Implementation Measures For The Work-Related Injury Insurance In Shanghai

Original Language Title: 上海市工伤保险实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(January 5, 2004, Shanghai Municipal People's Government at the 28th Executive meeting on June 27, 2004, Shanghai Municipal People's Government promulgated as of July 1, 2004, 29th) Chapter I General provisions article (basis) according to the work-related injury insurance Ordinance, combined with the municipality, these measures are formulated.
    Article II (scope of application) this approach applies within the administrative area of the city enterprises and institutions, State organs, social organizations and private non-enterprise units, employees of individual businesses (hereinafter referred to as the employer) and its employees.
    Article III (collection management) collection of workers compensation insurance in accordance with State Council provisional regulations on collection and payment of social insurance and the collection and payment of social security for urban workers in Shanghai carried out several provisions of the regulations.
    Fourth (publicity and treatment) the employer shall participate in the work-related injury insurance about publicity in this unit.
    Employees when injuries occur, the employer shall take measures to enable timely treatment of injured personnel.
    Fifth (Administrative Department), Shanghai Municipal Bureau of labour and social security (hereinafter the municipal labor and Social Security Bureau) is the competent administrative Department for work-related injury insurance, is responsible for the unified management of the city's workers ' compensation insurance.
    District/County Bureau of labor and social security (hereinafter referred to as district and county administrative departments of labor security) is responsible for the specific management of work-related injury insurance work within their respective administrative areas.
    City, district and County work injury insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    Sixth (oversight) municipal labor and Social Security Bureau and other departments to develop policies, standards for work-related injury insurance, shall solicit the views of the trade unions, employers representatives.
    Trade unions shall safeguard the legitimate rights and interests of the injured personnel, supervision work on the employer's workers ' compensation insurance.
    Chapter II the work injury insurance fund article seventh (sources of funds) the work injury insurance fund paid by employers of industrial injury insurance, industrial injury insurance fund's interest and other funds covered by work injury insurance fund according to law.
    The work injury insurance fund when major accident work injury insurance benefits paid in less than, the municipal finance advance. Eighth (payment principle) the employer shall pay the workers ' compensation insurance costs.
    Individuals do not pay a fee for work-related injury insurance of employees.
    Work injury insurance fund according to the principle of fixed income, balance, determine rates.
    Nineth (base pay) the employer pay industrial injury insurance premiums base, in accordance with this unit pay endowment insurance or small town social insurance base OK.
    Tenth (rate) the employer to pay industrial injury insurance implemented basic rate, basic rate unified contribution base 0.5%.
    Employer of accidents on the basis of the basic rate, in accordance with the provisions of the floating rate. Floating rates under employer workers ' compensation insurance costs and accidents rate determined. Floating rates are divided into five files, each file ranges from base 0.5%, float upwards after the highest rate (base rate and floating rate) does not exceed 3% of the contribution base, by floating down the lowest rates does not lower than the base rate.
    Floating rates approved on an annual basis.
    Floating rate of industrial injury insurance and the specific measures formulated by the municipal labor and Social Security Bureau of finance, health, safety production supervision departments, and reported to the municipality for approval before implementation.
    11th (payment) the work injury insurance fund for the treatment of work-related injury insurance, ability to work as provided herein identified as well as the laws and regulations for the payment of other expenses of the workers ' compensation insurance.
    12th (Fund management and supervision) implement the city's overall plan of work injury insurance fund, establishment of a special account, earmarks, no unit or individual shall not be used without permission.
    Municipal Bureau of labour and social security law of industrial injury insurance premium collection and work injury insurance fund to pay for supervision and inspection.
    Municipal financial and auditing departments shall work injury insurance fund revenue and expenditure monitoring and management.
    13th (Agency requirements) requirements for agencies to carry out industrial injury insurance, in accordance with the regulations approved by the financial sector, under budgetary management. Third chapter injury finds 14th article (finds injury range) practitioners has following case one of of, should finds for injury: (a) in work time and work places within, for work reasons by accident hurt of; (ii) work time before and after in work places within, engaged in and work about of prepared sex or ending sex work by accident hurt of; (three) in work time and work places within, for perform work duties by violence, accident hurt of; (four) patient occupational of; (five) for workers out during,
    Due to work injury or accident unknown; (vi) commute, of motor vehicle accident injuries; (VII) legal and administrative regulations shall be considered as work-related injuries in other circumstances.
