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Implementation Measures For The Work Injury Insurance In Xi ' An City

Original Language Title: 西安市工伤保险实施办法

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(Adopted by the 49th Standing Committee of the People's Government of Western Annai on 13 May 2004 No. 23 of the Order of the People's Government of the Western Indian Republic of 24 May 2004 and published as of 1 July 2004)

Chapter I General
Article 1 protects workers who are victims of accidents or occupational diseases from medical treatment and economic compensation, dispersal of the risk of work injury by units, promotion of safe production, work injury prevention and occupational rehabilitation, and develops this approach in line with the State Department's Regulations on Work injury Insurance, the Modalities for the implementation of industrial injury insurance regulations in the Province of the Republic and the relevant national provisions.
Article 2
Article 3 Work injury insurance registration is carried out in the real name of the insured worker and is reviewed every year. The user units shall indicate the relevant circumstances in the workplace injury insurance.
Persons and employees should comply with the laws and regulations governing labour safety production and occupational diseases, implement safe sanitation protocols and standards, prevent accidents and avoid and reduce occupational diseases.
Employers are injured by accidents, and the user unit must implement the medical rescue measures to ensure that workers are treated in a timely manner.
Article IV. The municipal labour security administration is responsible for the entire municipal work injury insurance.
In urban, district-based establishment of a workplace injury insurance agency (hereinafter referred to as an agency) specifically performs work injury insurance.
The Urban Labour Capacity Identification Commission is responsible for the identification of workers and employees in the city.
Article 5
Chapter II
Article 6. Work injury insurance is charged by local tax authorities.
The Ministry of Labour guarantees the administration and the financial, the auditing administration, in accordance with the provisions of the Work injury Insurance Regulations and the scheme, oversees the payment and management of the work injury insurance fund.
Article 7. The work injury insurance fund shall be paid by the agent's unit, interest earned on the work injury insurance fund and other funds shall be included in accordance with the law.
Article 8. Employers do not pay their work injury contributions. The contribution to work injury is paid as follows:
(i) The sum of the average monthly salary of the employee of the unit in the amount of the employee's contribution to the work injury is calculated at the unitary rate.
(ii) An average salary of 60 per cent of the average monthly salary of the employee in the current city, 60 per cent of the average monthly salary of the employee in the current city, up from 30 per cent of the average monthly salary of the employee in the current city, and 30 per cent of the average monthly salary of the employee in the current city, with an average of 30 per cent per cent of the annual employee's salary in the current city as a contribution base, exceeding that of some of the user units no longer pay.
(iii) Individual commercial and industrial workers with employment are paying an average monthly wage of workers in this city.
Article 9 Industrial differential rates are implemented in accordance with national standards. The buoyage rate has been adjusted within the framework of national provisions, in accordance with the annual rate of work injury, the use of work injury and the level of occupational illness in the user unit.
For the first time, the office determines the payment rate of the royalties of the user's unit, with the scope of the operation of the Corporate Legal Licence or the Business Licence, as determined by the baseline rate of the type of industry covered in the Work injury Insurance industry. The scope of business is cross-sector and is determined in accordance with the high-risk industry.
Article 10
(i) Medical expenses for disabled workers;
(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) Accreditation fees for subsidiary equipment;
(ix) Costs for work injury recovery;
(x) Accreditation fees for working injury workers' labour capacity;
(xi) Other costs specified in the legislation.
Article 11. The work injury insurance treatment during the unpaid period was paid by the agent's unit in accordance with the work injury insurance regulations and the standards set out in this scheme.
Article 12 The municipal labour security administration should draw 10 per cent of the work injury insurance funds collected in the year and establish a risk reserve for work injury insurance treatment for major accidents in the city. When the reserve is not paid, the municipal financial advances are paid.
Chapter III
Article 13 Work injury determines the principle of territorial management.
The office shall be informed within 24 hours after an accident involving work injury by a person's unit. The employment injury determination shall be submitted to the Labour Security Administration within 30 days of the date of the injury to the worker or the date of the medical examination of the occupational illness. In exceptional cases, the time limit for application could be extended appropriately, with the consent of the labour security administration.
