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Measures Of Jiangsu Province, The Implementation Of The Work-Related Injury Insurance Regulations

Original Language Title: 江苏省实施《工伤保险条例》办法

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In order to guarantee medical treatment and economic compensation for workers who are victims of accidents or occupational illnesses, to promote work injury prevention and rehabilitation, to dispersal the risk of work injury in their units, in accordance with the Social Insurance Act of the People's Republic of China, the Work injury Insurance Regulations of the State Department of State (hereinafter referred to as the Regulations) and to develop this approach in the light of the actual circumstances of the province.

Article 2

Article 3

The Social Insurance Agency (hereinafter referred to as the institution) conducts specific work injury insurance services.

Article IV. The user unit shall pay the insurance premium for all employees of the unit. The base for the payment of work injury insurance contributions by the user unit is determined in accordance with the base figure for the payment of basic medical insurance expenses.

Article 5 The Integrated Regional Social Insurance Administration has established a cost-saving approach in accordance with the relevant provisions for the management of national work injury insurance rates. In the integrated area, the office of the executing agency, on the basis of the user's work injury premiums, the rate of work injury, etc., applies the corresponding rate set at the rate in the respective industries.

Article 6

When a person's unit conducts the payment of a declaration of work injury insurance, a list of the insured employee should be submitted, which was retained after verification by the agency.

Article 7. The Social Insurance Administration, the Office of Internal Oversight Services, the Labour Capacity Identification Commission and the Safety and Productive Monitoring Administration should strengthen information networks to achieve resource sharing, inter alia, information-sharing, and establish an information management system for occupational injury insurance for all-provincial norms.

Article 8

Article 9.

Article 10. The Workers and injuries insurance fund is deposited with the Financial Excellence of the Social Security Fund and is governed by both income and expenditure lines for work-related injury insurance treatment under the Regulations and this scheme, labour capacity identification, work injury prevention, work injury recovery costs, and other costs for work injury insurance under the laws, regulations.

The proportion, use and management of work injury prevention costs are carried out in accordance with the relevant national provisions.

Article 11. The Work injury insurance fund has a reserve system. The integrated area should be converted by 20 per cent of the total operating injury premiums already collected to the reserve by the month. The reserve shall not be withdrawn at the time of the payment of the total cost of the insurance for the previous year. The work injury insurance fund has a balance, and the reserve was extracted from the balance and was transferred in part from the work injury premiums collected in the year.

The reserve covers the treatment of work injury insurance for major casualty accidents and the portion of the work injury insurance fund received during the year. Inadequate payments are made by the integrated people's Government. The reserve should be used with the consent of the Government of the people of the integrated region to report on the top-level social insurance administration.

Article 12. The unit of the person shall make a claim for work injury to the social security administration established by the Government of the city within the time frame specified by the law, legislation and regulations. In the absence of a claim for work injury, a worker who is injured or suffering from occupational illness or his close relatives, a trade union may claim for work injury directly to the social insurance administration established by the Government of the people of the host area where the unit is located.

In one of the following cases, the Social Insurance Administration shall be in a position to claim for damages:

(i) The applicant shall not be eligible for application;

(ii) The worker's injury is determined to apply for more than specified time limits and cannot be justified;

(iii) No work injury to determine jurisdiction;

(iv) Other circumstances in which laws, regulations and regulations are inadmissibility.

Article 14. The Social Insurance Administration shall review the submissions submitted by the applicant within 15 days after the receipt of the employment injury determination request, provide the material in completeness, make a decision to receive or be inadmissible; the material integrity shall be communicated to the applicant in writing of all the material that the applicant needs to be filled.

The Social Insurance Administration decides that the application for the admissibility of the decision should be made by the Labour injury determination; the decision to be inadmissible should be given the “Energy injury determination request for an inadmissible decision”.

Article 15. The Social Insurance Administration may require the submission of evidence material by a person's unit, a worker or his or her close family after finding the application for work injury. A person's unit, a worker or his close family shall cooperate with the Social Insurance Administration to investigate the evidence and provide evidence material.

