In Shaanxi Province, The Implementation Of The Measures Of Work-Related Injury Insurance Ordinance

Original Language Title: 陕西省实施《工伤保险条例》办法

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(April 2, 2004, Shaanxi Provincial people's Government, the 97th released as of June 1, 2004) first according to the work-related injury insurance Ordinance (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.
    Article in the administrative area of the province all kinds of enterprises, employees of individual businesses (hereinafter referred to as the employer) and formed labour relations of workers (hereinafter referred to as workers '), these measures shall apply.
    Third Administrative Department of people's Governments above the county level labor and social security (hereinafter referred to as the labour and social security administrative departments) work-related injury insurance institutions established in accordance with the relevant provisions of the State Council (hereinafter referred to as the Agency) funding, included in the financial budgets.
    Fourth the work injury insurance fund in the city divided into districts implement the city's overall plan, except as otherwise provided.
    Fifth work injury insurance fees collected by the local tax authorities.
    Administrative departments of labor security and financial, auditing, administration in accordance with the provisions of the Ordinance and these rules, the oversight of payment and management of the work injury insurance fund. Sixth the agencies shall, in accordance with the employer's business register and produce a business case in accordance with differential rates in different sectors, determine the employer contribution rate for the first time.
    Unit production the formation of, and in accordance with defined-contribution rates in the industry with higher risk.
    Agencies shall, in accordance with the employer work injury insurance, hazard levels, incidence of work-related injuries and occupational diseases, timely adjustment of rates recommended by the unit, after approval by the integrated regional labour and social security administrative departments, the employer contribution rate is adjusted.
    Article seventh work injury insurance fund according to the following provisions: (a) the annual average monthly wages on the employer by the employees in this unit multiplied by product companies pay rates pay, employees do not pay.
    (B) the employers ' average wages below where last year's average monthly wage of employees 60%, with 60% as the annual average monthly wages of workers on the seat base; wages higher than those where last year's average monthly wage of employees 300%, where last year's average monthly wage of employees 300% as a base excess employer stopped paying.
    (C) where the employees of individual businesses to workers ' monthly salary of the previous year as the base to pay industrial injury insurance.
    Eighth article injury insurance fund for following project spending: (a) injury medical; (ii) a to four level injury personnel 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 configuration fee; (nine) injury rehabilitation fee; (10) injury workers labor capacity identification fee; (11) legal, and regulations provides of other costs.
    Nineth employing units of industrial injury insurance premium arrears, arrears paid from the work injury insurance fund workers ' compensation insurance before treatment of the injured worker and injuries occurred during the unpaid workers, its outstanding workers ' compensation insurance for the period of treatment by the employer in accordance with the Ordinance and the items and standards of payment as provided herein, compensation paid from the work injury insurance fund after filling. Tenth pooling area should be charged from the work injury insurance fund 10% risks reserve for major accident work injury insurance benefits paid in the region.
    Specific measures for the use of the contingency reserve by provincial authorities and the administrative departments of Labor Security Administration separately. 11th the applicant shall, in accordance with the regulations and the provisions of the work-related injury certification approach, to register with the workers ' compensation insurance and integrated administrative departments of labor security work injury cognizance application or treated as a work-related injury certification application.
    Belongs to following situation of should provides related proved material: (a) due to traffic accident by hurt of, submitted police traffic management sector of responsibility finds book or other effective of legal instruments, related proved; (ii) in rescue relief, maintenance national interests, and public interests activities in the by hurt of, submitted incident to County above Government about sector issued of proved; (three) for perform work duties by violence hurt of, submitted police sector of proved, and Court of judgement or other proved; (Four) belongs to for public, and for war disability of jobs, and demobilization veterans old injury recurrence of, submitted home sector issued of revolution disability soldiers card and labor capacity identification Committee made of old injury recurrence of identification proved; workers old injury recurrence of, submitted labor guarantees administrative sector made of injury finds decided book and labor capacity identification Committee made of old injury recurrence of identification conclusion; (five) work during burst disease death of, submitted medical institutions of death certificate; (six) for work out during,
    Needs identified in fatal accident unaccounted for and submitted to the people's Court to declare the death of the judgment. 12th material provided by the applicant is not complete, in the administrative departments of labor security in the 15th, inform the applicant in writing at once requires corrections of all materials.
    Applicants shall be informed within 30th of corrections all the materials.
    According to the statutory procedures deal with labor disputes of the time does not count injury within the identified time frame. 13th of provinces and districts and cities work competency expertise on the Committee of medical experts should be established.
    Provinces and districts and cities work competency expertise Commission offices are located in labour and social security administrative departments at the same level.
    14th article labor capacity identification including following content: (a) labor function obstacles degree grade of identification; (ii) life themselves obstacles degree grade of identification; (three) shutdown left paid period extended of confirmed; (four) injury directly led to disease of confirmed; (five) configuration auxiliary apparatus of confirmed; (six) dependent relatives completely lost labor capacity of identification; (seven) legal, and regulations provides of other matters. 15th the labor ability of the applicant to the District Committee work competency expertise on applications, shall submit a work-related injury certification decisions, proving information such as medical records, examination results, diagnosis and treatment.
    The applicant believes injuries led directly to other diseases, shall also submit the proof-related injury issued by a medical institution. 16th article injury workers of initial labor capacity identification, and injury directly led to disease confirmed, and configuration auxiliary apparatus confirmed and dependent relatives completely lost labor capacity identification, its costs by injury insurance fund paid; again identification or review identification of costs, identification conclusion not change of by applicants burden, identification conclusion change of by injury insurance fund paid; shutdown left paid period extended confirmed of costs, by employing units bear.
    Do not participate in work-related injury insurance or to pay industrial injury insurance, appraisal costs borne by the employer.
    Labor appraisal fees by the provincial labor and social security administration departments finance, price administration departments.
    17th administrative measures for occupational medical services, according to state regulations by the provincial labor and social security administration departments separately. 18th injured workers on lay-off period salary, the employer shall not discharge or termination of labor relations. Shutdown leaves salaries expired, occupational medical services proof of continued to leave, in accordance with the regulations of article 31st shutdown leaves pay period to be extended. The employer does not agree to extend, by the employer to the district city of work competency expertise on application to the Commission.
    Employer fails to apply for confirmation is deemed agreed to extend. 19th article application dependent relatives pension treatment of, should holding for workers death injury finds decided and to handling institutions provides following material: (a) was dependent people booklet, and ID; (ii) was dependent people where of subdistrict offices, and township government issued of was dependent people economic status proved; (three) home sector issued of was dependent people for belonged or orphans of proved; (four) workers died workers of raised parents, and raised children of public certificate; (five) was dependent people completely lost labor capacity of,
    Districts are required work competency expertise on the Committee's work, expert conclusions. 20th injured workers need to install, configure, assistive devices, by the occupational health services recommendation, confirmed by the labour assessment Committee, work-related assistive devices service installation and configuration.
    Its costs directly by the Agency and work-related assistive devices services settlement.
    21st injured workers since work competency expertise on the Committee conclusions of the month treatment of work-related injury. 22nd level to four injured worker reaches the statutory retirement age, retirement formalities should, suspension of disability allowance, access to basic old-age insurance benefits.
    Approved basic pension, industrial workers ' basic old-age pension is lower than the difference of disability allowance from the work injury insurance fund up.
    23rd five-and six injured workers as I proposed, and employer labor relations, labor relations unit to release the location of the workers ' monthly salary of the previous year as the base, paid 24 months and 21 months respectively by the one-time injury medical benefit and one-time disabled employment subsidy of 24 months and 21 months.
    24th between seven and ten injured workers have one of the following conditions, paid by the employer to employees one-time injury medical benefit and disability employment grant: (a) voluntary termination of labor relations I, (ii) the employer according to the 25th article of the Labour Code stipulates termination of labor relations and (iii) the expiration of labor contract termination of labor relations. One-time injury medical benefit and disability employment grant to rescission or termination of an employment relationship where workers ' monthly salary of the previous year as the base.
    One-time injury medical benefit criteria are as follows: seven levels of 15 months, eight levels of 12 months, nine 9 months, ten 6 month; one-time disability employment grant criteria are as follows: seven levels of 15 months, eight levels of 12 months, nine 9 months, 10 levels of 6 months. 25th injured workers of less than 5 years from the legal retirement age, a one-time injury medical benefits and disability employment subsidy payments at the 1 per cent decline in 20% standard. But away from the mandatory retirement age less than 1 year of 10% paid in full. Injured worker reaches retirement age or retirement formalities, does not enjoy a one-time injury medical benefit and disability employment grant.