In the absence of a request for work injury determination under the preceding paragraph, the worker or his immediate family, the trade union organization may, in one year from the date of the accident injury or the date of the medical examination of the occupational illness, make a request for employment injury directly to the labour security administration.
The user unit did not submit a claim for work injury within the prescribed time frame, during which the associated costs, such as the treatment of work and injuries, were borne by the user unit.
Article 14. The application for industrial injury determination shall be completed and the following material shall be submitted:
(i) Documentation of the worker's status, copy of the labour contract or proof of labour relations with the user's unit (including de facto labour relations);
(ii) Post-harge of illnesses, inpatient illnesses, diagnostic certificates or occupational diagnostic certificates.
Article 15. The following shall be provided with relevant evidence:
(i) Work-related injury in the production of accidents shall be submitted to the Office of the United Nations High Commissioner for Human Rights (OHCHR) for a record-keeping and an incident survey of the agent's units;
(ii) In the determination of occupational diseases, initial information (or health files) for toxic hazardous work species and medical institutions with occupational diagnostic rights should be submitted;
(iii) The judgement of the public security authority or the People's Court of Justice or other effective testimony due to violence in the performance of its duties;
(iv) As a result of injuries to motor vehicle accidents, a certificate of responsibility or other effective legal instruments to be submitted to the public safety transport management;
(v) In the course of work, evidence or other evidence from the public security sector should be submitted due to the injury caused by the work; the accident was not to be determined as a result of the death of the worker and should be submitted to the People's Court to pronounce the judgement of the death;
(vi) In working hours and working hours, sudden sickness deaths or unavoidable deaths within 48 hours shall be submitted to medical institutions for information and death certificates;
(vii) The harm suffered in the maintenance of national interests, public interest activities, such as the seizure of disaster, shall be submitted to evidence from the relevant sectors of the Government of the affected people at the district level above;
(viii) The rehabilitation, demobilization and reintegration of military personnel due to public, war-related injury, and the recovery of old injuries, shall be submitted to the Revolutionary Military Liquidation and to the Board for the identification of old injuries.
The information should be provided in writing for special cases where the relevant material is not available.
The labour security administration should inform, within 15 working days, that the applicant's material needs to be filled. The applicant shall supplement all the material from 30 days of the date of the communication.
The applicant's application material is complete and falls within the jurisdiction of the labour security administration and within the time limits for the acceptance of the statute of limitations.
Article 16 provides that the labour security administration may be inadmissible and a letter of inadmissibility.
(i) None of the requirement for a statute of limitation;
(ii) The underlying facts of the injury described above are incomplete and the material is incomplete;
(iii) Be not in accordance with the provisions of jurisdiction or in the absence of a written commission;
(iv) The parties sue the People's Court for the treatment of injuries and the fact that the judgement of the People's Court does not fall within the scope of the injury;
(v) Both parties have reached agreement on the treatment of injuries and have been implemented by the labour arbitration body or by conciliation by labour arbitration;
(vi) Other cases incompatible with the provisions of this approach.
Article 17, after the Labour Security Administration considers the application for work injury, it may be verified on the basis of the review. The user units, workers and workers, trade union organizations, medical institutions and relevant departments should assist in the investigation and provision of evidence. The Labour Security Administration may also, in accordance with the needs of its work, entrust the executive or related sectors with investigation verification. The Labour Guarantees Administration will no longer investigate the verification of the certificates of occupational illness diagnosis or the certificates of occupational illness diagnosis.
The worker or his immediate family are considered to be a worker injury and the person's unit is not considered to be a work injury and the burden of proof is borne by the user unit. A person's unit rejects the evidence that the labour security administration can make a finding of work injury based on the evidence provided by the injured worker.
Article 18 The Labour Security Administration shall take a decision on the determination of work injury within 60 days of the date of receipt of the employment injury determination and, within 15 working days of the date of the decision of the worker's injury determination, transmit the notice of the decision to the worker (or his or her immediate family) and the employee's unit and courier the work injury insurance agency.
The time frame for dealing with labour relations in accordance with statutory procedures is not calculated within the time period determined by the injury.
