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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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(Adopted at the 17th ordinary meeting of the People's Government of San Francisco on 19 January 2004, No. 170 of the People's Government Order No. 170 of 19 January 2004 and published from the date of publication)

Article 1 establishes this approach in the light of the State Department's Regulations on Work injury Insurance (hereinafter referred to as Regulations).
Article 2
Individual business and industrial workers who are employed are involved in work injury insurance, and the provincial labour security administration, on the basis of a pilot, will develop specific approaches with the relevant sectors to be followed by approval by the provincial government.
Article 3. The Government's labour security administration at the local level above is responsible for work injury insurance in this administrative area.
Article IV is integrated throughout the city of the establishment area. The city of Lulu, the city of chewing, can move towards an integrated transition from the district level.
The provincial State-focused company for the peace of polyclinics, the Workers and Injuries Insurance Fund, which is the limited liability company of the so-called coal-mining group, entrusts the province's coal industry administration, but it is determined that the labour capacity is validated and is the responsibility of the executive branch and the Labour Capacity Identification Commission in the place of the enterprise.
Article 5
The initial payment rate of the user unit is determined by the operating scope registered by the Agency (hereinafter referred to as the executing agency) in accordance with its licence for the operation of a corporate legal person or the licence of business, at the rate of the sector of the integrated area. The industries that operate across the spectrum of business are determined by a relatively high risk industry; it cannot be determined to determine the average regional pay rate.
Based on factors such as the use of injury insurance by the user unit, the incidence of work injury, the level of occupational illness, the rate of occupational illness was buoyed from one to three years on the basis of the baseline rate.
Article 6
(i) Medical injury;
(ii) A one-time disability grant;
(iii) The disability allowance for workers at the level to four levels;
(iv) The cost of living care;
(v) The installation, staffing costs of the subsidiary body;
(vi) Costs for work injury recovery;
(vii) The funeral grant;
(viii) For the benefit of the family;
(ix) A lump-sum benefit;
(x) Feasibility of labour capacity;
(xi) Work injury determination of verification fees;
(xii) Advocacy and scientific research fees;
(xiii) Other costs for work injury insurance under laws, regulations.
Article 7. The share of the reserve shall be determined in accordance with the proportion of the total cost of work injury insurance based on the integrated regional industrial structure and the cost of major accident work injury insurance, in general not exceeding 20 per cent of the total annual fund. The total reserve rolling balance should not exceed 30 per cent of the total contributions due to the Fund. Inadequate payments are made by the integrated people's Government. The use of the reserve is provided by the Government of the People at the municipal level of the establishment.
Article 8. In exceptional circumstances, the employment injury determination application cannot be submitted and, with the consent of the executive branch of the integrated area of labour security, the time limit for application could be extended appropriately, but the extension period should not exceed 150 days.
Article 9
(i) A copy of the licence of the person's unit (the worker or his immediate family, trade union organization may not be provided);
(ii) A copy of his identity card;
(iii) A copy of the text of the labour contract or other effective proof of labour relations;
(iv) Medical diagnostic certificates or occupational illness diagnosis certificates (or occupational disease diagnostic certificates).
The judgement of the public security authority or the People's Court of Justice or other effective evidence is presented as a result of violence in the performance of its duties.
As a result of the injury and injuries caused by the motor vehicle accident, a certificate of responsibility or other effective evidence was submitted to the sectors such as the management of public safety transport.
During the period of work, as a result of the injury caused by the work, the public security authorities have been submitted to demonstrate or other evidence; the accident is unknown and the result of the death of the worker is determined to be submitted to the People's Court of Justice for the result of the death.
In working hours and jobs, sudden disease deaths or unavoidable deaths within 48 hours are presented to medical institutions for recovery and death certificates.
In accordance with the provisions of the law, the State's interests, public interest activities, such as the hijacking of disaster, have been harmed and submitted effective evidence.
The rehabilitation, demobilization of military personnel, which are caused by war, public injury and injury, has been recovered and submitted to the Revolutionary Military Liuation and medical institutions for the recovery of old injuries.
Article 10. The Labour Security Administration shall, within 20 working days from the date of the decision of the worker injury, decide to send the applicant as well as the injured worker (or his or her immediate family) and the user unit, to the institution.
It is determined that a worker's injury or injury is caused by the labour security administration, in addition to the employee of the worker. The Employees' Witnesses are maintained by the worker himself and the person's unit is not detained. The model of the employee's work injury certificate was developed by the provincial labour security administration.
Article 11. The Commission shall perform the following functions:
(i) Accreditation of workers' labour capacities;
(ii) Reconfirmation of the duration of the suspension;
(iii) Acknowledgement of the installation, configuration of support equipment;
(iv) Reconfirmation of work injury;
(v) Employee workers for the identification of the family's labour capacity.
Article 12. Applying to the identification of labour capacities by a person's unit, a worker or his immediate family shall complete the application for the identification of the labour capacity and submit the following materials:
(i) Employer injury certificate;
(ii) Decisions on work injury;
(iii) Information on the medical treatment of workers.