Employers or their close relatives, trade union organizations are of the opinion that work injury is not considered to be work injury, and the Social Insurance Administration should notify the author's unit in writing. There is no reason for the use of a person's unit to provide evidence within the prescribed time frame, and the social insurance administration may make a decision on the basis of evidence provided by the worker or his close relatives, trade union organizations and the relevant departments, or to investigate the evidence obtained.

Article 16, after the Social Insurance Administration considers the application for injury, one of the following cases may be suspended:

(i) There is a need to be based on the findings of the judiciary, the Labour Personnel Dispute Arbitration Commission, the relevant administrative authorities or relevant bodies, while the judiciary, the Labour Personnel Dispute Arbitration Commission, the relevant administrative authorities or the relevant institutions have not concluded;

(ii) The difficulty of finding work injury due to force majeure;

(iii) Other circumstances requiring suspension under the laws, regulations and regulations.

The suspension of the work injury is determined that the notice of the suspension of the work injury shall be communicated to the employee who has applied for the injury or to his close relatives, trade union organizations and the employee's unit. The suspension disappeared and the work injury determination process should be restored. The time for suspension of work injury is not taken into account for the duration of the industrial injury determination.

Article 17, after the Social Insurance Administration considers the application for work injury, one of the following cases shall be terminated:

(i) No conditions of admissibility;

(ii) The applicant withdrew the claim for injury;

(iii) Other circumstances that may be terminated under laws, regulations and regulations.

The termination of the work injury is determined that the termination of the contract shall be communicated to the employee who is charged with the injury or to his or her close relatives, trade union organizations and the employee's unit.

In the event of the applicant's decision to withdraw the work injury, the applicant may apply again for the determination of the injury.

Article 18 The Social Insurance Administration shall notify the applicant in writing of the right to apply for administrative review or administrative proceedings in accordance with the law.

Article 19

The Labour Capacity Identification Commission should establish a pool of health-care experts and the selection of experts was developed by the Provincial Commission on Labour Capacity Identification.

Article 20 Employees are treated or rehabilitated, and there is a disability, impact on the labour capacity after the injury is relatively stable, or the termination of the pay period, and a person's unit, a worker or his close family shall submit a labour capacity identification application to the Commission for the establishment of the area and submit information thereon in accordance with the provisions.

Article 21

In cases where workers suffer from accidental injuries or occupational illnesses, the user unit should take measures to ensure that workers who suffer harm or suffer from occupational illness are treated in a timely manner.

Article 23. Medical or rehabilitation institutions that meet the standards of the National Agency for the Rehabilitation of Damage may enter into agreements with integrated regional agencies for the rehabilitation of workers and injuries services.

Article 24 recognizes the value of rehabilitation by a worker who is a worker who has worked with the social security administration to validate expert or worker injury rehabilitation experts, and shall be provided with rehabilitation programmes by a working injury institution that has signed a service agreement, whose work and injury rehabilitation agencies have been reported to have completed a service agreement.

Article 25. The duration of the work injury worker's suspension shall be determined by the medical body of the service agreement signed by the employee on the basis of a service agreement or by the work injury recovery agency that has signed the service agreement. More than 12 months of the duration of the work stay will require the confirmation by the Commission of the Municipal Labour Capacity of the Zone. The final conclusion of the period of employment leave, as confirmed by the Commission, is the city's labour capacity.

During the suspension of work, the unit of the person shall not be removed or terminated with the worker. Except as otherwise provided by law, legislation and regulations.

Article 26 re-establishs workers who have been identified as five- and six-tiered disabled workers, while there is a difficulty in organizing their work, with a view to making it difficult to arrange for the payment of disability benefits by the user's unit in the event of work; it is difficult to arrange for work to be paid less than the worker's salary at the time of the injury incurred, so that the salary of the person in the event of the injury is calculated as a base.

In accordance with the Regulations, a one-time work injury medical grant was paid by the Workers' Insurance Fund in the event of the dismissal or termination of the labour relationship by a person's unit, for the purpose of disability employment grant by the user unit. The benchmark for a one-time work injury medical grant is US$ 20,000, US$ 160,000, US$ 120,000, G-8, and US$ 95,000, or US$ 30,000. The benchmark for a one-time disability employment grant is US$ 9.5 million, US$ 8.5 million, US$ 7.5 million, G$ 3.5 million, US$ 92.5 million and US$ 1.5 million.