    15th article (depending on with injury range) practitioners has following case one of of, depending on with injury: (a) in work time and work post, burst disease death or in 48 hours within by rescue invalid death of; (ii) in rescue relief, maintenance national interests, and public interests activities in the by hurt of; (three) practitioners original in army served, for war, and for public wounded disability, has made revolution disability soldiers card, to employing units Hou old injury recurrence of.
    Practitioners have the preceding paragraph (a), (b), in accordance with the relevant provisions of the measures of work-related injury insurance benefits employee preceding paragraph (c), in accordance with the relevant provisions of the measures enjoy work injury insurance benefits except for one-time disability benefits.
    16th (work-related injury excluded) employees, one of the following circumstances, shall not be regarded as or treated as employees injured: (a) casualties due to crime or violation of public security management; (b) drunk cause injuries; (c) self-harm or suicide. 17th (finds that the application) accidents of employees hurt or is in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, injuries from the accident date or date of diagnosis and appraisal of occupational disease in the 30th, to the location of the employer of the district and county administrative departments of labor security work injury cognizance application.
    In special circumstances, with the approval of district and county administrative departments of labor security, applicants may be appropriately extended.
    Employers not complying with the provisions of the preceding paragraph apply for work-related injury certification, employees or their immediate family members, the trade union organization in the accident date or date of diagnosis and appraisal of occupational disease within 1 year, directly to the location of the employer of the district and county administrative departments of labor security work injury cognizance application.
    Employer fails within the time limit specified in the first paragraph of this article work-related injury certification application, occurred during this period in accordance with the provisions relating to the treatment of work-related injuries such as fees shall be borne by the employer.
    18th (work-related injury certification application) submit applications for work-related injury certification shall submit the following materials: (a) work-related injury certification application form, (ii), and employer labor relations (including the fact labor relationship) documentation; (c) the medical diagnosis or the occupational disease certificate (or certificate of diagnosis of occupational disease).
    Work-related injury certification application form shall include the accident time, place, cause damage as well as practitioners and other basic information.
    Submit a work-related injury certification application, in addition to material submitted to the requirements of the preceding paragraph of this article, can also submit the employer, relevant administrative organs or a people's Court has some proof. 19th (accepted) work-related injury certification the applicant within the time limit stipulated in this way the work injury certification application, application materials and complete, district and county administrative departments of labor security shall be from the date of receipt of a work-related injury certification request acceptance notice issued within 10 working days.
    Not admissible, inadmissible district and county administrative departments of labor security and inform the work injury certification the applicant in writing. Work injury certification the applicant within the time limit stipulated in this way the work injury certification application, but the material provided is not complete, district and county administrative departments of labor security shall receive work-related injury certification within 10 working days from the date of the application, a one-time written work-related injury certification all applicants need to supplement materials.
    Work-related injury certification of the applicant requested correction material in the 30th, and district and county administrative departments of labor security case. 20th (investigation and burden of proof) District and county administrative departments of labor security after accepting the work injury certification application, based on the audit will need to be able to investigate the accident verified, employers, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. Occupational-disease diagnosis and identification of the dispute, in accordance with the relevant provisions of the law of prevention and control of occupational diseases.
    Legally obtained the occupational disease certificate or certificate of diagnosis of occupational disease, district and county administrative departments of labor security no longer carry out investigation to verify.
    District and county administrative departments of labor security work-related injury certification when employees 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 of proof.
    21st (identification program) District and county administrative departments of labor security shall accept an application for work-related injury certification within 60 days from the date of work-related injury certification decision, within 10 working days and send the work injury certification decision to apply for a work-related injury certification of practitioners in China or their immediate family members and the organization.
