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Implementation Measures For The Industrial Injury Insurance In Liaoning Province

Original Language Title: 辽宁省工伤保险实施办法

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(Summit No. 52 of 22 September 2005 of the Government of the Greateren Province to consider the adoption of Decree No. 187 of 12 October 2005 on the Excellence of the People's Government of the Commonwealth of the Greater New York Province, which came into force on 1 December 2005)

In order to guarantee medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, to promote work injury prevention and occupational rehabilitation, to defend the legitimate rights and interests of workers, to disperse the risk of work injury in their units and to develop this approach in line with the State Department's Work injury Insurance Regulations.
All types of enterprises in the administrative region of my second province, individual businessmen with employment (hereinafter referred to as the user unit) shall be paid to workers or employees of the unit in accordance with the provisions of the Work injury Insurance Regulations.
Article III. Labour security administration is responsible for work injury insurance in this administrative area, in the provinces, municipalities, districts (at the district level, under the same conditions) and in the area of social insurance.
Article IV
Article 5
The knowledge-related sectors and their staff must be conservative in the identification activities of members of the health-care expert group and in the assistance of diagnostic medical institutions.
Article 6. The Labour and injury insurance fund is integrated at the municipal level and is deposited into the Social Security Fund's financial specials, which are used by law for the payment of related costs such as work injury insurance treatment, labour capacity identification. The specific collection is provided by the Government of the Provincial People.
The Social Insurance Agency must take the form of socialization services that facilitate workers' direct receipt.
Article 7 Specific retention rates and methods of use are provided by the Government of the city. The accumulated amount of the reserve reached 50 per cent of the income of the previous year's work injury insurance fund, which should be adjusted to the rate of work injury insurance and reduced the retention rate of the reserve.
Article 8 Integrated work injury insurance by a user unit in accordance with the following provisions:
(i) The user unit shall participate in the integration of work injury insurance in the place of business registration. The owner's unit and the business registration area are not registered in the same city or in the city's labourer, which can be integrated in the production area.
(ii) The establishment of branches across the municipality of a person's unit could be chosen either in the place of business registration or in its branches, with a focus on the integration of the work injury insurance or the integration of workplace injury insurance at the location.
Employers have labour relations with more than two user units, which are paid by individual units for work injury.
Article 9. When the Labour Security Administration determines the injury of the worker in accordance with article 14, paragraph 6, of the Work injury Insurance Regulations, it shall be considered to be injury to a motor vehicle accident during the normal period of the course and in a reasonable route (including, although it is incompatible with the responsibility of a chapter but not sanctioned by a security administration).
Article 10 states as follows:
(i) In working hours and working hours, the death of all types of diseases or the calculation of the initial time of the medical institution, and the injury to death within 48 hours;
(ii) In working hours and within this unit and in emergency situations, the implementation of the functions of non-partisan jobs has been harmed in order to preserve the legitimate interests of the user's unit;
(iii) To be designated to participate in the maintenance of national interests or public interest, such as the seizure of disaster, the prevention of epidemics or the transmission of sanitary diseases, for example, by heroic nature;
(iv) Previously serving in the military, with the result of war, public injury and disability, a maimed military certificate has been obtained and revictimized after the user unit;
(v) In the course of the work, an accident injury occurred when the unit was organized to perform a temporary assignment;
(vi) In the course of work, although not working in the current job, due to inadequate unit facilities, poor labour conditions and operating environments, physical injury and acute poisoning.
The State provides otherwise for the injury to the same worker, from its provisions.
Article 11 states that:
(i) Deaths and injuries in the course of commissioning a crime or in breach of a security administration;
(ii) Including casualty accidents due to the direct infliction of injury or injury, or because of the inexclusiveness of alcohol;
(iii) Self-disimbursement, suicide or, in cases where a person's unit is explicitly prohibited and is visible, it goes beyond the duty of the job to engage with toxic hazardous substances and to use dangerous devices.
The State shall not be determined as a worker injury or as otherwise provided for by the same worker.
