Measures Of Xinjiang Uyghur Autonomous Region, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 新疆维吾尔自治区实施《工伤保险条例》办法

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    Chapter I General provisions article I according to the work-related injury insurance Ordinance (hereinafter referred to as the regulations), combined with State practice, these measures are formulated.
    Second autonomous region within the administrative area of enterprises, employees of individual businesses (hereinafter referred to as the employer) shall participate in the work-related injury insurance, for all workers or employees of the entity (hereinafter employees) pay a fee for work-related injury insurance.
    Employer's workers are entitled to in accordance with the Ordinance and the regulations of work-related injury insurance benefits.
    Third work injury insurance States and cities (ground) level Coordinator (hereinafter referred to as integrated and area).
    Article fourth State administrative departments of labor security work injury insurance in the autonomous region.
    States and municipalities (), County (City) labor and social security administrations responsible for the administration of workers ' compensation insurance.
    Administrative departments of labor security in the social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    Chapter II the work injury insurance fund article fifth pool area shall establish a work-related injury insurance fund, and set up risk reserves of industrial injury insurance system.
    Article sixth degree of the injury risk of work injury insurance fund according to different industries, different differential contribution rate of industrial injury insurance.
    Differences in work injury insurance industry contribution rate determined by the integrated area people's Government, according to the national work injury insurance, the average contribution rate and benchmark rates in different industries, combined with the overall area of industrial injury insurance, level of incidence of work-related injuries, occupational hazards, and so on, in accordance with the principle of fixed income, balance OK.
    Rate brackets in differential rates of various industries and industry specific standards, in accordance with the relevant provisions of the State periodically.
    Seventh Agency shall, in accordance with the employer approved by the industrial and commercial registration (main) project corresponding to the difference between rates and the industry rate brackets, determine their fee rates for work-related injury insurance; cross-industry business, press the cross corresponds to the difference between rates and the industry rate brackets to determine payment rates.
    Eighth employers ' participation in work-related injury insurance should be to the local agency handling procedures across regions, greater mobility of employers can be to the relative concentration of the local agency check. Nineth employer industrial injury insurance fees shall be paid on a monthly basis.
    Employees do not pay workers ' compensation insurance costs.
    Tenth Article injury insurance fund of spending range: (a) injury medical; (ii) disability allowance; (three) one-time disability grant; (four) life nursing fee; (five) for workers death workers 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; (11) legal, and regulations provides for injury insurance of other costs. 11th the employing unit shall, on January 31 of the following year the unit last year to participate in work-related injury insurance employee lists, payment terms, payment identification, work-related injury certification, labor, industrial injury treatment and the accident occurred in the premises for any publicity.
    Public notice not less than 15th, public agency records. 12th reserves by work injury insurance risk pool area by last year's workers ' compensation insurance fund collection 10% of the extract, in co-ordinating social security fund accounts, for a major accident work injury insurance benefits paid, inadequate pay, advances made from the local budget.
    Work-related injury insurance reserve fund shall not exceed the accumulated balances of risk pooling area last year the work injury insurance fund revenues. Ascertainment 13th chapter III the employer shall injury date or date of diagnosis and appraisal of occupational disease of workers in the 30th, to co-ordinate administrative departments of labor security work injury cognizance application and provides work-related injury certification application materials.
    In special cases, the administrative departments of labor security, application time limit may be extended appropriately, but the extension of the time limit not later than 15th.
    Employers not complying with the provisions of the preceding paragraph apply for work-related injury certification, or their immediate family members, the trade union organizations of workers hurt in the accident date or date of diagnosis and appraisal of occupational disease within 1 year, directly employing unit co-ordinating work injury certification application to the regional Labor and social security administration.
    After the administrative departments of labor security accepts applications for work injury certification, work injury certification the applicant shall be notified in the 10th to submit relevant materials related to employee work-related injuries found that.
    Employers not complying with the time limits specified in the first paragraph of this article work-related injury certification application, occurred during this period in accordance with the Ordinance and these measures work-related treatment costs, borne by the employer.
    Submit a work-related injury certification application should fill in the application form for work-related injury certification.
    14th employees or their immediate family members believed to be injured at work, employers do not think injury, the employer bears the burden of proof, and to the administrative departments of labor security in the 10th to submit relevant evidence; overdue, administrative departments of labor security according to employees or their immediate family members provide evidence concluded according to law.
    15th a labour and social security administrative departments shall accept an application for work-related injury certification within 60 days from the date of work-related injury certification decisions, and to apply for a work-related injury certification of the employees or their immediate family members and the employer where the employee served on the work-related injury (death) staff determination notice, issued to injured workers against accidents at work (dead) workers certificates.