    During a work-related injury certification, work safety, public security, health, Home Affairs and other departments on the accident has not yet been concluded, and the conclusions may affect the ascertainment of, work-related injury certification procedures can be suspended. 22nd article (injury finds decided contains Ming matters) injury finds decided should contains Ming following matters: (a) employing units and injury personnel of basic situation; (ii) injured parts, and accident time and diagnosis and treatment time or occupational name, and hurt after and verified situation, and medical treatment basic situation and diagnosis conclusion; (three) finds for injury, and depending on with injury or finds for not belongs to injury, and not depending on with injury of according to; (four) finds conclusion; (five) refuses to finds decided application administrative reconsideration of sector and term;

    (Vi) determination decisions.
    Work-related injury certification decision shall be sealed by the administrative departments of labor security work-related injury certification Special seal.
    23rd (obligation) District and county administrative departments of labor security in work injury certification decision service to apply for work-related injury certification of employees or their immediate family members and units in which the practitioners, shall notify the work identification of application procedures.
    The fourth chapter of work competency expertise 24th (work competency expertise) employee injuries treated injuries after a relatively stable disabilities, affecting the ability to work, should labour dysfunction and self-care disability work competency expertise.
    Labour disorders are divided into ten grade, self-care barrier is divided into three levels.
    Labour standards in accordance with the relevant provisions of the State. 25th (accreditation body), County, and district labour assessment Committee (hereinafter referred to as Commission) by the labor and social security, personnel at the same level, health and other sectors as well as trade unions, representatives of agencies and employers representatives.
    Municipal, district, County Office of the Identification Commission established pursuant to the labour and social security administrative departments at the same level, is responsible for the identification of the daily work of the Committee.
    City of work competency expertise Center commissioned by the Municipal Commission of identification, is responsible for the occupational personnel work competency expertise and industrial staff once again identified specific services.
    District/County of work competency expertise within the Commission responsible for the administration of industrial personnel work competency expertise.
    Appraisal Committee in accordance with established medical and health experts, work identification.
    26th (work competency expertise on applications) work identification of injured personnel, by the employer, workers ' compensation staff or their immediate family members to apply to the Accreditation Board.
    Of work competency expertise on applications submitted, shall submit the following materials: (a) the completed application form for work competency expertise and (b) work-related injury certification decision; (c) medical insurance appointed medical institutions relevant information on diagnosis and treatment of work-related injuries. 27th (approval procedure) Identification Committee work competency expertise on applications received, it shall be composed of the Group of experts and expert opinion from the Group of experts. Identification according to the expert opinion of the expert group of the Committee, upon receipt of work competency expertise on applications for industrial personnel to work within 60 days from the date of conclusion. If necessary, work identification of the time limit can be extended to 30th.
    Work competency expertise conclusions in time shall be applied for work and identification of the employer, workers ' compensation or their immediate family members.
    Appraisal Committee served in work competency expertise conclusions, shall notify the application work identification of the employer, workers ' compensation or their immediate family members for the treatment of work-related injury insurance procedures, and provides work-related injury insurance benefits application form.
    28th (retesting) for work and identification of the employer, workers ' compensation staff or their immediate family members not satisfied with the work conclusions or occupational disease identification, you can receive the conclusion date of retesting an application made to the Identification Commission in the 15th.
    Not satisfied with the identification of occupational diseases and retesting of applications, appraisal Committee shall be experts, and retesting.
    Conclusion once again as the final conclusions of the Identification Commission.
    29th (review appraisal) work 1 year after the date of conclusion, injuries or their immediate family members, employers or agencies considered changes in disability, can apply for work review and identification.
    30th (appraisal cost) work-related injury of initial work competency expertise on staff costs paid from the work injury insurance fund.
    The employer, workers ' compensation staff or their immediate family members to present identification again, or review the application, conclusion once again upheld the conclusion of expert evaluation or review the conclusions unchanged, appraisal cost will be raised again by appraisal or review application of the employer, work-related injury or their immediate family members bear the conclusions or review the conclusions change again, identification of costs borne by the work injury insurance fund.
    The fifth chapter work injury insurance benefits article 31st (principles of medical) practitioners treat accidents due to work injury or occupational disease, work-related injury medical treatment. Personnel for the treatment of employees injured, medical insurance, should be in the designated medical institution or designated medical institutions for treatment of occupational diseases, when the urgency of the situation, you can go to the nearest medical institution first aid injuries should be timely transferred to medical care fixed-point medical institutions of insurance contract.
