from the date of receiving the application, inform the applicant in writing, within.

    The fourth chapter of work competency expertise 19th provincial and State (or municipal) work competency expertise on the Committee by the Social Security Administration Department at the same level, public health administration departments, trade unions, representatives of agencies and employers representatives. Labour assessment Committee Office at the social security administration, is responsible for the work and identification of daily work.

    Work appraisal Committee to undertake the following responsibilities:

    (A) identification of injured workers ' disability rating (IE grade identification);

    (B) self-care disability identification;

    (C) extend the shutdown leaves pay period to confirm;

    (D) to configure assistive confirmation;

    (E) the old injury was confirmed;

    (F) the associated diseases and work-related confirmation;

    (G) the surviving dependent relatives of workers completely lost the ability to work.

    20th work competency expertise on the Committee should be in accordance with the Ordinance 24th provision provides for the establishment of health experts, included in the database of experts, the labour assessment Committee selected at random.

    Work members of the Identification Commission or participate in the identification of experts and parties interested should be avoided.

    21st injured workers treated the injury relatively stable or lockout expired salary disability, affecting the ability to work, should be determined by the employer and the injured employee or his close relatives to the overall area of work competency expertise work competency expertise on written application to the Commission, and to submit the following documents:

    (A) finds that injury decision;

    (B) work competency expertise on the table;

    (C) proof of injury issued by a medical institution's medical history, diagnostic, inspection, examination materials;

    (D) other materials specified in work competency expertise on the Committee. 22nd work competency expertise on the Committee after receiving a work competency expertise on request, in accordance with the regulations stipulated in the 25th of program evaluation, work competency expertise on confirmation of the conclusions and the relevant conclusions, and of the injury card issued by the social security administration.

    Appraisal table of the work unit and the Agency kept separately, the occupational certificate kept by injured workers. 23rd the applicant State (or municipal) Labour refuses to accept the conclusions of the appraisal Committee, in accordance with the regulations stipulated in the 26th of retesting an application made to the province of work competency expertise Committee, province of work competency expertise work competency expertise conclusions made by the Committee for a final conclusion.

    Retesting the application exceeds the allotted time, provincial labour assessment Committee is inadmissible.

    Injured worker disability identification changes will need to review, in accordance with the regulations of the 28th article. Article 24th of work competency expertise, participate in work-related injury insurance injured workers covered by the work injury insurance fund, did not participate in the work-related injury insurance or not paid in work injury insurance premiums borne by the employer.

    Application identification or review their conclusions were identified again, no change, and no direct causality to identify diseases and work-related, appraisal cost borne by the applicant.

    The fifth chapter work injury insurance benefits

    25th injured workers need to suspend work for treatment, according to the 33rd article of the Ordinance enjoy shutdown leaves salary treatment.

    Injured workers shut down the pay period, the employer shall not discharge or termination of labor relations. 26th employee injured employers should be timely sent to injury medical institution, can be to the nearest medical institution when an emergency rescue, out of danger should be directed to the injury after medical treatment in medical institutions.

    At the field hospital where he was treated, the employing unit shall, from the date of injury reports to the Agency in the 15th. List of requirements for treatment of work-related injuries in accordance with occupational health standards, paid from the work injury insurance fund.

    Medical treatment beyond the list of work-related medical projects should, with the consent of employees injured employees or family members agree, the cost borne by the injured worker. Hospitalized injuries of workers according to the actual inpatient days to 15 yuan per day for food subsidies. By sentinel medical institutions issued proved, reported handling institutions agreed, injury workers to and manpower area yiwai medical of, roundtrip transportation by hard sleeper following standard by notes claims (not including taxi votes); hospital Qian accommodation fee by not over three days, daily standard not above 150 Yuan claims, hospital treatment during by provides claims; turned outside medical by actual days daily to 30 yuan of food subventions.

    The costs paid from the work injury insurance fund, the excess themselves. Injured worker suffered recurrence of the 27th article (including disabled revolutionary servicemen and old injury), occupational medical proof of diagnosis, work competency expertise on the Committee confirmed, work-related injury medical treatment. Really necessary to stop treatment, you can enjoy the shutdown leaves salary treatment. Need to live to their countries of origin for medical treatment, should be in my choice of place of residence for a long time as healing injuries hospital injury medical institutions, by the employer to the agencies to go through examination and approval procedures.

