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Insurance Regulations Regarding Industrial Injuries

Original Language Title: 工伤保险条例

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    People's Republic of China industrial injury insurance Ordinance, promulgated by Decree No. 375 of the Executive meeting of the State Council on April 16, 2003 5th discussed and adopted, promulgated and come into force since January 1, 2004.
    Premier Wen Jiabao on April 27, 2003 injury insurance regulations chapter I General provisions article in order to provide protection for work injuries or occupational disease the workers access to medical treatment and financial compensation, promotion of injury prevention and occupational rehabilitation, dispersing the employer's work-related injury risk, this Ordinance is enacted.
    Article People's Republic of China territory of various types of enterprises, employees of individual businesses (hereinafter called the employer) shall, in accordance with the provisions of this Ordinance 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.
    People's Republic of China territory of enterprises of all types of employees as well as self-employed workers, are in accordance with the provisions of this Ordinance rights treatment of work-related injury insurance.
    Employees of individual businesses participating in work injury insurance by concrete steps and measures for its implementation, by the people's Governments of provinces, autonomous regions and municipalities.
    Third collection of workers compensation insurance in accordance with the interim regulations on the collection and payment of social security relating to basic old-age insurance, basic medical insurance, unemployment insurance, collection and payment provisions.
    Fourth the employer shall participate in work-related injury insurance about publicity in this unit.
    Employers and employees shall comply with the relevant safety and occupational-disease-prevention laws and regulations and implementation of safety and health regulations and standards, the prevention of occupational accidents, prevent and reduce occupational hazards.
    Employees when injuries occur, the employer shall take measures so that injured workers receive timely treatment.
    Fifth labour and social security administrative departments under the State Council is responsible for the national work injury insurance.
    Local people's Governments at or above the county level labor Security Administration Department responsible for the administration of workers ' compensation insurance.
    Established by the administrative departments of labor security in accordance with the relevant provisions of the State social insurance agency (hereinafter referred to as the Agency) is undertaking work-related injury insurance matters.
    The sixth labour and social security administrative departments and other departments to develop work-related injury insurance policy, standards, shall solicit the views of the trade unions, employers representatives.
    Chapter seventh of the work injury insurance fund the work injury insurance fund paid by employers of industrial injury insurance, industrial injury insurance fund's interest and other funds covered by work injury insurance fund according to law.
    The eighth work injury insurance fund according to the principle of fixed income, balance, determine rates. Countries according to the degree of occupational risks in different sectors to determine differences in rates, and according to the work-related injury insurance, work-related injury rates within each industry identified a number of rate brackets.
    Differences between rates and the industry rate brackets shall be formulated by the administrative departments of labor security in conjunction with the financial sector, health, work safety supervision and Management Department of the Administrative Department, after the approval of the State Council for implementation.
    And manpower agencies under employer workers ' compensation insurance costs, incidence of work-related injuries and so on, within the industry of application rate brackets determine payment rates.
    Nineth labor Security Administration Department under the State Council should be regularly informed about the country's co-ordinating the work injury insurance fund balance, in conjunction with the departments of finance, health administration, safety supervision and management departments to revise the industry differences in rates and rate brackets in the industry scheme, after the approval of the State Council for implementation. Tenth the employer shall pay the workers ' compensation insurance costs.
    Employees do not pay workers ' compensation insurance costs.
    The amount employers pay industrial injury insurance premiums for employees ' wages multiplied by the contribution rate in this product.
    11th the work injury insurance fund in municipalities and districts implement the city's overall plan, the rest of the pool level is determined by people's Governments of provinces, autonomous regions. Across the region, producing relatively high mobility industry, may take the form of relatively centralized offsite to participate in co-ordinating the work injury insurance.
    Specific measures shall be formulated by the administrative departments of labor security departments about the industry. 12th the work injury insurance fund into a financial account for Social Security Fund, used in work injury insurance benefits provided for in the Ordinance, of work competency expertise as well as the laws and regulations for the payment of other expenses of the workers ' compensation insurance.
    No units or individuals may not use the work injury insurance fund for investment and operation, construction or renovation of premises, bonuses, or diverted to any other purposes. 13th the work injury insurance fund should be set aside a certain proportion of reserves, for co-ordinating major accident work injury insurance benefits paid insufficient reserves to pay, by co-ordinating the Government advance.