The model of the application for the identification of labour capacity is developed by the Provincial Commission for the Identification of Labour Capacity.
Article 13 requires that the labour capacity be re-identified or reviewed, that the findings are not changed with the original findings and that the costs are borne by the applicant.
The Labour Capacity Identification Commission confirmed that the cost of extension of the period of stay of work for workers and injured workers was borne by the user unit.
Labour capacity identification criteria are developed by the provincial price sector with the provincial fiscal sector.
Article 14. Employees who are unable to afford care for the duration of their work are not self-sused and receive medical certificates confirming that they are escorted by the unit of the institution or receive an average of 60 per cent of the annual salary of their employees in the integrated area.
Article 15. The application for the treatment of work injury insurance by a person's unit, a worker or his or her immediate family shall be completed and submitted the following material:
(i) Decisions on work injury;
(ii) Conclusions on labour capacity identification;
(iii) The worker's salary certificate for the 12-month period prior to the injury caused by the work of the worker or suffering from occupational illness.
The application for the treatment of work injury insurance for the worker's immediate family is required to provide the material specified in subparagraphs (i), (iii) of the former paragraph and the related supporting material.
Article 16, Disability benefits, living care and one-time disability benefits, have been paid for the next month of the conclusion of the identification of labour capacity. The pension for an extended family was paid from the previous month of the employee's work.
Article 17 requires rehabilitation treatment for workers and injured workers, by medical agencies, to make diagnostic recommendations and to be verified by the agency. The worker needs to install, equip or reproduce the treatment required by the medical agencies, and to report to the Commission on the identification of the labour capacity.
Article 18 Staff members are identified as five- and six-tier disability due to work maiming, and are paid by the user unit and the individual worker in accordance with the provisions of the social insurance. Of these, the disability allowance was paid in the month to the amount of the disability allowance.
Article 19 provides for an average monthly salary of 48-monthly workers in an integrated region, and for 54 months for the maintenance of national interests, public interest activities, such as disaster-recovery, and 60 months for the Revolution's allegations.
Article 20, Disability benefits, pension payments for foster relatives, living care expenses are adjusted in due course by the Integrated Area Labour Guarantees Administration on the basis of the average wage and changes in the cost of living. Adjustments may be made in the light of the time and range of the basic pension adjustment for enterprise retirees.
Article 21 Staff members were identified as five- and six-tier disability, and, as a result, could be removed or terminated with the user's unit, and a one-time medical grant and disability employment grant was paid by the user unit.
A one-time work injury health grant criterion: five-year-old disability is a 36-month salary, and the sixth disability is 33 months' own salary.
One-time employment grant criterion: five-year-old disability is 24 months of personal salary, and six-tier disability is 21 months of personal pay.
Employees are less than five years from the statutory retirement age, and one-time work injury medical benefits and disability employment benefits have been reduced by 10 per cent per year for five years.
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 2 is determined by the worker as a result of his or her disability at the seven to ten levels, the labour contract is terminated or the worker himself submits the dismissal of the labour contract and the payment of a one-time injury medical grant and disability employment benefits by the user unit.
A one-time work injury medical grant criterion: seven-year-old disability is 24 months of personal salary, eight-personal disability is 21 months of personal salary, and nine-year-old disability is 18 months of personal salary, and ten-year-old disability.
One-time employment grant criterion: seven-year-old disability is 15-monthly personal salary, eight-year-old disability is 12 months' personal salary, nine-month-term disability, and 10-year-olds.
The worker himself submits the dismissal of the labour contract with the agent's unit and a one-time injury medical grant and disability employment grant for less than five years from the statutory retirement age, which is reduced by 10 per cent per year for five years.
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 23, in addition to disability benefits, family pension benefits, and other related awards are lower than the standard of treatment for work injury insurance due to civil injury, such as transportation accidents, and the calculation of the “sub-item, cumulative cognition, total comparison” is offset by an additional difference by the institution or by the user unit. The expenses incurred by an institution or by a person's unit shall be reimbursed after the worker or his or her relatives obtain civil injury compensation.
Article 24 Employees who have not participated in work injury or have suffered occupational illnesses because of accidents or occupational illnesses, have been covered by the insured person's units beyond the prescribed scope of the operation, causing injury to the worker or occupational illness, and their work injury insurance treatment is paid by the user unit.
Article 25 Disputes between the worker and the agent's unit as a result of labour relations, the parties shall apply to the Labour Dispute Arbitration Commission for arbitration and shall be determined by law by the Labour Dispute Arbitration Commission. The time taken to deal with labour disputes under the statutory procedure is not calculated within the time period determined by the injury.
Internships, technic schools, vocational high-level students internships in article 26 may be compensated by interns and schools, in accordance with the standards set out in the Regulations and the scheme, in accordance with the agreement of the parties.
Article 27 of this approach is subject to accident injuries or occupational illnesses, which has been determined by work injury, and its work injury treatment standards and payment channels are implemented in accordance with article 20 of this scheme.
The twenty-eighth approach is implemented since the date of publication.