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

Original Language Title: 青海省实施《工伤保险条例》办法

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(May 14, 2004 consideration at the 14th General meeting of Qinghai province on May 19, 2004 42nd release of Qinghai province as of July 1, 2004) Chapter I General provisions article I 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) shall, in accordance with the Ordinance and these regulations to participate in work-related injury insurance for workers or employees of the unit (hereinafter employees) pay a fee for work-related injury insurance.
    Within the administrative region of this province all categories of employees and self-employed workers, are in accordance with the regulations and the right to work-related injury insurance benefits as provided herein.
    Concrete steps are employees of individual businesses to participate in work-related injury insurance, developed separately by the provincial people's Government. Third provincial labour and social security administrative departments are responsible for 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.
    The social insurance agency (hereinafter the Agency), specifically in the work-related injury insurance clerical.
    Fourth work injury insurance fees by the Agency in accordance with the provisions of the State Council provisional regulations on collection and payment of social security levy. Chapter fifth the work injury insurance fund the work injury insurance fund State (or municipal) level overall, in accordance with the principle of fixed income, balanced team of mobilization.
    Units of the Central Government in green industry and manpower to implement a provincial management of industrial injury insurance.
    Sixth the employer shall, in accordance with the regulations and provisions of this approach to co-ordinating agency for the work-related injury insurance in the area of registration, the Agency should be processed from the date of acceptance of the 10th.
    Employer workers ' compensation insurance registration is changed or terminated according to law, shall from the date of modification or termination within 30th to the agencies for the work-related injury insurance change or cancellation procedures.
    Article seventh provincial administrative departments of labor security in conjunction with the provincial fiscal, health, safety supervision and management departments in accordance with the workers ' compensation insurance costs, level of incidence of work-related injuries, occupational hazards, establish industry benchmark rates, submitted to the provincial people's Government Executive. Agency in accordance with the employer's business registration and operation of production, determine the employer's industry risk category.
    In accordance with the industry-benchmark rates determine the employer contribution rate for the first time, by co-ordinating regional labour and social security administrative departments, integrated and regional people's Government for approval. Eighth an employer should be determined in accordance with rates above the annual workers ' base wages monthly to co-ordinate regional agencies reporting work-related injury insurance, contributions, and paid their workers ' compensation insurance costs. Employers on wages lower than the overall average wage of staff and 60% of the year, according to 60% pay is higher than 300%, 300% payment.
    Employer to pay industrial injury insurance premium under overhead expenses.
    Bankruptcy, according to last year's actual costs paid from the work injury insurance fund, according to the legal liquidation procedures, from the realization of assets in a one-time payment of 10 industrial injury insurance. Nineth employing units in accordance with the way article seventh initial contribution rate of pay. A sector of the industry, based on benchmark rates payment, do not put a floating rate. Are two or three sectors, by the agencies under the employer work injury insurance, hazard levels, incidence of work-related injuries, occupational diseases and other factors, 1-3 floating again.
    Floating rates of specific measures and manpower by the labour administrative departments of finance, health, safety supervision and management departments, and submitted to the provincial labor and social security administration departments.
    Tenth the work injury insurance fund constituted by the following items: (a) the employer to pay industrial injury insurance, (ii) interest income derived from the work injury insurance fund; (c) the laws and regulations of the other funds. 11th 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 fee; (nine) injury rehabilitation fee; (10) labor capacity identification fee and the other and injury associated of identification fee; (11) legal, and regulations provides of for
    Other costs of work-related injury insurance. 12th the work injury insurance reserves in an integrated area established for the unit. Proportion of reserves in accordance with the work-related injury insurance fees actually collected that year 10% of the arrangements for co-ordinating major accident work injury insurance benefits paid, and in those days the work injury insurance fund expenditures exceeded real income part of the payment.
    Industrial injury insurance funds balances for the current year portion into industrial injury insurance reserves, when reserves are insufficient to pay, from the film advances from the regional people's Government. Third chapter finds 13th employer, the injured employees or their immediate family members, the Trade Union Organization (hereinafter the applicant) applied for ascertainment of, article 17th should be in accordance with the Ordinance of time to co-ordinate the administrative departments of labor security.
    Due to traffic accidents, missing, due to a business trip during the accident and subject to other conditions not yet prescribed time limit to apply for work-related injury certification, with the approval of integrated regional labour and social security administrative departments, applicants can be appropriately extended.