    Reserves a specific percentage of total funds and reserves the use of approaches by the people's Governments of provinces, autonomous regions and municipalities. Third chapter injury finds 14th article workers has following case one of of, should finds for injury: (a) in work time and work places within, for work reasons by accident hurt of; (ii) work time before and after in work places within, engaged in and work about of prepared sex or ending sex work by accident hurt of; (three) in work time and work places within, for perform work duties by violence, accident hurt of; (four) patient occupational of; (five) for workers out during,
    Due to work injury or accident unknown; (vi) commute, of motor vehicle accident injuries; (VII) legal and administrative regulations shall be considered as work-related injuries in other circumstances.
    15th article workers has following case one of of, depending on with injury: (a) in work time and work post, burst disease death or in 48 hours within by rescue invalid death of; (ii) in rescue relief, maintenance national interests, and public interests activities in the by hurt of; (three) workers original in army served, for war, and for public wounded disability, has made revolution disability soldiers card, to employing units Hou old injury recurrence of.
    Workers have the preceding paragraph (a), (b), in accordance with the provisions of the regulations on work-related injury insurance; employees the preceding paragraph (c), in accordance with the relevant provisions of the Ordinance enjoy work injury insurance benefits except for one-time disability benefits.
    16th worker has one of the following shall not be considered or deemed employees injured: (a) casualties due to crime or violation of public security management; (b) drunk cause injuries; (c) self-harm or suicide. 17th employee accident injury or was in accordance with law of occupational disease prevention diagnosis and appraisal of occupational diseases, injuries from the accident date or date of diagnosis and appraisal of occupational disease in the 30th, to co-ordinate work injury certification application to the regional Labor and social security administration.
    In special cases, agreed by the administrative departments of labor security, applicants may be appropriately extended.
    Employers not complying with the provisions of the preceding paragraph apply for industrial injury, injured workers or their immediate family members, the trade union organization in the accident date or date of diagnosis and appraisal of occupational disease within 1 year, directly to the location of the employer application for administrative departments of labor security work-related injury certification in integrated.
    In accordance with the provisions of the first paragraph of this article shall be determined by provincial-level labor security administration departments for work-related injury certification matters, according to the principle of territoriality unit districts, where the city-level labor Security Administration Department.
    Employers are not submitted within the time limits specified in the first paragraph of this article work-related injury certification application, occurred during this period in accordance with the provisions of this Ordinance relating to the treatment of work-related injuries such as fees shall be borne by the employer.
    Article 18th work injury certification application shall submit the following materials: (a) work-related injury certification application form, (ii), and employer labor relations (including the fact labor relationship) documentation; (c) the medical diagnosis or the occupational disease certificate (or certificate of diagnosis of occupational disease).
    Work-related injury certification application form shall include the accident time, place, cause, and damage workers and other basic information. Incomplete work injury certification the applicant to provide materials, labor and social security administrative departments shall at once notify the work injury certification all applicants need to correct material.
    After correction in accordance with the written request of the applicant the materials, labor and social security administrative departments shall accept. 19th after the administrative departments of labor security accepts applications for work injury certification, based on the audit will need to be able to investigate the accident verified, employers, trade unions, trade union organizations, medical institutions and relevant departments shall provide assistance. Occupational-disease diagnosis and identification of the dispute, in accordance with the relevant provisions of the law of prevention and control of occupational diseases.
    Legally obtained the occupational disease certificate or certificate of diagnosis of occupational disease, labor and social security administration no longer carry out investigation to verify.
    Employees or their immediate family members considered to be work-related injury, the employer is not considered a work-related injury, the employer bears the burden of proof.
    20th 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 decision, and notify the applications for work-related injury certification of employees or their immediate family members and the trade union organization.
    Administrative departments of labor security workers with work-related injury certification applicants interested should be avoided.
    Fourth chapter of work competency expertise 21st employee injuries treated injuries after a relatively stable disabilities, affecting the ability to work, work identification should be carried out.
    22nd work competency expertise refers to the labor disturbance and self-care disability identification.
    Labour disorders are divided into ten grade, the most important for level, the lightest for ten.
    Self-care barrier is divided into three levels: life cannot take care of themselves, most can not take care of life and life does not take care of themselves.
