Measures Of Guizhou Province, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 贵州省实施《工伤保险条例》办法

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(20th of June 30, 2004, Guizhou Provincial Executive Meeting July 1, 2004, Guizhou Provincial people's Government announced come into force on the date of promulgation, 79th), first under the workers ' compensation insurance Ordinance (hereinafter referred to as the regulations), combined with the province, these measures are formulated.
    Article II the enterprises, employees of individual businesses within the administrative area of the province (hereinafter referred to as the employer) shall, in accordance with the provisions of the Ordinance and these rules, participation in work-related injury insurance, for all workers or employees of the entity (hereinafter employees) pay a fee for work-related injury insurance.
    Within the administrative area of the employees of the employer in the province, and are in accordance with the Ordinance and the regulations of work-related injury insurance benefits rights.
    Third provincial administrative departments of labor security work injury insurance in the province.
    Labor and social security administration departments at or above the county level are responsible for injury insurance work within their respective administrative areas.
    Relevant departments of the people's Governments at various levels, trade unions and the employing unit shall, within the terms of reference to do work-related injury insurance.
    Established by the administrative departments of labor security in accordance with the relevant provisions of the State social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    Fourth the work injury insurance fund (States and municipalities) and Manpower Management (hereinafter referred to as co-ordinate).
    Fifth the employing unit shall annually participate in work-related injury insurance staff list, insured time, base pay, pay rates, work accidents, treatment of injured workers, and work-related injury insurance and other publicity in this unit.
    Sixth article injury insurance fund for following spending: (a) injury medical; (ii) a to four level injury workers disability allowance; (three) one-time disability grant; (four) life nursing fee; (five) funeral grant; (six) dependent relatives pension; (seven) one-time workers died grant; (eight) auxiliary apparatus fee; (nine) injury rehabilitation sex treatment fee; (10) labor capacity identification fee; (11) legal, and regulations provides of other costs. Article seventh pool area should be according to the work injury insurance fund total 15%-20% standard drawing on the reserve. Reserves in the province of 30% solution on deposit financial account, as a work-related injury insurance at the provincial level adjustment funds; 70% into a region of special financial account.
    Reserve, adjustment funds used for co-ordinating major accident work injury insurance benefits paid insufficient reserves to pay, by co-ordinating regional people's Government, the Administrative Office of advance.
    Use of industrial injury insurance reserves and manpower areas, by co-ordinating views to the regional administrative departments of labor security in conjunction with the financial sector, and manpower after the regional people's Government, the Bureau agreed to pay.
    Using the provincial workers ' compensation insurance adjustment funds shall be by the administrative departments of labor security in conjunction with the provincial Finance Department comment, after the provincial Government agreed to pay.
    Article eighth participation in work-related injury insurance for employers or trade unions, its application for a work-related injury certification by the respective co-ordinating regional Labor and social security administration departments accepted.
    Did not participate in the work-related injury insurance the employer or trade union, its application for a work-related injury certification accepted by the administrative departments of labor security where the accident occurred.
    Nineth employee accidents due to work injury provisions or in accordance with the law on prevention of occupational diseases is diagnosis and appraisal of occupational diseases, the unit can't as stipulated in the regulations because of special circumstances apply in work injury certification in the 30th, reported to the competent administrative departments of labor security agreement, application may extend the time limit, but not later than 30th. Article tenth co-ordinate divides the ascertainment of jurisdiction within the region, by co-ordinating regional labour and social security administrative departments.
    Co-ordinate administrative departments of labor security disputes on the ascertainment of jurisdiction, by the administrative departments of labor security in 3rd in the designated jurisdiction.
    11th administrative departments of labor security in after receiving a work-related injury certification request, shall, in accordance with the regulations on work-related injury certification applications under review. The material provided is not complete, inform the work injury certification the applicant should be a one-time writing need to be corrected before the deadline all materials.
    After correction according to the request of the applicant the materials, labor and social security administrative departments shall accept, processing time from the date on which the correction material.
    12th employee or their immediate family members considered to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden, and within the period specified in the administrative departments of labor security presented evidence. 13th, and co-ordinating work competency expertise area established the Committee, in accordance with the provisions of the labor assessment work.
    Labour assessment Committee by the labor and social security, personnel at the same level, public health administration departments, representatives of trade union organizations, agencies, and employer representatives.