    16th ascertainment during the administrative departments of labor security, accidents and its related problems in verification needs to, the relevant units and individuals shall cooperate to objectively reflect the situation, provide the relevant information. Fourth chapter of work competency expertise 17th autonomous regions, States and municipalities () of work competency expertise Committee, by the administrative departments of Labor Security Administration, personnel at the same level, public health administration departments, trade unions, representatives of agencies and employers representatives.
    Work competency expertise on the Committee's work by the level labor Security Administration Department. 18th work competency expertise on the Committee shall establish a health database.
    Expert library branches (class) professional and technical personnel are generally not less than 3 to 5 people.
    19th article labor capacity identification Committee bear following identification work: (a) injury workers labor capacity identification; (ii) life themselves capacity identification; (three) extended shutdown left paid period of confirmed; (four) configuration auxiliary apparatus of confirmed; (five) disease and injury associated of identification; (six) dependent relatives no labor capacity identification; (seven) workers rehabilitation of confirmed; (eight) accept delegate of labor capacity identification.
    Article 20th employers, injured workers or their immediate family members should be submitted to the labour assessment committee work competency expertise on applications and fill out the application form for work competency expertise, submitted to the work-related injury (death) employee notice of determination, the work-related injury (death) workers certificates, certificates of diagnosis, medical records and other information related to the employee's work-related injury medical.
    21st work competency expertise on the Committee shall receive the ability to work within 60 days from the date of application, according to the state labor standards and health care expert opinion of the expert group, to injured workers to confirm the conclusions of the evaluation conclusions and related working capacity, and to apply for the identification of units and the individual to whom the notification of work competency expertise.
    Industrial complex illness, work identification of period can be prolonged, but an extension of not more than 30th. Medical and health expert group think the injured worker's disability needs further medical examination, recommended labor ability assessment Committee commissioned qualified medical institutions to carry out medical examinations.
    Medical examination within the period of time does not count labor ability assessment.
    22nd employer, injured workers of autonomous regions, States and municipalities () of work competency expertise refuses to accept the Committee's conclusions for the first time, from the date of receipt of the notification of work competency expertise on 15th, to the autonomous region of work competency expertise Committee for retesting, and submitted that the original evaluation conclusions and related materials.
    Autonomous work competency expertise on the Committee again when may not choose to participate in the appraisal of experts.
    Autonomous region of work competency expertise work competency expertise conclusion to the Committee once again for a final conclusion. Article 23rd work appraisal of costs, participation in work-related injury insurance, paid from the work injury insurance fund; do not participate in work-related injury insurance, or fails to pay industrial injury insurance, paid by the employer. Expert conclusions have not changed again, identify costs borne by the applicant.
    Shutdown leaves pay period to be extended, configure assistive vocational rehabilitation and to confirm the costs borne by the employer. The fifth chapter work injury insurance benefits article 24th unit or work-related injuries, a surviving immediate family members of employees applying for work-related injury insurance benefits, shall submit to the Agency the work-related injury (death) workers certificates and notices of work competency expertise.
    Application enjoy dependent relatives pension treatment of, according to by application of treatment project, also should submitted following related material: (a) was dependent people booklet, and ID, and police organ issued of survival proved; (ii) subdistrict offices or Xiang (town) Government issued of was dependent people economic status proved; (three) home sector issued of belonged or orphans of proved; (four) home sector issued of raised parents, and raised children of adoption proved.
    People without the ability to work, made by the Agency drew attention to the labour assessment Committee conclusions.
    25th participate in the injured workers ' injury insurance, occupational medical service provider charges incurred will be paid by the employer, identified as after injury, meet the work injury insurance fund to pay the injury medical costs reimbursed by the Agency.
    Injured workers medical management and settlement practices, formulated by the Administrative Department of labour and social security of the autonomous region.
    26th employee hospitalized injuries, their employer fails to implement the food subsidy system on business, business trip by the employer according to local standards of food allowances 70% to hospital food allowances. 27th level to four injured workers ' disability benefits after deducting the basic medical insurance premiums paid by individuals should be part of, the actual recipients of the disability allowance is lower than the local minimum wage, from the work injury insurance fund to make up the difference; do not participate in work-related injury insurance, employers make up the difference.

    28th five-, six injured workers themselves can be raised with the employer discharge or termination of labor relations, the employer in accordance with the pooling area where last year's average monthly wage of employees, paid for a one-time injury medical benefit, and a one-off disability employment grant.
    Five injured workers one-time injury medical benefit by 11 months, six in 10 months; five injured workers a one-time disability employment grant 27 months, six by 24 months. 29th seven to ten injured workers expiration of labor contract termination or my employees labor contracts, by the employer in accordance with the pooling area where last year's average monthly wage of employees, paid for a one-time injury medical benefit, and a one-off disability employment grant.