    14th article proposed injury finds application should submitted following material: (a) injury finds application table; (ii) labor contract text or effective proved (including facts labor relationship of proved material) copies; (three) injury medical institutions issued of by hurt workers newly diagnosed diagnosis proved book, or province health administrative sector approved of occupational diagnosis institutions issued of occupational diagnosis proved book (or occupational diagnosis testimonials). 15th article belongs to following situation of also should provides related proved material: (a) for perform work duties by violence, accident hurt of, submitted police organ of proved and the other effective proved; (ii) for workers out during occurred accident or in rescue relief in the missing unaccounted for finds for workers death of, submitted Court declared death of conclusion; (three) by motor vehicle car accident hurt of, should submitted police traffic management sector of responsibility finds book or units of proved; (four) complex back soldiers old injury recurrence of, submitted
    Disabled revolutionary certificates and identification of the work injury recurrence of conclusions of the Committee; (e) was hurt in safeguarding national interests, public interest activities, submit the certificate issued by the Department or other relevant departments.
    16th administrative departments of labor security work-related injury certification of the applicant after the application, should be audited, not complete the application materials, labour and social security administrative departments shall within 15 business days or in writing at once inform all applicants need to supplement materials. After correction in accordance with the written request of the applicant the materials, labor and social security administrative departments shall accept.
    Labour and social security administrative departments shall be accepted within 60 days after the work-related injury certification decisions, issued the notification of work-related injury certification, sent to employers, injured workers, or their immediate family members and agencies.
    17th administrative departments of labor security accepts an application for work-related injury certification, ask the employer to submit relevant material is overdue, or the employer is not considered a work-related injury and does not discharge the burden of proof, administrative departments of labor security in accordance with the evidence provided by employees or their immediate family members, after investigation and verification in accordance with work-related injury certification conclusions. The fourth chapter of work competency expertise 18th provincial and State (or municipal) labour assessment Committee by the labour and social security administrative departments at the same level, personnel administration, health administration, trade unions, representatives of agencies and employers representatives. Labour assessment Committee Office in the labour and social security administrative departments at the same level, responsible for work and identification of their daily work.
    Labor capacity identification Committee bear following duties: (a) injury workers labor function obstacles degree grade identification (that disability grade identification); (ii) life themselves obstacles degree grade identification; (three) extended shutdown left paid period confirmed; (four) configuration auxiliary apparatus confirmed; (five) old injury recurrence confirmed; (six) disease and injury associated confirmed; (seven) workers died workers dependent relatives completely lost labor capacity identification.
    Article 19th of work competency expertise should be in accordance with the regulations of the Commission article 24th of established medical and health experts, included in the database of experts, by the employment of work competency expertise on the Committee.
    Work members of the Identification Commission or participate in the identification of experts and parties interested should be avoided.
    20th article injury workers by treatment injury relative stable Hou exists disability effect labor capacity of, should to and manpower area labor capacity identification Committee proposed labor capacity identification written application, and submitted following material: (a) injury finds notice; (ii) labor capacity identification table; (three) injury medical institutions issued of records, and diagnosis proved, and check, and test information; (four) labor capacity identification Committee provides of other material. 21st work competency expertise on the Committee after receiving a work competency expertise on request, in accordance with article 25th of the regulations of the program evaluation, work competency expertise on confirmation of the conclusions and relevant conclusions, and of the industrial permit issued by the administrative departments of labor security.
    Appraisal table of the work unit and the Agency kept separately, the occupational certificate kept by injured workers. 22nd the applicant State (or municipal) Labour refuses to accept the conclusions of the appraisal Committee, may, in accordance with the regulations under article 26th retesting an application made to the province of work competency expertise Committee, province of work competency expertise work competency expertise conclusions made by the Committee for a final conclusion.
    Retesting the application exceeds the allotted time, provincial labour assessment Committee is inadmissible. Injured worker disability identification changes will need to review, in accordance with article 28th of the regulations.

    23rd working ability appraisal fee, participation in work-related injury insurance injured workers covered by the work injury insurance fund, did not participate in the work-related injury insurance or not paid in work injury insurance premiums borne by the employer.
    Application identification or review their conclusions were identified again, no change, and no direct causality to identify diseases and work-related, appraisal cost borne by the applicant. Fifth chapter work injury insurance benefits article 24th injured workers need to suspend work for treatment, in accordance with the regulations of article 31st enjoy shutdown leaves salary treatment.
    Shutdown leaves pay period specified shall be separately formulated by the provincial labor and social security administration departments.
    Injured workers shut down the pay period, the employer shall not discharge or termination of labor relations. 25th employee injured employers should be timely sent to injury medical institution, can be to the nearest medical institution when an emergency rescue, out of danger should be directed to the injury after medical treatment in medical institutions.
