Implementation Measures For The Work-Related Injury Insurance In Nanjing

Original Language Title: 南京市工伤保险实施办法

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(On December 14, 2005 Nanjing City Government Executive Conference considered through on December 22, 2005 Nanjing City Government makes No. 243, announced since on April 1, 2006 up purposes) first article to guarantees for work suffered accident hurt or patient occupational of workers get medical treatment and economic compensation, dispersed employing units of injury risk, promote injury prevention and career rehabilitation, according to State injury insurance Ordinance and Jiangsu Province implementation straddling injury insurance Ordinance approach, combined this city actual
    And these measures are formulated. Article within the administrative area of the city all kinds of enterprises, employees of individual businesses (hereinafter called the employer) shall be from the date it was founded in the 30th, registered in accordance with the principle of territoriality to participate in co-ordination of the region's workers ' compensation insurance, for all workers or employees of the entity (hereinafter employees) paid their workers ' compensation insurance costs.
    Workers, industrial injury insurance, self-employed since January 1, 2004 into the category.
    Third, industrial injury insurance, the city and County (district) level the integrated and unified system of industrial injury insurance. Fourth municipal labor and social security administrative departments in charge of the city work injury insurance.
    City, County (district) administrative departments of labor security in accordance with the administrative authority is responsible for the co-ordination of work injury insurance, its under the work injury insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    The fifth safety production supervision, public health, public security, civil affairs, finance, taxation, auditing, industrial and commercial departments shall, within their respective mandates, to assist the administrative departments of labor security work injury insurance.
    Trade unions, women's federations shall safeguard the legal rights of injured workers and supervision work of the employer's workers ' compensation insurance.
    The sixth municipal labor and social security administration departments finance, health and work safety supervision Department, determine the city's industrial injury insurance industry benchmark rate and floating rate and reported to the municipality for approval before implementation. Seventh article parameter insurance injury workers of following costs in injury insurance fund in the expenditures: (a) injury insurance treatment (containing injury medical, and one-time disability grant, and life nursing fee, and a level to four level disability workers of disability allowance, and for workers death workers funeral grants gold, and one-time for workers death grant, and dependent relatives pension); (ii) labor capacity identification and the related of medical check costs; (three) injury rehabilitation costs; (four) auxiliary apparatus configuration costs; (five) legal, and
    Regulations for other costs of work-related injury insurance.
    The eighth work injury insurance funds and the ascertainment of the necessary operational requirements in fiscal year budget at the same level.
    The Nineth proposed ascertainment to the application, should fill in the application form for work-related injury certification in accordance with regulations, descriptions of the time of the accident, damage, cause, and employees and other basic information.
    Injured workers as the applicant shall submit my identity; injured workers immediate family as the applicant should also submit the certificate of immediate family; as the applicant's employer and trade union organizations, should provide relevant evidence.
    Tenth article work-related injury certification application, shall be submitted to the employment contract or other evidence to establish labour relations.
    An employer who employs workers did not sign a written labor contract, but at the same time meets the following situations, the labor relations was established: (a) employers and employees comply with the laws and regulations of qualification, (ii) employers ' formulation of the labor rules and regulations apply to workers, workers affected by the employer's labor management, employer arrangement paid labor.
    Employing units not and workers signed labor contract, finds both exists labor relationship Shi can reference following voucher: (a) employing units to workers issued of "card", and "service card", can proved identity of documents; (ii) attendance records, and wage paid voucher or records (workers wage issued roster), and paid the social premium of records; (three) workers fill in of employing units recruitment recruitment "registration form", and "registration table", enrollment with records;
    (D) other workers ' testimony and other evidence.
    11th article work-related injury certification application, shall submit a medical certification or occupational-disease diagnosis certificate (or certificate of diagnosis of occupational disease). Medical diagnosis includes a medical injury to Agency staff's initial diagnosis, the original medical records, examination report or referral diagnosis within a week.
    Has been in hospital for medical treatment, hospital discharge data shall be submitted.
    Applications identified in fatal, should also be submitted to medical diagnosis of death proof, proof of account cancellation.
    12th article injury finds application involved following case one of of, should by court or police, related sector, and organization first confirmed and issued about proved: (a) for workers out during, occurred accident unaccounted for of; (ii) in commute way, by motor vehicle accident hurt of; (three) in rescue relief, maintenance national interests, and public interests activities in the by hurt of; (four) for crime or violation security management casualties of; (five) self-mutilation or suicide of.
    13th the employer registration and place of operation is not in the same overall area and place of registration and place of operation were not participating in work-related injury insurance, after workers injured by accident or occupational disease, shall be submitted to the production and operation of administrative departments of labor security work injury certification application.
    14th after the administrative departments of labor security accepts applications for work injury certification, can require employers, employees or their immediate family members within the 15th to submit relevant evidence materials as needed, organized employers, employees or their immediate family members in cross-examination. Employees or their immediate family members considered to be work-related injury, the employer is not considered a work-related injury, the employer should provide evidence.
    Employers within the 15th offered no evidence or provide insufficient evidence to prove their claims, administrative departments of labor security according to the employee or their immediate family members to provide evidence of work-related injury certification conclusions on the law.
    15th article workers for work reasons or commute way by motor vehicle accident hurt, police organ traffic management sector confirmed the workers has following case one of of, shall not finds for injury: (a) not made motor vehicle license, and motor vehicle license was revoked during driving motor vehicle of; (ii) drinking Hou or taking, and injection national control class spirit anesthesia, drug Hou driving motor vehicle of; (three) driving without law registration, and hard loaded or has reached scrap standard motor vehicle of.