Chapter IV
Article 19 Labour capacity identification includes, inter alia, the following:
(i) Identification of the level of labour functional barriers;
(ii) Identification of the level of self-pace barriers;
(iii) Recognition of the extension of the duration of the work stay;
(iv) Confirmation of illness resulting directly from work injury;
(v) Confirmation of a supporting tool;
(vi) Accreditation for the full loss of labour capacity by relatives;
(vii) Other matters under the law, legislation and regulations.
Article 20 Employees are injured by the existence of disability and the impact on labour capacity after the treatment is relatively stable, and labour capacity should be identified.
The labour capacity is identified as an application by a user unit, a worker or his or her immediate family to the ICRM and provides the following information:
(i) The conclusion of the finding of work injury by the executive branch;
(ii) Information such as medical diagnostic certificates from the work-related medical service, medical treatment and related inspection results reports.
Article 21, which requires the identification of units or individuals, is inconsistency with the findings made by the ICRM and may apply for re-identification within 15 days of the receipt of the findings.
Article 22 Posts of the date on which the worker and his relatives, the head of the unit or the office of the institution have been found to change the disability situation and may apply for a review of the labour capacity. The review of the findings did not change and the identification costs were borne by the applicant.
Chapter V
Under article 23, workers receive medical treatment for work injury and occupational illnesses.
The treatment of work injuries should be medically available in the form of a service agreement, which may be first resort to the first aid of near-school medical institutions.
The cost of treatment is in line with the State-mandated directory of work injury insurance treatment projects, the directory of work injury insurance medicines, and the standards of hospitalization for work injury insurance services.
Employees' inpatient treatment work injury is paid by the unit in accordance with 70 per cent of the standard of payment for public travellers. Workers who work injury needs to be treated in the field, and medical agencies have proven to report to the Agency for approval and process referral procedures. The required transportation, accommodation costs are reimbursed by the unit in accordance with the standards for the conduct of the mission.
The treatment of non-worker injuries by workers does not enjoy the treatment of work injury and is addressed in accordance with the basic health insurance scheme in this city.
Article 24 requires suspension of the medical treatment of workers for work injury or occupational illnesses, which is paid by the unit in the period of suspension of work. After the employee's assessment of the level of disability, after the last month of the Commission's identification findings, the ex-antenatal treatment was discontinued and the disability treatment was enjoyed in accordance with the relevant provisions of the Work injury Insurance Regulations and this approach.
Employees continue to receive medical treatment after the termination of their work.
Life care is not self-sustainable for workers and injured workers in the lifetime of the staying period, which is the responsibility of the unit.
In the period of suspension of work, a worker may not be removed or terminated his or her labour relationship.
Article 25 Employees need to be installed, equipped with supporting equipment, and recommended by the worker's medical service agency, and the Labour Capacity Identification Commission confirmed that the installation, configuration of the work injury support body was installed and installed. Its costs are addressed directly by the Office of the United Nations High Commissioner for Human Rights and the Agency's services.
Article 26 Employees are identified as maiming at the level to four levels, retain labour relations, withdraw from their jobs, and are treated with disability in accordance with article 32 and article 33 of the Work injury insurance regulations.
Article 27, paragraphs 5 to 6, voluntarily removed labour relations with the user's unit, which is based on the average monthly salary of employees in this city, paying 24 months, 21 months of a one-time injury medical grant and 24 months and 21 months of disability employment benefits.
The twenty-eighth grades 7 to 10 work-related injury workers are one of the following cases, and a one-time work injury medical grant and disability employment benefits are paid by the user unit to the employee:
(i) The voluntary removal of labour relations by themselves;
(ii) The removal of labour relations by a person unit in accordance with article 25 of the Labour Code;
(iii) End labour relations with the expiration of labour contracts.
A one-time work injury medical benefits and disability employment benefits are based on the average monthly salary for workers in the current city when the labour relationship is dissolved or terminated. The standard for a one-time work injury medical grant is 7 15 months, 12 months, 9 months, 10 months, and one-time disability employment grant is: 7-15 months, 8 months, 9 months, 106 months.