    Absolutely necessary to transfer to other provinces and cities in the treatment of work agencies handling personnel shall go through the relevant formalities. 32nd (medical treatment) treatment of work-related injury required medical expenses shall conform to the national, diagnosis and treatment of work-related injury insurance, and this project directory, work injury insurance, medical, work injury insurance, hospital services standard.
    Work injury medical expenses, provided by Medicare, except in accordance with the Fund's portion, the rest from the work injury insurance fund.
    Diagnosis and treatment of the city's workers ' compensation insurance project directory, work injury insurance, medical, work injury insurance, hospital services standard, according to the municipality on basic medical insurance diagnosis and treatment project scope, range and scope of medical services, provides for the implementation of medication.
    Industrial personnel for the treatment of non-injury-related diseases, medical expenses not included in the required scope of work injury insurance fund payment.
    33rd (hospital food, accommodation charges) personnel hospitalized employees injured, by the unit in accordance with the unit standards of food allowances on business 70% to hospital food subsidy approved transfer to other provinces for medical treatment, the required transport and accommodation costs are covered by the unit in China in accordance with this standard on business expenses.
    34th (assistive) due to daily life or employment needs of injured personnel, confirmed by the Identification Commission, prostheses, orthoses, eyes, false teeth and configuration of assistive devices such as wheelchairs, the costs in accordance with the provisions of the State and this municipality standards and paid from the work injury insurance fund assistive devices project.
    35th (shutdown leaves salary treatment) employees suffering work injuries treated with injuries or occupational diseases need to suspend the work, during the shutdown leaves pay period, the original wage benefits unchanged, by the units of the monthly payment. Shutdown leaves pay period does not normally exceed 12 months. Serious injury or exceptional circumstances, confirmed by the Evaluation Committee, may be appropriately extended, but not more than 12 months. Injured officer after grade, suspension of primary treatment, in accordance with the relevant provisions of the measures enjoy the treatment.
    Shutdown leaves injured personnel salaries still needed treatment after the expiry, continue to work-related injury medical treatment.
    Unable to take care of injured personnel at shutdown leaves require paid care, by the units responsible.
    Article 36th (care and treatment) work-related injury have assess personnel levels and identified the Committee recognized the need to care, paid from the work injury insurance fund according to a monthly care fee.
    Life care costs according to subsistence cannot take care of themselves, most of life alone or part pay alone for 3 different levels of life, the standard monthly wage of staff and workers in the city for the last year, respectively 50%, 40% or 30%. 37th (level 1-4 treatment of disability) industrial personnel for work was identified as grade I to grade of disability disability, labor relations, quit the job, enjoy the following benefits: (a) the lump sum disability benefits from the work injury insurance fund. Level of disability, 24 months for wounded personnel in which the previous month salary I secondary disabilities, for 22 months and three levels of disability, for 20 months and four disability, for 18 months; (b) paid from the work injury insurance fund according to a monthly disability benefits. Level of disability, for injured personnel wounded the previous month I pay wage 90% secondary disabilities, 85%; three levels of disability, 80%; four disabled, 75%; (c) the industrial personnel to be in receipt of a monthly pension formalities, suspension of disability benefits and enjoy old-age insurance benefits. Basic old-age pension is lower than for disability allowance, from the work injury insurance fund to make up the difference. Injuries reached the statutory retirement age does not meet the conditions for receiving a monthly pension, from the work injury insurance fund continued to pay disability benefits and (iv) participation, basic medical insurance, the employer and injured personnel to the disability allowance for base monthly pay basic medical insurance, enjoyed basic medical insurance treatment.
    Injuries reached the statutory retirement age continue to receive basic medical insurance treatment. 38th (level 5-6 treatment of disability) industrial personnel for work disability were identified as five levels, six levels of disability, and enjoy the following benefits: (a) the lump sum disability benefits from the work injury insurance fund. Five-category handicapped, wounded 16 months ' staff the previous month I pay wages; six levels of disability, is 14 months; (b) retention and employer labor relations, appropriate work by the employer. It is difficult to work, issued by the employer on a monthly disability allowance. Five-category handicapped, wounded the previous month I pay for injured personnel wages 70%; six levels of disability, is 60%. And paid by the employer and workers ' compensation continued according to the established social insurance fees.