    Seven level injury workers one-time injury medical grant by 9 months meter sent, eight level by 8 months meter sent, nine level by 7 months meter sent, 10 level by 6 months meter sent; seven level injury workers one-time disability employment grant by 21 months meter sent, eight level by 18 months meter sent, nine level by 15 months meter sent, 10 level by 12 months meter sent. 30th five to ten injured workers less than five years from the legal retirement age, I discharge the labor contract, a one-time injury medical benefit and a one-time disability employment grant by 20% standard payment per year decline less from the statutory retirement age in less than a year, one-time industrial standard 10% of the medical benefits and a one-time disability employment grant paid.
    Injured worker reaches retirement age and retirement formalities and don't enjoy a one-time injury medical benefits and disability employment grant. 31st one-time death benefit standards for workers in fatal to co-ordinate workers ' monthly salary of the previous year as the base, a one-time death grants issued to 48 months to 60 months.
    Meet Ordinance 14th article subsection (a), and (ii), and (four), and (five), and (six), and (seven) items and 15th article subsection (a) items provides of, to 48 months of workers died grant; meet Ordinance 14th article subsection (three) items, and 15th article subsection (ii) items provides of, to 54 months of workers died grant; was grant martyrs title of, to 60 months of workers died grant.
    Article 32nd disability pension allowance, life care, dependent relatives, by State administrative departments of labor security in accordance with co-ordinating work injury insurance fund revenue and expenditure and its average wage of staff and timely adjustment programmes, implemented after being approved by the people's Government of the autonomous region.
    33rd article employing units bankruptcy of, in bankruptcy liquidation Shi, should by following provides priority settlement by employing units paid of injury insurance costs: (a) has participate in injury insurance of, should settlement following injury insurance treatment costs: 1. a level to four level injury workers should paid of basic medical premium; 2. five level, and six level injury workers should enjoy of disability allowance, and one-time injury medical grant; 3. seven level to 10 level injury workers of one-time injury medical grant and one-time disability employment grant. (Ii) not participate in injury insurance of, should settlement following injury insurance treatment costs: 1. workers died workers dependent relatives should enjoy of pension; 2. a level to four level injury workers should enjoy of disability allowance, and life nursing fee, and auxiliary apparatus fee and should paid of basic medical premium, and pension premium; 3. five level, and six level injury workers should enjoy of disability allowance, and one-time injury medical grant; 4.
    Seven to ten injured workers should enjoy a one-time injury medical benefit and one-time disability employment grant.
    Meet the work injury insurance fund to pay the treatment of work-related injury insurance, continuing paid by the Agency.
    34th five to ten injured workers in bankrupt employers to receive a one-time injury medical benefit and one-time disabled employment subsidy, should integrate the work-related injury (death) certificate for liquidation, the liquidation group to operate agencies dealing with procedures for termination of work-related injury insurance.
    35th article enjoy injury insurance treatment of personnel has following case one of of, suspended related injury insurance treatment: (a) should provides survival proved and refused to provides of; (ii) violation injury medical management provides of; (three) meet discharged conditions refused to discharged of; (four) violation injury auxiliary apparatus configuration management provides of; (five) other violation injury insurance about provides of case.
    Suspend or eliminate in the preceding paragraph shall be recovery-related work injury insurance benefits.
    36th injured workers from the date of the injuries occurred in accordance with the provision of work-related injury medical treatment work appraisal Committee conclusions of the month enjoy treatment in accordance with regulations.
    37th sixth chapter legal liability the employer in accordance with the Ordinance and these measures should attend not participating in work-related injury insurance, the administrative departments of labor security ordered corrective action and work injury insurance benefits of workers by the employer in accordance with the regulations and the treatment of work-related injury insurance items as provided herein and standard pay.
    Article 38th units or individuals in violation of these regulations article 16th, preventing ascertainment, the administrative departments of labor security rectification; it fails to, the administrative departments of labor security units of 1000 Yuan, individual fine of 200 Yuan.
    39th of the Seventh Schedule shall be paid in these measures refers to the injured workers suffered work injuries, occupational diseases, who died in the first 12 months my monthly salary; pre-injury wages of less than 12 months, according to the employer where the employee resides on the annual workers ' average monthly salary calculations.
    40th article of the work-related injury certification application form, the work-related injury (death) employee notice of determination, the work-related injury (death) workers certificates and the work competency expertise on the application form, the notification of work competency expertise in accordance with country or autonomous region established by the administrative departments of labor security uniform format. 41st these measures come into force on January 1, 2004.
    Before the implementation of these measures within a year injured by accident or suffer from occupational diseases has not yet completed work-related injury certification of workers, in accordance with the provisions of the Ordinance and these rules.