    26th, revocation, dissolution or bankruptcy of the employer closing shall be from the date of notice in the 15th, notify the organizing bodies participating in liquidation, and a priority in the liquidation proceeds from asset allocation of work injury insurance benefits costs should be paid by the employer.
    Level of disability allowance to four injured workers, enjoy the dependent relative pension treatment and retired injured personnel, in line with the work injury insurance fund paid project work injury insurance benefits paid by the Agency.
    Not reached the statutory retirement age from five to ten injured workers, by the employer in accordance with the criteria set out in article 23rd, 24th, and payment of the one-time injury medical benefit and disability employment grant and termination of work-related injury insurance.
    27th disability benefits for injured workers, care benefits, dependent relatives by districts, administrative departments of labor security in accordance with the local average wage of staff and changes in the cost of living for 1 to 3 years, once to the provincial labor and social security administration departments.
    28th employees working in the unit for less than 1 year and injuries occurred in the calculation of work-related injuries are treated, monthly salary, can actually work a month's average wage calculated on; no monthly salary, annual workers ' monthly salary calculated on this unit.
    29th article before the implementation of the regulation by accident or workers suffering from occupational diseases, work-related injury certification decisions already taken, no longer changes the treatment of work-related injuries and to pay channels, but the local disability allowance, the care and maintenance of relative pension adjustment; industrial injury decision had yet been made, in accordance with the provisions of the Ordinance and these rules.
                                                                                                                          30th article of the implementing measures shall take effect on June 1, 2004.

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