    Disability benefits actual amount is less than the minimum monthly wage of staff and workers in the city, by the employers make up the difference. By injured personnel I have proposed, the injured personnel and employers can discharge or termination of labor relations, the employer paid a one-time injury medical benefit and disability employment grant.
    Five-category handicapped, standard two grants a total of 30 months of the last year the city's average monthly wage of employees; six levels of disability, for 25 months.
    Injury retirements or deaths of termination of labor relations, does not enjoy the treatment prescribed by the second paragraph of this article. 39th (7-10-level treatment of disability) industrial personnel for work disability is identified as a seven-to ten-level disability, enjoy the following benefits: (a) the lump sum disability benefits from the work injury insurance fund. Seven levels of disability, 12 months for wounded personnel in which the previous month I pay wages; eight disabled, for 10 months and nine levels of disability, for 8 months and ten disability for 6 months;

    (Ii) expiration of labor contract termination or injured personnel I discharge the labor contract, the employer paid a one-time injury medical benefit and disability employment grant.
    Seven levels of disability, two grant criteria together for 20 months last year the city's average monthly wage of employees; eight disabled, for 15 months and nine levels of disability, for 10 months, ten disabled for 5 months.
    Injury retirements or deaths of termination of labor relations and taking the first paragraph of this section (b) the provision of treatment.
    40th (recurrence of injury) injury employees injury, confirmed by the Identification Commission in need of treatment, enjoy the article 31st of this approach to the work injury insurance benefits provided for in article 36.
    Or termination of an employment relationship with the employer the lifting of injured personnel, and in accordance with the provisions of this approach enjoy a one-time injury medical benefits and disability employment subsidy, no longer enjoy the treatment provided for in article 31st-36. 41st article (for workers death treatment) practitioners 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 practitioners for workers death Shi 6 months of Shang annual city workers monthly wage; (ii) dependent relatives pension according to practitioners I for workers death Qian month payment wage of must proportion to its before provides main life source, and no labor capacity of relatives. Among them, the spouse 40% a month, other relatives per month 30%; widowed or orphaned per month on the basis of the above standard 10%.
    Approved pensions for dependent relatives in China and should not be higher than before the fatal January salary; (c) the one-time death benefit standards for practitioners who died in 50 months last year when the city's average monthly wage of employees.
    Industrial personnel during the shutdown leaves pay period due to work-related injury resulting in death, their immediate family members enjoy the treatment provided for in the first paragraph of this article.
    A level to four level disability of injury personnel in shutdown left paid expires Hou death of, its immediate family can enjoy this article first paragraph subsection (a) items, and subsection (ii) items provides of treatment; which, in by months received pension yihou death of, its immediate family enjoy of by pension insurance fund paid of funeral grants gold below this article first paragraph subsection (a) items standard of, should by injury insurance fund complement difference.
    Specific for dependent relatives in accordance with the relevant provisions of the State. 42nd article (on payment wage of special provides) this approach 37th article first paragraph subsection (a) items and subsection (ii) items, and 38th article first paragraph subsection (a) items, and 39th article first paragraph subsection (a) items and 41st article first paragraph subsection (ii) items by provides of injury personnel or for workers death personnel wounded Qian or death Qian month payment wage, below Shang annual city workers monthly wage standard of,
    In accordance with work-related injuries or die in work-personnel injured or died last year when the city's average monthly wage of employees determine. 43rd (adjustment in salaries) disability allowance, dependent relative pension, life care standards by the municipal Bureau of labor and social security on the basis of the cost of the city's average wage of staff and changes in the consumer price index adjustment.
    Adjustment mechanism prepared by the municipal labor and Social Security Bureau, reported to the municipality for approval before implementation.