    Labour standards shall be formulated by the administrative departments of labor security in conjunction with the health Administrative Department under the State Council and other departments.
    23rd work identified by the employer, the injured employee or their immediate family members to the municipal districts of work competency expertise in an application, and provides relevant information on work-related injury certification decisions and employee's work-related injury medical.
    24th province, autonomous region, municipality directly under the labour assessment Committee and municipal districts work competency expertise respectively by the provinces, autonomous regions, municipalities and cities divided into districts, the municipal labor and social security administration, personnel administration, health administration, trade unions, representatives of agencies and employers representatives. Labour assessment Committee to establish medical and health experts.
    Included in the database of health professionals shall meet the following conditions: (a) medical advanced professional and technical qualifications of the position, (ii) master work and identification of relevant knowledge; (c) with good professional ethics. 25th district of work competency expertise on municipal boards after work competency expertise on applications received, should be established from its database of health randomly select 3 or 5 relevant experts group, expert opinion from the Group of experts.
    District of the municipal labour assessment Committee injured workers under the expert opinion of the expert group work identification, if necessary, may appoint a qualified medical institutions assist the diagnosis. Municipal work competency expertise on the Committee divided into districts shall receive the ability to work within 60 days from the date of application of work competency expertise conclusions and, if necessary, work identification of can be extended to 30th.
    Work appraisal conclusions in time shall be applied for identification of units and individuals. Identification section 26th unit or individual districts, the municipal labor refuses to accept the conclusions of the appraisal Committee, can receive the expert conclusion within 15th of provinces, autonomous regions and municipalities directly under the application again work competency expertise on the Committee.
    The provinces, autonomous regions and municipalities of work competency expertise to work competency expertise on conclusion of the final conclusions of the Commission. 27th labor ability assessment should be objective and fair.
    Labour assessment committee or to participate in the identification of interested experts and their clients, should be avoided.
    28th since the ability to work after 1 year from the date of conclusion, injured workers or their immediate family members, the units or agencies considered changes in disability may apply for work review and identification.
    Fifth chapter work injury insurance benefits 29th employee accidents due to work injury or occupational disease treatment, work-related injury medical treatment.
    Treating work-related injuries of workers medical institution shall sign a service agreement, when the urgency of the situation, you can go to the nearest medical institution for treatment. Requirements for treatment of work-related injuries consistent with work-related injury insurance medical project directory, work injury insurance, medical, work injury insurance, hospital services standard, paid from the work injury insurance fund.
    Treatment item catalogue of industrial injury insurance, work injury insurance, medical, work injury insurance, hospital services standards shall be formulated by the administrative departments of labor security in conjunction with the health administration departments, pharmaceutical supervisory and Administrative Department and other departments.
    Hospitalized injuries of workers by their units, food allowances on business units in accordance with the national standard of 70% to hospital food allowances; certified by medical institutions, agencies agreed that areas for medical treatment for injured workers and manpower required transportation, Board and lodging expenses by the unit in accordance with the employees in this unit standard on business expenses.
    Injured workers in the treatment of work-related injury caused by disease, not entitled to work injury medical treatment, under the basic medical insurance scheme.
    Injured workers to sign a service agreement cost of rehabilitative treatment in medical institutions, in line with the provisions of the third paragraph of this article, paid from the work injury insurance fund.
    30th injured workers because of daily life or employment needs identified by the work the Commission confirmed, prostheses, orthoses, eyes, false teeth and configuration of assistive devices such as wheelchairs, the costs paid from the work injury insurance fund according to national standards.
    31st employee accidents due to work injury or occupational disease need to suspend the work injury medical, lay-off pay period, the original wage benefits unchanged, by the units of the monthly payment. Shutdown leaves pay period does not normally exceed 12 months. Serious injury or exceptional circumstances, the district municipal work competency expertise on the Committee confirmed that may be appropriately extended, but not more than 12 months. Injured worker assessment after grade, suspension of primary treatment, in accordance with the relevant provisions of this chapter to enjoy disability treatment.
    Injured workers are required in shutdown leaves after expiration of the paid treatment, continue to work-related injury medical treatment.
    Unable to take care of injured workers in the work stoppage paid in need of care, by the units responsible.