Article 29 Employees are less than five years from the statutory retirement age, and a one-time injury medical grant and disability employment benefits are paid at a 20 per cent reduction rate per year, which is paid by 10 per cent in full for less than 1 year. Employees who have reached retirement age or are in the process of retirement are not granted a lump-sum medical benefit and disability employment benefits.
Article 33, paras. 24 and 25 of the scheme provides for work injury insurance.
Article 31 provides for a one-time surviving benefit for the death of the worker, which is based on the average monthly salary of the employee in the current city and is payable to a lump-sum benefit of work for a period of 48 months to 60 months. In accordance with article 14, subparagraphs (i), (ii), (iv), (v), (vi), (vii) and 15, subparagraph (i), of the Work injury Insurance Regulations, the death grant was granted to 48 months, in accordance with article 14, subparagraph (iii), article 15 (ii), of the Work injury insurance regulations, for a period of 54 months, and was awarded to the surviving benefit for the 60-month period.
Article 32, a worker injury accident and a civil compensation (including a traffic accident), is treated on the basis of civil compensation, which is less than the standard of treatment for work injury insurance, and the difference is added to the work injury insurance fund.
Article 33 Insolvency, cancellation, dissolution or closure of an owner's unit, the written notice shall be given, within 15 days of the date of the notice, to the institution participating in the liquidation of the property and, in accordance with the law, shall give priority to the payment of the cost of treatment for work injury insurance paid by the agent's unit and in accordance with the relevant provisions of the State.
Workers who receive disability benefits at the level of up to four levels, those who receive the benefits of the breadwinner and those who have been retired, are paid by the agency.
V-10 workers who have not attained the mandatory retirement age are paid by a person's unit in accordance with the criteria set out in article 27 of this scheme and article 28, a one-time work injury medical grant and disability employment benefits and termination of work injury insurance relations.
Chapter VI Oversight and management
Article 34, Agency-specific insurance, performs the following duties:
(i) To verify the total wages and the number of workers employed by the user unit, to conduct the work injury insurance registration and to maintain the record of the payment of the royalties and the treatment of the worker;
(ii) Surveys and statistics on work injury insurance;
(iii) Approval of work injury insurance treatment;
(iv) Managing expenditures of the work injury insurance fund in accordance with the provisions;
(v) The regular publication of the income and expenditure of the Work injury Insurance Fund and the timely adjustment rate;
(vi) Provide free counselling services for workers or their immediate family members.
Article XV of the Labour Guarantees Administration conducts a monitoring review of the payment of the work 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.
Trade union organizations at all levels maintain the legitimate rights and interests of workers and injured workers in accordance with the law and supervise the work injury insurance of the user unit.
Any organization or person concerned with the offence of work injury insurance shall be entitled to report. The Labour Security Administration should investigate reports in a timely manner, deal with them in accordance with the provisions and keep the reporting person confidential.
Article 37 Disputes relating to the treatment of workers and agents are dealt with in accordance with the relevant provisions dealing with labour disputes.
In one of the following cases, units and individuals may apply for administrative review in accordance with the law, and administrative proceedings may be instituted in accordance with the law:
(i) Applying to the worker or his or her immediate family, the employee's unit does not determine the conclusion of the injury;
(ii) The contributory rate of the unit established by the Office of the United Nations High Commissioner for Human Rights;
(iii) The medical institutions, the subsidiary body responsible for the signing of the service agreement are of the view that the institution does not meet the relevant agreements or provisions;
(iv) Employers or their immediate family members object to the treatment of work injury insurance approved by the institution.
In accordance with this approach, the user unit should be absent from the work injury insurance, and the labour security administration order is changing. The user unit did not participate in the work injury insurance, and the employee was injured by the user's unit paying the costs in accordance with the work injury insurance projects and standards set out in the scheme.
Chapter VII
Article 40 shall, within 30 days of the date of operation of this scheme, be the subject of a business licence or a certificate of social insurance registration, to be declared by the institution of the institution. The user units established after the introduction of this approach shall be subject to the above-mentioned work-related injury insurance within 30 days of the date of the establishment.
Article 40
Article 42