    44th (relations with other compensation) for injuries caused by motor vehicle accidents or other third-party tort, the employer or a work injury insurance fund according to the work-related injury insurance benefits paid as provided herein, injuries or their immediate family members after obtaining civil compensation such as motor vehicle accidents, should be repaid. 45th article (for workers out occurred accident or in rescue relief in the unaccounted for personnel of treatment) practitioners for workers out during occurred accident or in rescue relief in the unaccounted for of, from accident occurred month up 3 months within reproduced wage, from 4th a months up stopped wage, by injury insurance fund according to this approach 41st article first paragraph subsection (ii) items by provides of standard, to its dependent relatives by months paid dependent relatives pension. Life has difficulties, advances may be made of the one-time death benefit 50%.
    Practitioners were declared dead by court, and handling in accordance with article 41st of this approach.
    46th (treatment stop) injured personnel have one of the following, stop the treatment of work-related injury insurance: (a) loss of right to treatment conditions, (ii) refuse to accept work identification of and (iii) refuse treatment; (d) the sentenced was executed in prison.
    47th (insurance liability) the employer split, merger, transfer, successors shall bear the original employer the employment injury insurance.
    Contracted operation of the employer, employment injury insurance borne by employee labor relations unit.
    Period of secondment of employees hurt by accidents, work-related injury insurance liability of the original employer, but only if the employer and the second unit may agree to remedies.
    Bankruptcy, at the time of bankruptcy priority allocated by law shall be paid by the unit cost of work injury insurance benefits.
    48th (outside compensation) employees being sent outbound work, according to the laws of the country or region should be attending work-related injury insurance, attending work-related injury insurance, domestic inductrial discontinued; not participating in work-related injury insurance, domestic work-related injury insurance will not stop, according to the work-related injury insurance benefits as provided herein.
    49th article (handle enjoy treatment of procedures) practitioners for workers casualties of, by injury personnel or its immediate family, and employing units to handling institutions handle injury insurance treatment procedures, and provides following corresponding material: (a) fill in full of injury insurance treatment application table; (ii) injury medical with paid voucher; (three) injury personnel and bear injury responsibility employing units exists labor relationship of proved material; (four) treatment enjoy people of identity proved and the and for workers death personnel of dependent relationship proved;
    (E) proof of the missing or dead material, (vi) other related material. Agency shall, upon receiving the work-related injury insurance benefits from the date of application in the 30th, for injured persons or dependent relative treatment of work-related injury insurance conditions are audited.
    Qualified, approved its treatment standards and paid in full and on time; does not meet the criteria, shall be notified in writing.
    Special provisions on the sixth chapter 50th (part-time employees pay) to hire part-time employees shall be paid by the employing unit in work injury insurance remuneration paid to individuals, by himself in accordance with the provisions of these measures work-related injury insurance contribution base and rate their own contributions.
    51st article (non-full-time practitioners injury treatment) non-full-time practitioners for work suffered accident hurt or patient occupational Hou, and employing units of labor relationship according to Shanghai City labor contract Ordinance of provides implementation, enjoy following injury insurance treatment: (a) according to this approach provides by injury insurance fund paid of injury insurance treatment; (ii) by bear injury responsibility of employing units reference this approach provides paid shutdown left paid period treatment, and shall not below city workers months minimum wage standard;
    (Three) disability a level to four level of, by bear injury responsibility of employing units and injury personnel to enjoy of disability allowance for base, one-time paid basic medical premium to injury personnel arrived statutory retired age, enjoy basic medical insurance treatment; (four) disability five level to 10 level of, by bear injury responsibility of employing units according to this approach provides of standard paid one-time injury medical grant and disability employment grant.
    52nd (HS personnel injury treatment) Association of employers registered with the employment insurance, staff salaries without employer workers ' compensation insurance contribution base.
    Security personnel sustained injuries, work-related injury insurance benefits in accordance with these measures, but the agencies under the approved employer pursuant to the provisions of a floating rate for the year.
    53rd (informal employment labor organization in China industrial injury treatment) informal employment labor organizations in accordance with the measures provided for base pay and pay a fee for work-related injury insurance, paying workers ' compensation insurance fee, registered with the labor and social security departments in accordance with the provisions of employee injuries, you can enjoy these measures work injury insurance benefits paid from the work injury insurance fund.
