Trial Measures For The Implementing The Regulation On Work-Related Injury Insurance In Shanxi Province

Original Language Title: 山西省实施《工伤保险条例》试行办法

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(January 19, 2004, Shanxi province people's Government, the 17th Executive meeting on January 19, 2004, people's Government of Shanxi province, 170th release come into force on the date of promulgation) 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 II of this province all kinds of enterprises, employees of individual businesses (hereinafter called the employer) shall, in accordance with the Ordinance and these regulations to participate in work-related injury insurance, for all workers or employees of the entity (hereinafter employees) pay a fee for work-related injury insurance.
    Employees of individual businesses to participate in work-related injury insurance, by the provincial labour and social security administrative departments on a pilot basis, in conjunction with the relevant departments to formulate specific measures for implementation reported to the provincial government for approval.
    Third local people's Government at or above the county level labor Security Administration Department responsible for the administration of workers ' compensation insurance. Fourth the work injury insurance fund in the city divided into districts implement the city's overall plan.
    Luliang city, Xinzhou city to the County and manpower started gradually transition to a municipal co-ordination.
    Provincial key State-owned coal and pingshuo coal industry company, Taiyuan coal gasification group of industrial injury insurance funds and manpower commissioned the provincial coal industry administration departments, work-related injury certification, work identification, hosted by the local district of the municipal labor and social security administration departments and work competency expertise on board.
    Article fifth work injury insurance fund according to the principle of fixed income, balance, determine rates. Employer contribution rate for the first time, from the work injury insurance agency (hereinafter the Agency) under its business license or a business license registered scope of operation, determined according to the overall industry benchmark rates.
    Business relatively high risks of cross-industry determined cannot be determined, to co-ordinate the average payment rate determined.
    Agencies under employer workers ' compensation insurance costs, degree of incidence of work-related injuries, occupational-disease-inductive factors such as, in the benchmark rates on the basis of 1-3 floating payment rates. Sixth article injury insurance fund deposit Social Security Fund financial designed households, for following project of spending: (a) injury medical; (ii) one-time disability grant; (three) a level to four level injury workers disability allowance; (four) life nursing fee; (five) auxiliary apparatus installation, and configuration fee; (six) injury rehabilitation fee; (seven) funeral grant; (eight) dependent relatives pension; (nine) one-time workers died grant; (10) labor capacity identification fee; (11) injury recognize
    Investigation and verification fee (12) advocacy and research costs, (13) laws, regulations and other costs for workers ' compensation insurance. Seventh major work injury insurance reserves and manpower accident work injury insurance benefits paid. Proportion of reserves, should be based on integrated regional industrial structure and major accident work injury insurance costs as a proportion of workers compensation insurance costs determined, usually less than used to fund 20% of the total collection. Reserves accumulated balances should not exceed the total funds to apply for 30% of the total amount due that year. Insufficient reserves to pay, by co-ordinating the Government advance.
    Reserve used by the district, the municipal people's Government. Eighth worker injury or an accident diagnosis and appraisal of occupational diseases within 30th of, apply in work injury certification by the employer.
    In special circumstances, cannot apply for work injury certification, with the approval of integrated regional labour and social security administrative departments, applicants may be appropriately extended, but of not more than 150 days.
    Nineth article employing units, and injury workers or its immediate family, and unions organization proposed injury finds application, should fill in injury finds application table and submitted following material: (a) employing units license copies (injury workers or its immediate family, and unions organization proposed application of can not provides); (ii) I ID copies; (three) labor contract text copies or other established labor relationship of effective proved;
    (D) medical diagnosis or the occupational disease certificate (or certificate of diagnosis of occupational disease).
    Arising from the performance of duties by violence, submitted by the public security organ or the people's Court judgments or other valid identification.
    Injuries due to motor vehicle accidents incidents work injury certification and submit confirmation of responsibility for public security traffic management sector or other valid identification.
    During the work out, due to work injury, submit a police certificate, or other proof unaccounted for an accident, found submitted to the people's Court declared dead in fatal conclusion.
    During working hours and jobs, sudden illness or died within 48 hours of death, rescue and death certificates submitted to the medical institution.
    Belonging to the rescue operation and disaster relief maintenance activities harmed national interests, public interests, in accordance with the laws and regulations, and submit a valid certificate.
    Is disabled by war, wounded, displaced, demobilized soldiers, the old injury, introduced the disabled revolutionary certificates and proof of medical institutions for diagnosis of recurrence of injury.
    Tenth labour and social security administrative departments shall work injury certification within 20 working days from the date of the decision, will be served on work injury certification decision finds that the applicant and the injured employees (or their immediate family members) and the employer, and copied to the Agency. As a work-related injury or work-related injuries, except workers outside the dead workers, issued by the administrative departments of labor security certificate of the work-related injuries. I keep on the staff certificates by employees injured workers, the employer shall not be detained.
    Certificate of work-related injuries style developed by the provincial labor and social security administration departments.
    11th work competency expertise on the Committee shall perform the following duties: (a) the identification of the injured worker the ability to work and (b) confirmation of the shutdown leaves pay period will be extended and (iii) confirmation of installation, configuration, assistive devices and (iv) confirm the recurrence of injury (v) identification of surviving dependent relatives of employees the ability to work.
    12th employers, injured workers or their immediate family members apply for work competency expertise should fill out employment application form and submit the following materials: (a) the certificate of work-related injuries, (ii) work-related injury certification decision; (c) the employee's work-related injury medical information.
    Work application form for identification of styles by the provincial labour assessment Committee to develop.
    Identification identification or review section 13th for the ability to work again, the identification and the identification conclusion did not change, identification of costs borne by the applicant.
    Labour assessment Committee recognizes the extended injury lay-off of workers required to pay costs borne by the employer.
    Work competency expertise on cost standard, developed by the provincial authorities and the provincial financial department.
    14th unable to take care of injured workers in the work stoppage period salary need nursing care, medical institutions admitted to the certificate, by the unit to send accompanying or, in line with last year's average monthly wage of employees 60% standards to accompany on a monthly fee.
    15th employers, injured workers or their immediate family members to apply for work injury insurance benefits agency, shall complete the work injury insurance benefits application form and submit the following materials: (a) work-related injury certification decisions, (ii) work competency expertise conclusions; (c) the injured workers suffered work accidents or occupational disease the first 12 months of salary from the sponsor.
    Apply for immediate family members of employees in fatal work injury insurance benefits, provided the preceding paragraph (a), (c) provision of material, as well as relevant documents for dependent relatives. 16th disability allowance, nursing fee and a one-time disability benefits from the work conclusion of the month calculation.
    Dependent relatives benefit from the death of workers beginning next month. 17th injured workers need rehabilitation treatment, diagnosed by medical institutions suggested that reported to the Agency for verification.
    Injured workers need to install, configure, assistive or recurrence of injury requiring treatment, and recommendations suggested by medical bodies, work Identification Commission confirmed. 18th employee for work disability were identified as five levels, six levels of disability, the employer and the individual payment should be paid pursuant to the provisions of the social insurance fees.
    Among them, receiving a monthly disability allowance and disability allowance to pay for base.
    19th one-time death benefit criteria for 48 months on the overall area of the annual workers ' monthly wage, in emergency rescue and disaster relief, and other national interests, public interest activities, died in 54 months, were awarded the title of revolutionary martyr for 60 months. Article 20th disability allowance, dependent relative pension, life care fees from the film administrative departments of labor security according to the employee wage and changes in the cost of living adjustment.
    Adjustments may refer to the basic pension for enterprise retirees to adjust time and amplitude.
    21st employee for work disability were identified as five levels, six levels of disability, after I move, or can be prevented with the employer terminate the employment relationship, the employer paid a one-time injury medical benefit and disability employment grant.
    One-time injury medical benefit criteria: five for 36 months ' wages, six for 33 months of wages.
    Once disabled employment subsidy criteria: five for 24 months ' wages, six for 21 months of wages.
    Injured workers of less than 5 years from the legal retirement age, one-time injury medical benefit and disability employment grant to decreasing base every 5 years 1 year less 10%.
    Injured worker reaches retirement age or retirement formalities, does not enjoy a one-time injury medical benefit and disability employment grant.
    22nd employee for work disability is identified as a seven-to ten-level disability, termination of labor contract expires, or the employees ' own labor contracts, the employer paid a one-time injury medical benefit and disability employment grant. One-time injury medical benefit criteria: seven for 24 months shall be paid, eight-level wages for 21 months, nine-level wages for 18 months, ten for 15 months of wages.