    Without the approval from the Occupational medical costs, the work injury insurance fund not be paid.

    28th injured workers need work-related injury rehabilitation, approved by the Agency, to enter into a service agreement of occupational rehabilitation services for work-related injury rehabilitation. 29th the injured employee or his close relatives to apply for work-related injury insurance benefits, and submitted to the Agency by the employer of the work-related injury insurance benefits application form, the identified work of decision, the occupational certificate, labour competency assessment form.

    Employer refused to submit application for treatment of work-related injury insurance, injured workers or their close relatives can apply directly to the Agency submitted work-related injury insurance benefits.

    Apply to enjoy where the pay of dependent relatives, based on the application submitted projects for the treatment of the following related documents:

    (A) dependent, a booklet, ID card, proof of residence issued by the Administrative Department of public security's survival;

    (B) in township people's Government, the subdistrict office proof of no source;

    (C) proof issued by the widowed or orphaned;

    (D) the relationship of foster parents, adopted children;

    (V) conclusion for dependent relatives completely lost the ability to work;

    (Vi) Social Security Administration Department of other materials. 30th organizing bodies after receiving application materials submitted by the applicant, should be approved in the 15th, and according to the provisions related to the treatment.

    Should receive a disability allowance, living cost, dependent relatives and one-time disability benefits, since the work appraisal Committee conclusions of month calculation. 31st injured workers because of daily life or employment need installation or configuration of assistive devices, by occupational health initiatives, confirmed by the labour assessment Committee, to identify assistive devices configured Agency to install or configure.

    Installation or configuration of assistive devices costs paid from the work injury insurance fund according to national standards. 32nd employee for work-disability was identified as to the grade of disability, the employer and injured workers in my disability allowance for base pay basic old-age insurance and basic medical insurance premiums to a compulsory retirement age.

    Disability allowance deducted pay basic endowment insurance, basic medical insurance section, the actual amount received below the minimum wage and manpower areas, from the work injury insurance fund to make up the difference.

    Retirement formalities has between one and four injured workers not entitled to disability benefits, access to basic old-age insurance benefits or pensions, in line with other work-related injury insurance benefits paid from the work injury insurance fund. One to four injured workers reach retirement age or business bankruptcy and closed by law, should go through the retirement procedures, suspension of disability allowance, access to basic old-age insurance benefits, approved of the basic old-age insurance benefits under the disability allowance, from the work injury insurance fund to make up the difference.

    Other work-related injury insurance benefits paid from the work injury insurance fund. 33rd employee for work disability were identified as five to ten levels of disability, employers and injured workers ' should my disability allowance or wages as a base and pay social insurance fees to the compulsory retirement age. Deduct after I pay the social insurance premiums, disability allowance or wages should actually receive lower than co-ordinating regional minimum wage, employers make up the difference.
    34th article five to ten level workers work injury workers labor contract expires or I proposed and employing units lifted or terminated labor relationship of, by injury insurance fund paid one-time injury medical grant, its standard for lifted or terminated labor relationship Shi I payment wage of 15 months to 7.5 months, which five level 15 months, six level 13.5 months, seven level 12 months, eight level 10.5 months, nine level 9 months, ten level 7.5 months.

    The employer a lump sum disability employment grant, the standard for dissolution or termination of effort I 15 to 7.5 months of salary, of which five levels of 15 months, six levels of 13.5 months, seven levels of 12 months, eight levels of 10.5 months, nine 9 months and ten levels of 7.5 months. Injured workers participating in the pension insurance at the time of termination or termination of labor relations, less than five years away from the mandatory retirement age, one-time injury medical benefit and disability employment grant 80% paid by amount, paid in less than four years, according to 60%, less than three years ' pay 40%, less than two years ' pay 20%, less than a year paid by 10%.

    Injured worker reaches retirement age retirement formalities or in receipt of a monthly pension, don't pay one-time injury medical benefits and disability employment grant. 35th injured workers receive a one-time injury medical grants and grants after a one-time disability employment, and employers and agencies dealing with termination procedures work-related injury insurance and notary public. Qualify for unemployment insurance, according to receive unemployment insurance benefits.

    New injuries occurred after the re-employment, in accordance with the regulations and procedures as provided herein to fulfil work-related injury certification identification procedures and the ability to work, enjoy a newly approved treatment of work-related injury insurance.