    Work appraisal Committee of permanent Office is located in the administrative departments of labor security, is responsible for the work and identification of daily work.
    Article 14th agencies signed a service agreement with medical institutions should be provided for by the State, and signed a service agreement to the public list of medical institutions.
    Employees participating in the industrial injury insurance accident due to work injury or occupational disease, shall, in agreement to the hospital; an emergency treatment to the nearest medical institution, should be stabilized with injury 5th transfer agreements in the local hospital.
    Injured workers not participating in the work-related injury insurance medical medical expenses incurred in the preceding paragraph, the Agency does not pay. 15th employee accidents due to work injury or occupational disease requires treatment in suspended suspended the pay period determined according to the medical opinion, generally not more than 12 months. Severity or in special circumstances, identified by the ability to co-ordinate the Labor Committee confirmed that may be appropriately extended, but of not more than 12 months.
    Injured worker or the employer disagrees with the opinion of the medical institutions, by co-ordinating work competency expertise on the Committee confirmed. Injured workers are required in shutdown leaves after expiration of the paid treatment, continue to work-related injury medical treatment.
    Be evaluated after grade, according to receive disability benefits.
    16th worker for work disability were identified as five levels, six levels of disability, the injured worker to my, or can be prevented with the employer terminate the employment relationship, the employer paid a one-time injury medical benefit and disability employment grant.
    One-time injury medical benefits and disability employment grant and standards: to co-ordinate workers ' monthly salaries as the base of the previous year, according to injured workers from the statutory retirement age calculated the remaining number of months, but calculating the number of remaining months of five-disabled maximum of 72 months, six-level may not exceed 50 months.
    17th employees for work disability is identified as having seven-to ten-level disability, termination of labor contract expires, or the employees ' own labor contracts, the employer paid a one-time injury medical benefit and disability employment grant.
    One-time injury medical benefits and disability employment grant and standards: to co-ordinate workers ' monthly salaries as the base of the previous year, according to injured workers from the statutory retirement age calculated the remaining number of months, but the maximum number of seven remaining months of disability shall not exceed 24 months, eight-level may not exceed 18 months, nine-level shall not exceed 8 months, ten levels must not exceed 4 months.
    18th to receive a one-time grant of medical benefits and disability employment employees injured workers should be made by the employer to the agencies for the work-related injury insurance termination procedures. 19th after identification of ascertainment and the ability to work, the employee, the employer, workers ' compensation employees or their immediate family members should apply to agencies for treatment of work-related injuries.
    Agency shall, from the date of receipt of the application in the 15th, approved for treatment of work-related injuries. Article 20th pension, disability allowance, dependent relatives living care, by co-ordinating regional labour and social security administrative departments under the average wage of staff and changes in the cost of living adjustment.
    Adjustment by the administrative departments of labor security, together with related departments such as finance, submitted to the provincial people's Government for approval before implementation.
    Article 21st of the administrative departments of labor security in accordance with the work-related injury insurance levy and supervise the implementation of the work injury insurance fund paid.
    Financial departments and audit institutions shall work injury insurance fund revenue and expenditure monitoring and management. 22nd on work injury insurance violations, any unit and individual have the right to report it.
    Matters should be reported to the administrative departments of labor security investigations in a timely manner, in accordance with the relevant regulations and the informer confidential.
    23rd the employer does not participate in work-related injury insurance, employee injuries, by the employer in accordance with the regulations and the treatment of work-related injury insurance items as provided herein and fees.
    The employer fails to pay a fee for work-related injury insurance during the workers ' injuries, by the employer in accordance with the regulations and the treatment of work-related injury insurance items as provided herein and fees.
    24th the injured employee shall be paid in accordance with the regulations article 61st of the regulations.
    Injured worker was injured before I pay wages or actual working time of 6 months up to 12 months, according to my payment of wages or the actual average monthly salaries, but shall not be lower than the overall average monthly wage of employees 60%; for less than 6 months, by co-ordinating 60% calculated on monthly wage of staff and workers of the previous year.
    25th with the participation of employees of individual businesses work injury insurance by concrete steps and implement solutions consistent with other enterprises.
    26th article this way come into force on the date of promulgation.
                    After January 1, 2004 of workers injured by accident or occupational disease, its treatment of work-related injuries in accordance with the means to implement.