    32nd injured workers already assess levels and work competency expertise Committee recognized the need for care, paid from the work injury insurance fund according to a monthly care fee.
    Life care costs according to subsistence cannot take care of themselves, most of life alone or part pay alone for 3 different levels of life, the standard for co-ordinating regional workers ' monthly salary of the previous year, respectively 50%, 40%, or 30%. 33rd article workers for workers disability was identification for a level to four level disability of, retained labor relationship, exit work post, enjoy following treatment: (a) from injury insurance fund by disability grade paid one-time disability grant, standard for: a level disability for 24 months of I wage, II level disability for 22 months of I wage, three level disability for 20 months of I wage, four level disability for 18 months of I wage; (ii) from injury insurance fund by months paid disability allowance, Criteria: level of disability shall be paid 90%, secondary disabilities of 85% of wages, three levels of disability shall be paid the 80%, four 75% of disability shall be paid. Actual amount of disability allowance is lower than the local minimum wage, from the work injury insurance fund to make up the difference, and (iii) after the injured worker reaches retirement age retirement formalities and, suspension of disability allowance, access to basic old-age insurance benefits.
    Basic old-age insurance benefits under the disability allowance, from the work injury insurance fund to make up the difference.
    Trade Union work was identified as grade I to grade of disability disability, the employer and the individual with the disability allowance for base pay basic medical insurance premiums. 34th article workers for workers disability was identification for five level, and six level disability of, enjoy following treatment: (a) from injury insurance fund by disability grade paid one-time disability grant, standard for: five level disability for 16 months of I wage, six level disability for 14 months of I wage; (ii) retained and employing units of labor relationship, by employing units arrangements appropriate work. It is difficult to work, on a monthly basis by the employer to the disability allowance, the standard for: five 70% of disability shall be paid, six-level disability 60% of wages and paid by the employer in accordance with the provisions of the social insurance premiums payable.
    Actual amount of disability allowance is lower than the local minimum wage, employers make up the difference. Injured workers I have proposed, the rescission or termination of labor relations workers and employers, the employer paid a one-time injury medical benefit and disability employment grant.
    Specific standards by the people's Governments of provinces, autonomous regions and municipalities. 35th article workers for workers disability was identification for seven level to ten level disability of, enjoy following treatment: (a) from injury insurance fund by disability grade paid one-time disability grant, standard for: seven level disability for 12 months of I wage, eight level disability for 10 months of I wage, nine level disability for 8 months of I wage, ten level disability for 6 months of I wage; (ii) labor contract expires terminated, or workers I proposed lifted labor contract of, Pay one-time injury medical benefits by the employer and the disabled employment subsidy.
    Specific standards by the people's Governments of provinces, autonomous regions and municipalities.
    Article 36th injured worker injury recurrence, recognizes the need to treat, enjoy the article 29th, 30th and 31st article treatment of work-related injuries. 37th article workers for workers death, its immediate family according to following provides from injury insurance fund received funeral grants gold, and dependent relatives pension and one-time workers died grant: (a) funeral grants gold for 6 months of and manpower area Shang annual workers monthly wage; (ii) dependent relatives pension according to workers I wage of must proportion to by for workers death workers before provides main life source, and no labor capacity of relatives. Standard: spouse monthly 40%, other relatives each month of 30%, widowed or orphaned per month on the basis of the above standard 10%. Approved pensions for dependent relatives and should not be higher than the wages of workers living in fatal. Specific scope for dependent relatives by the labor Security Administration Department under the State Council, (iii) the one-time death benefit standard is 48 months to 60 months to co-ordinate workers ' average monthly salary of the previous year.
    Specific criteria by co-ordinating regional people's Government, according to local economic and social development provided, submitted to the provincial, autonomous regional and municipal people's Government for the record.
    Injured workers ' shutdown leaves pay period due to work-related injury resulting in death, their immediate family members enjoy the treatment provided for in the first paragraph of this article.
    Levels to four levels of injured workers ' shutdown leaves paid after the expiration of the death of, their immediate family members can enjoy the first paragraph of this section (a), (b) the provision of treatment. Article 38th 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.