Article 12. The worker shall be diagnosed or identified as an occupational illness by law, and the unit shall apply to the labour security administration for injury determination from the date of the accident or from 30 days from the date of the diagnosis and identification of occupational illness. However, there are special circumstances, with the written consent of the municipal labour security administration, that the time limit for application could be extended by 30 days.
The user unit did not present a claim for work injury within the preceding period of time, either on the date of the accident injury or on the date of the legal diagnosis, identification of occupational illnesses by the employee, or on the date of the dismissal of his or her immediate family, trade union organization's claim for work injury, which took place during that period in accordance with the treatment of workers covered by the Work injury Insurance Regulations.
In one of the following cases, the Labour Security Administration was found to be inadmissible for work injury, but the Labour Capacity Identification Commission could accept the commission to commission a labour capacity identification:
(i) A person's unit, a worker and his immediate family, a trade union organization (hereinafter referred to as the applicant) has submitted an application for work injury determination beyond the prescribed time frame;
(ii) The illegal unit of use of child labour and the illegal use of child labour units, which employ persons who are victims of accidents or occupational illnesses;
(iii) After the appointment of a staff member or more than the statutory retirement age, a person who was injured by an accident or suffered occupational illness due to the nature of his or her work.
Article 14. More than two user units pay for work injury to workers who are working in conjunction with their workers, and the employee's unit in the event of injury makes a claim for work injury.
When the applicant makes a claim for work injury, the labour relationship shall be confirmed by the law in accordance with the relevant provisions of the labour dispute. The duration of labour relations is not calculated in accordance with the law to determine the duration of the application or the legal time frame for the injury of the worker.
The employee and his immediate family and the user unit should assume the burden of proof and submit evidence within the time frame established by the Labour Guarantee Administration.
The Commission was confirmed by the Commission for the Identification of Labour Capacities due to the disputed nature of the work injury and the disease line.
Article 16 Treatment of work injury insurance benefits granted by workers in accordance with the provisions of the Act is paid under the actual cost items, respectively, by the agent's unit or the work injury insurance fund. The disability allowance, the provision for the raising of family pension, the care of living are treated, which is due to changes in the average wage growth and living costs of workers in the city, which are made in due course, with the approval of the Government of the city, and is presented to the provincial labour security administration.
After the retirement age and the retirement process for workers with disabilities at the level of tier IV, disability benefits were discontinued and replaced with basic old-age insurance treatment. The approved basic old-age insurance treatment is less than the disability allowance to fill the difference in the work injury insurance fund.
The work injury insurance regulations had reached retirement age and had been processed at the level to four levels of the retirement process, which had been granted a regular disability pension and had been transferred to the basic old-age insurance fund in accordance with the approved amount of treatment.
Employees who have been injured at the level to the fourth level after the termination of their work leave have died, in addition to the treatment provided for in the Work injury Insurance Regulations, and receive a lump-sum payment for immediate family members paid by the user unit in accordance with the relevant provisions of the province; in the event of death after the retirement process, the treatment to be paid from the old-age insurance fund shall be paid less than the treatment of the old insurance scheme to compensate the balance of the fund.
Employees at Article 185 and at the sixth level of disability have offered to disband or terminate their labour relations with the user's unit, which is paid by the user's unit for a one-time injury medical grant and a one-time disability employment benefit, while termination of the working injury insurance relationship. The lump-sum payment rate is based on the average monthly salary of the previous year's employees in the city, five at 16 months and 14 months at the sixth level; one-time disability employment benefits are not less than the monthly minimum wage in the city according to the employee's monthly salary.
Work-related injury workers' labour contracts are terminated by grades 7 to ten years or by themselves for dismissal of labour contracts, and are paid by a user unit for a one-time injury medical benefits and a one-time disability employment benefits, while termination of work injury insurance relations. The lump-sum payment rate is based on the average monthly salary of the previous employee in the city, seven at 12 months, eight to 10 months, 9 at 8 months, at 10 months, and one-time disability employment grant, which is calculated according to the monthly salary of the worker herself, shall not be less than the monthly minimum wage in the city, seven at 20 months, eight to 16 months, 9 months and 10 months.
In the event of the removal or termination of labour relations between grades 195 to ten-year-old workers and agents, the retirement age is less than five years, four years, three years, 2 years, one year and one-time disability employment benefits are distributed to one month, two months, four months.
