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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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(Adopted by the 20th Standing Committee of the People's Government of Honour, 30 June 2004, No. 79 of 1 July 2004 on the date of publication of People's Government Order No. 79 of 1 July 2004)

Article 1 establishes this approach in the light of the Work injury Insurance Regulations (hereinafter referred to as the Regulations) in my province.
Article 2
Employees within the province's administration have the right to work injury insurance treatment in accordance with the provisions of the Regulations and the scheme.
Article 3
The Government's labour guarantees the executive branch responsible for work injury insurance in the present administration.
The relevant sectors, trade unions and user units at all levels of the people's government should be able to work injury insurance within their purview.
The Labour Security Administration performs specific work injury insurance services in accordance with the relevant provisions of the State Department.
Article IV Integrated management of the Work injury Insurance Fund (States, municipalities) (hereinafter referred to as integrated areas).
Article 5
Article 6
(i) Medical injury;
(ii) A disability allowance for workers aged 1 to 4;
(iii) One-time disability grant;
(iv) The cost of living care;
(v) The funeral grant;
(vi) The pension of relatives;
(vii) A lump-sum benefit;
(viii) Complete equipment;
(ix) Removal treatment fees;
(x) Feasibility of labour capacity;
(xi) Other costs under the law, regulations.
Article 7. The integrated area shall be subject to a reserve of 15 per cent - 20 per cent of the total annual work injury insurance fund. In the reserve, 30 per cent of the reserves were released into the treasury, as a provincial work injury insurance premium, and 70 per cent of the financial exclusives in the area. The reserves, the pyrethroids for work injury insurance treatment for major accidents in the integrated region; the underpayment of the reserves is paid by the Government of the Integrated Region and by the funds.
The integrated use of the work injury insurance reserve should be made by the integrated regional labour security administration to comment with the financial sector, which is paid after the agreement of the integrated territorial Government, the executive branch.
The use of provincial work injury insurance premiums should be made by the provincial Labour Security Administration to make observations with the provincial fiscal sector, which is paid after the approval of the provincial people's Government.
Article 8.
The employees who do not participate in the work injury insurance are found to be admissible by the accidental labour security administration.
Article 9. Staff members are diagnosed or identified as occupational illnesses as a result of work injury or as prescribed by the Occupational Diseases Prevention Act, which, for exceptional circumstances, cannot claim for work injury within 30 days as required by the Regulations, the time period for application may be extended appropriately, but the extension shall not exceed 30 days.
Article 10 quantification of jurisdiction in the area of integration is provided by the executive branch of labour security in an integrated region. In the event of a dispute regarding the jurisdiction of the executive branch for work injury, the executive branch of provincial labour guarantees has appointed jurisdiction within 3 days.
Article 11. The Labour Security Administration shall review the employment injury determination application in accordance with the provisions.
In order to provide material incompleteness, a written written notice should be given to the worker's injury to determine the full amount of the material that the applicant needs to be filled at a time limit. Upon request to supplement the material, the labour security administration should receive the time taken from the date of the replenishment.
Article 12. Employers or their immediate family are considered to be working injury and the person's unit is not considered to be working injury, with the burden of proof borne by the user unit and the submission of evidence within the time specified by the labour security administration.
Article 13 establishes the Commission for the Identification of Labour Capacities in provinces and areas, respectively, which is responsible for the identification of labour capacity. The Labour Capacity Identification Commission consists of peer labour guarantees, personnel, health administrations, trade union organizations, representatives of institutions and representatives of human units.
The Standing Office of the Labour Capacity Identification Commission is based in the Labour Security Administration and is responsible for the day-to-day work identified by the labour capacity.
Article 14. The institution shall enter into service agreements with medical institutions in accordance with the State's provisions and make available to the community a list of medical institutions that have signed service agreements.
Employers participating in the injury insurance are subject to accident or occupational illness, to the hospital of the agreement; medical treatment should be transferred to local agreement hospitals within 5 days of the stabilization of the injury.
The employee participating in the work injury insurance did not pay for medical expenses incurred by the medical service as previously provided.
Article 15. Employers are required to suspend treatment for work-related injuries or occupational illnesses, which is determined by the medical body's diagnostic opinion and generally not exceeding 12 months. The injury is serious or exceptional and, as confirmed by the Integrated Regional Commission for the Identification of Labour Capacities, the appropriate extension may not exceed 12 months. The staff member or agent unit of work objected to the diagnosis of medical institutions, which was confirmed by the Commission on Integrated Regional Labour Capacity Identification.
Employees continue to receive medical treatment after the termination of their work. In the event of an assessment of the level of disability, disability is treated as defined.
Article 16 Staff members are identified as five- and six-tier disability, and the worker himself makes it possible to remove or terminate the labour relationship with the user unit and to pay a one-time injury medical grant and disability employment grant by the user unit.
A one-time work injury and disability employment benefits and standards are: The average monthly salary of workers in an integrated area is based on the calculation of the remaining months of the retirement age of the worker for work and injury, but the number of months for which the five-tier disability is calculated is not more than 72 months, up to 50 months.
Article 17 Employees are identified as disabled by grades 7 to 10, and the labour contract expires or the worker himself proposes the removal of the labour contract, with one-time work injury and disability employment benefits paid by the user unit.
A one-time work injury and disability employment benefits and standards are: The average monthly salary of workers in an integrated area is based on the calculation of the remaining months of the retirement age of the worker for work and injury, but the number of months for which the seven-grade disability is calculated is not more than 24 months, the eight-year period for not more than 18 months, and at least eight months for a period of up to four months, or no more than four months.
Article 18 Employees who receive a one-time work injury medical grant and disability employment benefits shall be terminated by a user unit to the agency for the processing of work injury insurance relations.
Article 19 Employees shall apply for work injury treatment to the agencies of the Agency, after the determination of their work and the identification of their labour capacity. The office shall, within 15 days of the date of receipt of the application, authorize the treatment of the injury.
Article 20, Disability benefits, benefits for raising relatives, living care expenses, are adjusted in due course by the Integrated Area Labour Guarantees Administration on the basis of the average wage and changes in the cost of living. Adjustments are proposed by the provincial Labour Security Administration in conjunction with the relevant departments such as provincial finances and are implemented after the approval of the Provincial Government.
Article 21, the Labour Security Administration oversees the payment of the labour injury insurance fund by law.
The financial sector and the audit body are governed by law by the payments and management of the Work injury Insurance Fund.
Article 22, any unit and individual shall be entitled to report on the offence of the injury insurance. The labour security administration should conduct prompt investigations into the matters reported and be treated in accordance with the relevant provisions and kept confidential.
Article 23 does not participate in the work injury insurance, and the employee is injured by the user's unit, which pays expenses in accordance with the regulations and the standards for the treatment of workers and injuries under this scheme.
During the unpaid work injury premiums paid by the user unit, the employee was injured by the user's unit to pay the expenses in accordance with the regulations and the standards for the treatment of work injury insurance.
Article 24 pay for workers and injured workers is carried out in accordance with article 61 of the Regulations.
The worker's previous salary or actual working hours were paid less than 12 months for more than six months, calculated on the basis of his pay or her average monthly salary or actual monthly salary, but not less than 60 per cent of the average monthly salary of the staff in the integrated area; less than six months, the average monthly salary of the employee was calculated at 60 per cent of the average monthly salary in the area.
Article 25 Specific steps and means of implementation for the participation of individual business workers in work injury insurance are consistent with other enterprises.
Article 26 is implemented since the date of publication.
Employees who were injured by an accident or suffered from occupational illness after 1 January 2004 are treated in the same way.