    Adjustment by the people's Governments of provinces, autonomous regions and municipalities. 39th employee for work-out during an accident or unaccounted for in the disaster relief, pay wages within 3 months from the month of the accident, starting from the 4th month suspension of wages, from the work injury insurance fund is paid monthly to dependent relatives dependent relative pension. Life has difficulties, advances may be made of the one-time death benefit 50%.
    Workers were declared dead by court, as provided for in this section 37th employees who die in work.
    40th injured workers have one of the following, stop the treatment of work-related injury insurance: (a) loss of right to treatment conditions, (ii) refuse to accept work identification of and (iii) refuse treatment; (d) the sentenced was executed in prison.
    41st employer split, merger, transfer, successors shall bear the original employer the employment injury insurance; the original employer has participated in work-related injury insurance, the successors should be to the local agency for registration of change of industrial injury insurance.
    Contracted operation of the employer, employment injury insurance borne by the labor relations unit.
    Period of secondment of workers hurt by accidents, work-related injury insurance liability of the original employer, but only if the employer and the second unit may agree to remedies.
    Bankruptcy, at the time of bankruptcy priority allocated by law shall be paid by the unit cost of work injury insurance benefits.
    42nd workers was sent to outbound work, according to the laws of the country or region should be attending work-related injury insurance, attending work-related injury insurance, domestic inductrial discontinued; not participating in work-related injury insurance, domestic work-related injury insurance will not stop.
    43rd recurrence of employee work-related injuries, according to the regulation shall be entitled to disability benefits, certified grade a disability allowance under the new deal.
    Sixth chapter supervision management 44th article handling institutions specific hosted injury insurance Affairs, perform following duties: (a) according to province, and autonomous regions, and municipalities Government provides, levy injury insurance fee; (ii) verification employing units of payroll and workers number, handle injury insurance registration, and is responsible for save employing units payment and workers enjoy injury insurance treatment situation of records; (three) for injury insurance of survey, and statistics; (four) according to provides management injury insurance fund of spending;
    (E) in accordance with the provisions of the approved work-related injury insurance benefits; (f) provided free consulting services to injured workers or their immediate family members. Article 45th organizing bodies and medical institutions, assistive devices configured institutions on an equal footing on the basis of the service agreement, signed service agreement and publish medical institutions, assistive devices to configure lists of institutions.
    Specific measures shall be formulated by the administrative departments of labor security in conjunction with the public health departments, Home Affairs Department and other departments.
    46th agencies in accordance with agreements on injured workers and national directories, standard medical, rehabilitation, assistive devices costs of used for verifying and clearing charges in full and on time.
    47th and expenditure of the Agency shall regularly publish the work injury insurance fund, timely adjusted rate recommendation to the administrative departments of labor security.
    48th labor and social security administration departments, agencies should regularly listen to injured workers, medical institutions, assistive devices configured institutions and community views on the improvement of work injury insurance.
    Administrative departments of labor security in accordance with the 49th article of industrial injury insurance premium collection and work injury insurance fund to pay for supervision and inspection.
    Financial departments and audit institutions shall work injury insurance fund revenue and expenditure monitoring and management. 50th article of any organization and individual violations of work injury insurance and right to report.
    Should report to the administrative departments of labor security investigations in a timely manner, in accordance with the provisions of, and the informer confidential.
    51st trade union organization shall safeguard the legal rights of injured workers and supervision work of the employer's workers ' compensation insurance.
    52nd industrial workers and employers pay dispute, in accordance with the relevant regulations of the labor disputes.
    53rd article has following case one of of, units and personal can law application administrative reconsideration; on reconsideration decided refuses to of, can law filed administrative litigation: (a) application injury finds of workers or its immediate family, and the workers where units on injury finds conclusion refuses to of; (ii) employing units on handling institutions determine of units payment rates refuses to of; (three) signed service agreement of medical institutions, and auxiliary apparatus configuration institutions think handling institutions not perform about agreement or provides of;
    (D) the injured employee or his or her immediate family on work injury insurance benefits approved by the Agency disagrees. The seventh chapter legal liability article 54th unit or individual in contravention of this Ordinance section 12th misappropriating the work injury insurance fund, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to administrative or disciplinary action.
    Misappropriation of funds recovered by the labor and social security administration departments, into the work injury insurance fund; the confiscation of illegal proceeds turned over to the State Treasury in accordance with law.