Article 20 requires the installation of support equipment such as mature, correctional, dental or rotation chairs by the worker to apply to the medical institutions that have signed agreements with the Social Insurance Agency (hereinafter referred to as the medical body of the agreement), subject to diagnostic opinions and, after confirmation by the Labour Capacity Identification Commission, are installed and equipped by the medical body or subsidiary body.
In addition to the installation, staffing standards and settlement approach, the implementation of the relevant national provisions is carried out.
Article XXI requires medical treatment for workers who have been injured and are requested by the medical body of the agreement to treat their work injury, subject to diagnosis and treatment by the social insurance agencies. The worker or the social insurance agency had contested the diagnosis and was confirmed by the Labour Capacity Identification Commission.
Article 22 Employees' units should organize occupational health inspections in accordance with the relevant provisions of the State and inform workers of the results. Disadvantaged as occupational diseases should be identified for work injury determinations and labour capacity to receive work injury insurance in accordance with the level of identification; workers who have been identified as suspected occupational illnesses should be granted work injury determinations and labour capacity recognition and the treatment of work injury insurance in accordance with the level of identification.
Before the departure of workers engaged in occupational diseases, the user units should organize occupational health inspections. The user unit does not carry out a pre-employment health examination for the worker, who are diagnosed and identified as occupational diseases after retirement, and is responsible for paying work injury costs by the user unit.
Article 23 does not participate in the injury suffered by the workplace injury insurance, and the applicant submits a claim for work injury within the statutory time frame, which shall be admissible by the Labour Safety Identification Commission, which shall grant the labour capacity to be determined by the user's unit for the payment of the costs incurred in accordance with the work injury insurance projects and standards set out in the Work injury Insurance Regulations.
The employee's unit pays contributions for work injury, which was previously paid by the work injury insurance fund for the treatment of the employee's work injury insurance, and the treatment of the employee's work injury insurance during the contributory period was paid by the agent's unit and was added to the work injury insurance fund. However, the end of the incident from the date of the accident of work by the agent's unit was dealt with in good faith, with the exception of the payments made during that period. As a result of the fact that the total salary of the user unit or the unpaid payment of work injury insurance in full, it is the responsibility of the user unit.
Article 24 As a result of a lump-sum payment request, the worker's insurance relationship was terminated or terminated with the agent's unit and was concluded with the social insurance agencies.
In the first to four levels of disability, the worker at the secondary level receives a standard for the treatment of work injury insurance that is subject to regular payment to compensate for the average annual wage of the employee in the city where the person's unit produces the place of operation, which is 12 to 14 times the amount of the compensation base, between 10 and 12 times the secondary disability as the basis for compensation, between 8 and 10 times the three-tier disability as the basis for compensation and 6 to 8 times the number of work lost. Specific criteria are provided by the municipal labour security administration.
Article 25
Article 26 has been introduced in the industrial system for rails, civil aviation, oil, chemical, electricity, mines, buildings, transport, water, etc., whose workers and employees who have died for the benefit of their families, in addition to the treatment of work-related injury insurance benefits provided for by the agent's unit, which is subject to the approval of a social insurance scheme, and are subject to the approval of a lump-sum insurance scheme.
Article 27 rejects the responsibility for payment of work injury, which is to be borne by the law, and workers may apply to labour arbitration or lodge complaints to local labour security administrations and trade union organizations. After the labour guarantee that the executive branch receives complaints, the time limit should be responsibly changed; the late refusal is not rectified and is recorded in the integrity evaluation system in accordance with the adverse credibility; the right of trade union organizations to negotiate with the user's unit on the legitimate rights and interests of workers and the rights of workers to pay for work injury.
The twenty-eighth approach was implemented effective 1 December 2005. The Ordinance on the Insurance of Employer Employer Workers in the Nainin Province, which came into force on 1 October 1994, was also repealed.
The former labour security administration has been accepted but has not reached the conclusion of the finding of work injury, or the finding of non-worker injuries that have been made effective 1 January 2004 to the date of the operation of the scheme is incompatible with the provisions of this approach.