    Seventh chapter legal responsibility 54th article (labor guarantees administrative sector legal responsibility) labor guarantees administrative sector staff has following case one of of, law give administrative sanctions; plot serious, constitute crime of, law held criminal: (a) no due reason not accepted injury finds application, or fraud will not meet injury conditions of personnel finds for injury personnel of; (ii) not properly custody application injury finds of evidence material, led about evidence out lost of; (three) received party property of. 55th (liability for units and individuals) unit or individual in violation of provisions of misappropriating the work injury insurance fund, which constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to administrative or disciplinary action.
    Recovery of misappropriated funds by the municipal labor and Social Security Council, into the work injury insurance fund.
    Handling institutions has following behavior one of of, by city labor guarantees Council ordered corrected, on directly is responsible for of competent personnel and other responsibility personnel law give disciplinary; plot serious, constitute crime of, law held criminal; caused party economic loss of, by handling institutions law bear compensation responsibility: (a) not by provides save employing units payment and injury personnel enjoy injury insurance treatment situation records of; (ii) not by provides approved injury insurance treatment of; (three) received party property of. 56th (liability to defraud)

    Employer, workers ' compensation, or their immediate family members defraud a work-related injury insurance, medical institutions, industrial injury insurance fund assistive devices configured Agency to defraud by the municipal labor and Social Security Bureau ordered to return the money within, and fined not more than the amount defrauded more than 1 time 3 times; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    57th article (identification institutions legal responsibility) engaged in labor capacity identification of organization or personal has following case one of of, by city labor guarantees Council ordered corrected, and at 2000 Yuan above 10,000 yuan following of fine; plot serious, constitute crime of, law held criminal: (a) provides false identification views of; (ii) provides false diagnosis proved of; (three) received party property of. 58th (is not insured or not insured by payment requirements) the employer shall participate in work-related injury insurance and did not participate in the pay of workers compensation insurance or is not, the administrative departments of labor security shall be ordered to correct, and in accordance with State Council provisional regulations on collection and payment of social insurance and the collection and payment of social security for urban workers in Shanghai several provisions of the relevant regulations.
    Do not participate in work-related injury insurance or does not pay the employer during work injury insurance, employee injuries, injury treatment by the employer for the period in accordance with the provisions of these measures work-related injury insurance items and fees.
    59th (dispute) injured workers and employers work injury benefits dispute, in accordance with the relevant regulations of the labor disputes.
    60th (administrative reconsideration and administrative litigation) units and individuals to the labour and social security administrative departments or agency specific administrative acts in accordance with this Regulation may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    The eighth chapter by-laws article 61st (special provisions on the scope of) State to State organs, public organizations and institutions providing for the work-related injury insurance and private non-enterprise units, adjusted in accordance with State regulations.
    62nd (employing retired officers) the employer employing retired staff injuries, paid by the employer in accordance with the measures provided the work-related injury insurance benefits.
    63rd (old industrial personnel provisions) before the implementation of these measures has suffered injury or an occupational disease and the employer is responsible for paying insurance benefits for employees injured personnel, transfer of their relevant work-related injury insurance benefits paid from the work injury insurance fund and the specific measures, developed separately by the municipal labor and Social Security Bureau and reported to the municipality for approval.
    Specific measures before they were introduced, prescribed in the preceding paragraph of this article ' staff about the work-related injury insurance benefits paid by the employer according to the original method.
    64th (provisions of foreign practitioners), employers, the use of external employee work-related injuries, according to the Shanghai City foreign workers insurance provisional measures relating to work-related injury insurance regulations. 65th (not provided with the participation of) the city participate in the rural social old-age insurance for employers and their workers not to participate in the work-related injury insurance as provided herein.
    Employee work-related injuries, paid by the employer in accordance with the measures provided the work-related injury insurance benefits.
    66th (date) these measures shall take effect on July 1, 2004.
                                On January 1, 2004 the municipality on work-related injury certification, work identification and enjoyment of work injury insurance benefits and other matters, according to the provisions of these measures.