    At the field hospital where he was treated, the employing unit shall, from the date of injury reports to the Agency in the 15th. List of requirements for treatment of work-related injuries in accordance with occupational health standards, paid from the work injury insurance fund.
    Medical treatment beyond the list of work-related medical projects should, with the consent of employees injured employees or family members agree, the cost borne by the injured worker. Article 26th injured worker suffered recurrence (including disabled revolutionary servicemen and old injury), occupational medical proof of diagnosis, work competency expertise on the Committee confirmed, work-related injury medical treatment. Really necessary to stop treatment, you can enjoy the shutdown leaves salary treatment. Need to live to their countries of origin for medical treatment, should be in my choice of place of residence for a long time as healing injuries hospital injury medical institutions, by the employer to the agencies to go through examination and approval procedures.
    Without the approval from the Occupational medical costs, the work injury insurance fund not be paid.
    27th rehabilitative treatment of injured workers, comment by injury medical institutions, approval of the Agency, to a specific rehabilitation treatment in medical institutions. 28th injured workers or their immediate family members to apply for work-related injury insurance benefits, and submitted to the Agency by the employer of the work-related injury insurance benefits application form, certificates of ascertainment of the notice, the work-related injury and the table of work competency expertise.
    Employer refused to submit application for treatment of work-related injury insurance, injured workers or their immediate family members may be submitted directly to the agency work injury insurance benefits application.
    Application enjoy dependent relatives pension treatment of, according to by application of treatment project submitted following related added material: (a) was dependent people booklet, and ID, and police household management sector issued of survival proved; (ii) Township government, and subdistrict offices issued of no life source proved; (three) home sector issued of belonged or orphans of proved; (four) raised parents, and raised children of relationship proved; (five) dependent relatives completely lost labor capacity of identification conclusion;
    (F) the administrative departments of labor security of other materials. Article 29th agencies after receiving application materials submitted by the applicant, should be approved in the 15th, and according to the provisions related to the treatment.
    Should receive a disability allowance, living cost, dependent relatives and one-time disability benefits, since the work appraisal Committee conclusions of month calculation. Article 30th injured workers because of daily life or employment need installation or configuration of assistive devices, by occupational health initiatives, confirmed by the labour assessment Committee, to identify assistive devices configured Agency to install or configure.
    Installation or configuration of assistive devices cost from the work injury insurance fund. 31st employee at work was identified as one to four levels of disability disability, the employer and injured workers in my disability allowance for base pay basic old-age insurance and basic medical insurance premiums to a compulsory retirement age.
    Disability allowance deducted pay basic endowment insurance, basic medical insurance section, the actual amount received below the minimum wage and manpower areas, from the work injury insurance fund to make up the difference.
    Retirement formalities prior to the introduction of these measures between one and four injured workers not entitled to disability benefits, access to basic old-age insurance benefits, in line with other work-related injury insurance benefits paid from the work injury insurance fund. One to four injured workers reach retirement age or business bankruptcy and closed by law, ought to deal with retirement formalities, suspension of disability benefits enjoyed basic old-age insurance benefits. Approved the basic old-age insurance benefits under the disability allowance, from the work injury insurance fund to make up the difference.
    Other work-related injury insurance benefits paid from the work injury insurance fund. Article 32nd employees for work disability were identified as five to ten levels of disability, the employer and injured workers ' should my disability allowance or my salary as the base to pay the social insurance premiums to a compulsory retirement age.
    Deduct after I pay the social insurance premiums, disability allowance or wages should actually receive lower than co-ordinating regional minimum wage, employers make up the difference. Article 33rd five to ten injured workers contract expires or my employer terminates or termination of an employment relationship, the employer shall pay a one-time injury medical benefit and disability employment grant, two together, its standard for dissolution or termination of an employment relationship shall be paid from 30 months to 15 months.
    Five levels of 30 months, six levels of 27 months, seven 24-month, eight-level for 21 months, nine levels of 18 months, 10 levels of 15 months. Upon termination or termination of labor relations, injured workers of less than five years away from the mandatory retirement age, a one-time injury medical benefit and disability employment subsidy paid according to the amount of 80%, paid in less than four years, according to 60%, less than three years ' pay 40%, 20% pay of less than two years, according to the 10% paid for less than one year.
    Injured worker reaches retirement age retirement formalities or the injured worker, the employer does not pay a one-time injury medical benefit and disability employment grant. Article 34th injured workers receive a one-time grant after a work-related medical benefits and disability employment, and employers and agencies dealing with termination procedures work-related injury insurance and notary public. Qualify for unemployment insurance, according to receive unemployment insurance benefits.