    55th article labor guarantees administrative sector staff has following case one of of, law give administrative sanctions; plot serious, constitute crime of, law held criminal: (a) no due reason not accepted injury finds application, or fraud will not meet injury conditions of personnel finds for injury workers of; (ii) not properly custody application injury finds of evidence material, led about evidence out lost of; (three) received party property of.
    56th article handling institutions has following behavior one of of, by labor guarantees administrative sector ordered corrected, on directly is responsible for of competent personnel and other responsibility personnel law give disciplinary; plot serious, constitute crime of, law held criminal; caused party economic loss of, by handling institutions law bear compensation responsibility: (a) not by provides save employing units payment and workers enjoy injury insurance treatment situation records of; (ii) not by provides approved injury insurance treatment of; (three) received party property of.
    The 57th medical organizations, assistive devices configuration of agencies providing services under a service agreement, the agencies may terminate the service agreement.
    Agency is not settled in full and on time, the administrative departments of labor security shall order rectification medical, assistive devices configured institutions may terminate the service agreement.
    Article 58th of concealed wages or number of employees of the employer, be ordered by the administrative departments of labor security fix and hidden wage 1 time more than 3 times the amount of a fine.
    Employers, injured workers, or their immediate family members obtaining treatment of work-related injury insurance, medical, assistive devices configured institutions of obtaining work injury insurance fund, the labor Security Administration Department is ordered to return, and fined not more than the amount defrauded more than 1 time times 3 times; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    59th work identification of organizations or individuals in any of the following circumstances, the administrative departments of labor security shall be ordered to correct, and a fine of less than 2000 Yuan and 10,000 yuan; serious enough to constitute a crime, criminal responsibility shall be investigated according to law: (I) provided false expert opinion, (ii) provide proof of false diagnosis, (iii) accept the party's property.
    60th employing units in accordance with the provisions of this Regulation shall participate in work injury insurance and did not participate in, the administrative departments of labor security shall order rectification does not arise between the employer and workers injured during the participate in work-related injury insurance, by the employer in accordance with the provisions of this Ordinance work injury insurance benefits programs and fees.
    Eighth chapter supplementary articles article 61st employees mentioned in these regulations refers to labor relation with the employer (including the fact labor relationship) of various forms of employment, duration of employment of workers.
    Salaries mentioned in these regulations refers to the employer directly to the units all workers ' total compensation. Referred to in these regulations shall be paid, refers to the injured workers suffered work accidents or occupational disease the first 12 month average monthly salary.
    Wages above the overall average wage of staff and 300%, in line with the area calculated on the average salary of all employees 300%; wages below the overall average wage of staff and 60%, in line with the average wage of staff and 60%. 62nd State authorities and in accordance with, or reference to the national civil service personnel management institutions, social groups of staff accidents due to work injury or occupational disease, paid for by his employer.
    Specific measures shall be formulated by the administrative departments of labor security in conjunction with the HR sector, and financial institutions.
    Other institutions, social groups and a variety of private non-enterprise units of work injury insurance and other ways shall be formulated by the administrative departments of labor security in conjunction with the HR Department, Home Affairs Department, Finance Department and other departments in the light of this Ordinance otherwise provides, and submitted to the State Council for approval before implementation. 63rd article no license or without law registration, and record of units and was law revoked license or revoked registration, and record of units of workers by accident hurt or patient occupational of, by the units to disability workers or death workers of immediate family give one-time compensation, compensation standard shall not below this Ordinance provides of injury insurance treatment; employing units shall not using child labour, employing units using child labour caused child labour disability, and death of, by the units to child labour or child labour of immediate family give one-time compensation And compensation for work injury insurance benefits may not be lower than the provisions of this Ordinance. Specific measures shall be prescribed by the labour and social security administrative departments under the State Council.

    Provided for in the preceding paragraph of injured workers ' death or the immediate family members of employees and the amount of compensation disputes, as well as the provisions of the preceding paragraph of the worst immediate family or child labour and dispute the amount of compensation, in accordance with the relevant regulations of the labor disputes. The 64th article of the regulations come into force on January 1, 2004. Prior to the implementation of this Ordinance was injured by accident or suffer from occupational diseases has not yet completed work-related injury certification of workers, in accordance with the provisions of this Ordinance.