    36th employee who died in, and his close relatives enjoy the 39th article treatment of the Ordinance. The 37th of employer bankruptcy and closed, should be between one and four injured people, enjoy the benefits of dependent relative pension officers surrender of long residence street or town social security service, socialized management services. Meet the work injury insurance fund to pay the treatment of work-related injury insurance issued by the Agency.

    Not reached mandatory retirement age five to ten injured workers with employer terminates the labor relations, in accordance with the criteria set out in article 34th one-time injury medical benefit paid from the work injury insurance fund, the employer paid a one-time disability employment grant, termination of work-related injury insurance.

    Article 38th pension, disability allowance, dependent relatives living costs, Social Security Administration Department, in conjunction with the Ministry of finance, by province, according to the province's average wage of staff and changes in the cost of living, and so on, timely adjustment programmes, implemented after being approved by the provincial government. The 39th article treatment of work-related injury insurance other expenses paid by the employer.

    Draws the labor Commission confirmed injured workers of the employer whether to extend the shutdown leaves pay period, the costs paid by the employer.

    The 40th employee of another injury, according to the new industrial site assessment of disability disability class, you can enjoy a one-time disability benefits in accordance with their degree of disability the highest level enjoy the benefits of other workers ' compensation insurance.

    Supervision and administration of the sixth chapter 41st provincial Social Security Administration Department under the provincial administrative areas, work accidents and occupational diseases treatment characteristics, preparation of industrial injury insurance medical service management approach, and manpower planning and identify work-related injury insurance medical institutions, rehabilitation and assistive devices configured institutions, health, civil affairs and other relevant departments to strengthen supervision and inspection of work injury insurance medical services across the province.

    State (or municipal) social security administration under the work injury insurance needs, determine work-related injury insurance medical institutions within their respective regions, together with the local health, civil affairs and other relevant departments to strengthen supervision and inspection of local work-related injury insurance and medical services.

    The social security administration departments at all levels shall, jointly with relevant departments of the employer and employee awareness of injury prevention and to prevent or reduce the incidence of occupational injuries and diseases.

    42nd and manpower agencies and work injury insurance medical care institutions, rehabilitation and assistive devices configured agencies (collectively, the services), sign a service agreement, clearly the rights and obligations of the parties and to the public in a timely manner.

    43rd work injury insurance service institutions should strictly abide by the provisions of the workers ' compensation insurance, provide good services for injured workers, with the social security administration and work competency expertise on institutions, agencies do work injury insurance.

    The seventh chapter by-laws 44th employers ' participation in work-related injury insurance before the industrial personnel in synchronized units insured covered by work injury insurance and manpower management. Before insurance has found that work-related injuries, their treatment of work-related injuries and payment channels according to the existing regulations. Covered by the social security administration audit identified in accordance with the regulations and the provisions of the present measures from the work injury insurance fund to pay for new treatment of work-related injury insurance, the past shall not be retroactive.

    Employers do not participate in work-related injury insurance or is not paid in full and on time work injury insurance, work injury insurance benefits paid by the employer for the period. 45th employee injuries occurred less than a year of work, when calculating the treatment of work-related injury insurance, monthly wages, in accordance with the actual month of average monthly salary as the base to calculate; no monthly wage or salary, in accordance with the annual workers ' monthly salary calculated on this unit.

    Annual average monthly wages of workers on this unit cannot be determined, in accordance with the employer calculated average wage of staff and workers in the region 60%. 46th employer for workers exposed to occupational hazards, prior to termination, termination of labor relations or for retirement procedures, occupational health examination should be carried out, and check the results to employees. Diagnosed with occupational diseases shall handle the work injury certification approved, work identification, treatment procedures, pay employees ' insurance benefits. Diagnosed as suspected occupational diseases diagnosed occupational disease after retirement, you can apply for work-related injury certification, work-related injury insurance benefits.

    Employer fails to receive post-leaving occupational health check before the employee shall not be suspended, termination of labor relations, retiring after being diagnosed with occupational diseases, by the original employer should bear the responsibility, and pay for work-related injury insurance benefits. 47th injured workers refuse the inspection, treatment and evaluation for no reason, affecting the normal work-related injury insurance work, employer and the Agency stopped their treatment.

    Identified by the work Committee has been wholly or majority restored the ability to work and refuse to work, in accordance with the relevant rules and regulations of the employer. 48th article of the measures shall be implemented from July 1, 2004.