    Motor vehicle referred to in the preceding paragraph, according to the public security organs traffic management sector determines the scope of registration. 16th work competency expertise on the Committee by the municipal labor and social security administration, personnel administration, health administration, trade unions, representatives of agencies and employers representatives.
    Capability approval of municipal Labor Committee shall establish a health database on medical and health experts of the experts the implementation of such a system.
    17th article injury workers identification range including: (a) labor function obstacles degree and life themselves obstacles degree of grade identification; (ii) shutdown left paid period of confirmed; (three) configuration auxiliary apparatus of confirmed; (four) injury directly raised of disease or complications of confirmed; (five) old injury recurrence needed continues to treatment of confirmed; (six) for workers death workers dependent relatives of labor capacity identification; (seven) other law should for of labor capacity identification.
    18th work competency expertise on the Committee according to the identified needs and can arrange expert necessary auxiliary medical checks at designated medical institutions, could also be, designated medical experts identified injury, injury and function to check the situation.
    In the course of work competency expertise, caused by the appraisers do not match identification cannot continue working capacity, identification of the work to be suspended.
    19th agencies should identify work-related injury insurance medical institutions, rehabilitation and assistive devices configured institutions (hereinafter referred to as work-related injury insurance agency) signed a service agreement, and announced to the public the list of work-related injury insurance agreement bodies.
    Work-related injury insurance of work injury insurance medical institutions shall, in accordance with the provisions of the agreement the project directory, work injury insurance, medical, work injury insurance, hospital services, standards and service protocols, providing treatment and services.
    Injured workers medical, rehabilitative therapy and AIDS for configuration, should be in a work-related injury insurance institutions, and according to the rules of work-related injury insurance benefits. 20th an employer should take positive measures to ensure injured workers receive timely medical treatment.
    Employee accident injury emergency, at the nearest medical institution providing first aid after first aid in a stable condition, the employer shall promptly transferred the injured workers ' injury insurance institutions of the agreement. 21st medical treatment other than injured workers to co-ordinate shall be subject to agreement issued proof of industrial injury insurance, reported the Agency agreed. Injured workers, industrial injury insurance, costs of treating work-related injuries in accordance with the Fund and standard, from the work injury insurance fund expenditures.
    Injured workers the necessary transport, food and accommodation costs are covered by the unit this unit standard on business expenses.
    22nd article workers for workers death, its immediate family according to following provides from injury insurance fund received funeral grants gold, and dependent relatives pension and one-time workers died grant: (a) funeral grants gold for 6 months of and manpower area Shang annual workers monthly wage; (ii) dependent relatives pension according to workers I wage of must proportion issued; (three) one-time workers died grant standard for 60 months of and manpower area Shang annual workers monthly wage.
    Workers support relatives in fatal application for pension benefits, shall submit to the Agency the dependent relative's household registration certificates, identity cards, and the town government (Street) issued by economic status. The 23rd employee at work was identified as grade I to grade of disability disability, according to the regulations of one-time and monthly disability benefits entitled to disability benefits.
    Employers and injured workers should be base on disability benefits and pay social insurance fees. 24th employee for work-disability has been identified for five-and six-level, it is difficult to work, as required by the employer to the disability allowance.
    Four injured workers ' disability allowance adjustment, five and six levels of disability allowance should be in accordance with the four injured workers ' disability benefits added for 90% and 85% be adjusted accordingly. 25th the employer due to bankruptcy according to law, revocation, dissolution, termination of labor relations of employees with disabilities, shall also terminate industrial injury insurance. Following the costs in bankruptcy liquidation Shi should priority allocated: (a) a level to four level injury workers to statutory retired age Shi should by units paid of social premium, by units or its industry competent sector by provides one-time allocated to handling institutions; (ii) five level to six level disability of injury workers, employing units except by provides one-time paid injury medical grant and one-time disability employment grant outside, also should for its one-time paid social security fee. Injured workers ' legal retirement age less than 20 years, calculated according to the actual period of contributions.
    More than 20 years away from the mandatory retirement age, calculated in accordance with 20; (c) seven-to ten-level disability of injured workers, the employer shall, in accordance with the provisions of disposable pay employees ' health benefits and one-time disability employment grant.
    26th five-to ten-level of injured workers who retire or resign with the employer terminate the employment relationship, no longer qualify for a one-time work-related medical benefits and a one-time disability employment grant. 27th workers employed in two or more units at the same time, the employing unit shall be provided to workers to pay industrial injury insurance.
    Employee work-related injuries, by workers hurt when work units take responsibility for work-related injury insurance.
    28th employer contracted operation (link operation), use labor contractors (affiliated operators) do not have employers qualification, by the employer with the employer qualifications (allow affiliated operators) assume responsibility for work-related injury insurance.
    Article 29th home (personal) hiring personnel, to units of internship students, retired staff members still do not belong to the range of industrial injury insurance.
    30th article of the industrial injury insurance system, implemented on January 1, 1997, had suffered injuries or workers suffering from occupational diseases, the treatment of work-related injury insurance and the specific measures, shall be separately formulated by the municipal labor and social security administration departments, reported that after the Government agreed to implement.
    31st of municipal administrative departments of labor security in accordance with the measures to develop the implementation details. 32nd article this way come into force on April 1, 2006.
                                                  Nanjing workers in urban enterprises promulgated by the Municipal Government on April 5, 2001 abolition of work-related injury insurance scheme at the same time.