    Once disabled employment subsidy criteria: seven for 15 months shall be paid, eight-level wages for 12 months, nine-level wages for 9 months, ten for 6 months of wages.
    Proposed injured worker and the employer terminates the labor contract, and less than 5 years from the legal retirement age, one-time injury medical benefit and disability employment grant to decreasing base every 5 years 1 year less 10%.
    Injured worker reaches retirement age or retirement formalities, does not enjoy a one-time injury medical benefit and disability employment grant. 23rd civil injury caused by work-related injuries such as traffic accidents, in addition to grant disability allowance, dependent relatives, other related awards below standards of work injury insurance benefits, in accordance with the "item total, accumulated together, in contrast to" calculation method prescribed by the agencies or employers make up the difference.
    Agency or the employer fee paid, injured workers or their relatives after the civil damage compensation shall be reimbursed.
    Article 24th of workers not participating in work-related injury insurance for work accidents or occupational diseases, the employer outside the scope of the insured workers suffered injuries or occupational diseases, work-related injury insurance benefits are paid by the employer. 25th because of labor disputes between workers and employers, the parties to a labour dispute arbitration Committee for arbitration, shall be determined by the labor dispute Arbitration Commission labor relations.
    According to the statutory procedures for dealing with labor disputes of the time does not count injury within the identified time frame.
    Article 26th colleges, technical schools, vocational high school students in the practice unit for injured by accident, by the practice unit and school in accordance with the agreed upon by both parties in the light of the provisions of the Ordinance and these rules, standards, and give a one-time compensation.
    27th before the implementation of these measures of workers injured by accident or occupational disease, completed the ascertainment, their occupational standards of treatment and payment channels according to the original regulations, adjustment of treatment shall be handled in accordance with this article 20th.
                                        28th article this way come into force on the date of promulgation.