    New injuries occurred after the re-employment, in accordance with the regulations and procedures as provided herein to fulfil work-related injury certification identification procedures and the ability to work, new work-related injury insurance benefits.
    35th employee who died in, pay for treatment pursuant to Ordinance of the 37th, the one-time death benefit of pooling area standards according to the annual workers ' monthly salaries of 54 months. 36th of employer bankruptcy and closed, should be between one and four injured people, enjoy the dependent relative pension treatment personnel transfer of permanent place of residence street or labour protection service station in villages and towns, socialized management services. Meet the work injury insurance fund to pay the treatment of work-related injury insurance issued by the Agency.
    Not reached mandatory retirement age five to ten injured workers with employer terminates the labor relationship, by the employer in accordance with the provisions of article 33rd pays a one-time injury medical benefits and disability employment grant, termination of work-related injury insurance.
    37th pension, disability allowance, dependent relatives care fees, by the administrative departments of labor security in conjunction with the financial sector under the province's average wage of staff and changes in the cost of living, and so on, timely adjustment programmes, implemented after being approved by the provincial government. Article 38th of work injury insurance benefits other expenses paid by the employer.
    Draws the labor Commission confirmed injured workers of the employer whether to extend the shutdown leaves pay period, the costs paid by the employer. Supervision and administration of the sixth chapter 39th administrative departments of labor security in accordance to the province within the administrative area of accident damage characteristics and treatment of occupational diseases, development of work-related injury insurance medical service management approach, integrated planning and definition of work-related injury insurance medical institutions, rehabilitation and assistive devices configured institutions, health, pharmaceuticals supervision and management, pricing and other related departments to strengthen supervision and inspection of work injury insurance medical services across the province.
    State (or municipal) administrative departments of labor security under the work injury insurance needs, determine work-related injury insurance medical institutions within their respective regions, in conjunction with the local health, pharmaceuticals supervision and management, pricing and other related departments to strengthen supervision and inspection of local work-related injury insurance and medical services.
    Labor and social security administration departments at all levels shall, jointly with relevant departments of the employer and its employees for work-related injury prevention publicity and education to prevent or reduce the incidence of occupational injuries and diseases.
    40th and manpower agencies and work injury insurance medical care institutions, rehabilitation and assistive devices configured institutions, enter into a service agreement and specify the rights and obligations of both parties and to the public in a timely manner.
    41st work injury insurance medical institutions, rehabilitation and assistive devices configured institutions should strictly abide by the provisions of the workers ' compensation insurance, provide better medical services for injured workers, with the administrative departments of labor security and work competency expertise on institutions, agencies do work injury insurance. The seventh chapter by-laws article 42nd before December 31, 2003 occupational, industrial injury and industrial injury treatment and payment channels according to the relevant regulations. Which is still eligible for employment injury benefits, nursing fees, dependent relative pension, injury recurrence of medical conditions, from the social pool to participate in work-related injury insurance, paid from the work injury insurance fund according to the new regulation, the past shall not be retroactive. Employer fails to pay industrial injury insurance during a work-related injury insurance benefits by employer payments.
    Do not participate in social planning of industrial injury insurance, paid by the employer. 43rd employee injuries occurred less than a year of work, when calculating the treatment of work-related injury insurance, monthly wages, in accordance with the actual month of average monthly salary as the base to calculate; no monthly wages, in accordance with the annual workers ' monthly salary calculated on this unit.

    44th employer for workers exposed to occupational hazards, prior to termination, termination of labor relations or for retirement procedures, occupational health examination should be carried out, and check the results to employees. Diagnosed with occupational diseases shall handle the work injury certification approved, work identification, treatment procedures, pay employees ' insurance benefits. Diagnosed as suspected occupational diseases diagnosed occupational disease after retirement, you can apply for work-related injury certification, work-related injury insurance benefits.
    Employer fails to receive post-leaving occupational health check before the employee shall not be suspended, termination of labor relations, retiring after being diagnosed with occupational diseases, by the original employer should bear the responsibility, and pay for work-related injury insurance benefits. Article 45th injured workers refuse the inspection, treatment and evaluation for no reason, affecting the normal work-related injury insurance work, employer and the Agency stopped their treatment.
    Identified by the work Committee has been wholly or majority restored the ability to work and refuse to work, the employer under the provisions of the employee reward and punishment regulations.
  46th article of the measures shall be implemented from July 1, 2004.

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