The commune Government of the communes may, on the basis of the local level of economic development and the standard of living of the population, move beyond 20 per cent under the benchmark criteria to establish a one-time medical grant for injury and a one-time disability employment grant and to report back to the provincial Social Insurance Administration.

Employees suffering from occupational illnesses, a lump-sum medical grant has increased by 40 per cent on the basis of the above criteria.

Adjustments to the criteria for a one-time medical grant and a one-time disability employment grant are determined by the Provincial Social Insurance Administration, with the approval of the Ministry's Government.

Article twenty-eighth workers themselves submit a labour relationship with the user unit, which is less than five years from the statutory retirement age, and a one-time injury medical grant and a one-time disability employment grant are implemented in accordance with the following criteria: less than five years, paid in full by 80 per cent; less than four years in full; less than 40 per cent in full in three years; less than 20 per cent in full in 2 years; and less than 1 year in full, except under article 18 of the People's Republic of China Labour contract. No one-time injury medical benefits and one-time disability employment benefits are payable in order to meet the mandatory retirement age or in accordance with the provision for retirement.

The specific approach to a lump-sum medical grant for workers between V and X was developed by an integrated regional agency.

Following a lump-sum medical grant for work injury and a one-time disability employment grant, the working injury insurance relationship was terminated and the Labour Capacity Identification Commission was no longer in receipt of the claim for compensation.

Article 33 was released on the basis of a one-time disability grant for work, a disability allowance for workers and injury workers, and the cost of living care was self-conclusive in the next month of the conclusion of the identification of labour capacity.

As a result of the death of the funeral grant, the one-time surviving benefit was paid after the death of the employee for the month of the death of the dependent family.

Article 31 Disability benefits, pension payments for foster relatives, living care expenses are adjusted in due course by the municipal social insurance administration in the area and by the financial sector on the basis of the worker's average wage and changes in living costs.

The disability allowance, the pension for the dependent family and the cost adjustment programme for living care have been implemented after the approval of the Social Insurance Administration in the province and the provincial financial sector.

Article 33, paragraph 2, of the Regulations states that the employee has been injured on a number of occasions during the continuing work of the same unit, in accordance with article 36 of the Regulations and article 37 of the Regulations, and that a one-time disability employment grant and a one-time medical grant are paid in accordance with the maximum disability level of work injury incurred by the same unit.

Article 33 re-examines the changes in the identification of disability hierarchy and no one-time disability grant is recalculated, and other work injury insurance treatment is granted at the new disability level. In order to meet the conditions for the payment of disability benefits, the person's salary at the time of old injury is based on the amount of the disability allowance; the personal salary at the time of the injury was less than the worker's salary at the time of the injury, which was paid at the time of the injury.

In the case of insolvency, cancellation, dissolution, closure of assets, land disposal and net asset distribution, priority should be given to addressing the related costs of workers injured. The cost of work injury insurance and the treatment of work injury are treated in accordance with the following provisions:

(i) Until the mandatory retirement age of one to four workers, with disability benefits being paid at the basic health insurance rate, the personal contribution portion will be paid by the user's unit, which shall be transferred by the unit to the health insurance agency to be incorporated into the fund's financial special account;

(ii) V-10 work injury workers, who are granted one-time medical benefits and one-time disability employment benefits under article 27 of the scheme, respectively, by the work injury insurance fund and the user unit.

Article 35 quantifications, mergers, transfers, employment injury workers are transferred to the successor unit, and the successor unit should assume responsibility for work injury insurance in the former's unit and be involved in work injury insurance or changes in working injury insurance relations by local agencies.

Execution units, mergers, transfers, workers injuries are not transferred to the successor unit and are implemented in accordance with the relevant treatment enjoyed by workers and employees in the event of dismissal or termination of labour relations.

Article XVI of the user's unit with the qualifications of the subject matter of the work is given to an organization or a natural person that does not have the qualifications of the subject of the work, which or a worker who is employed by a natural person to accident injury, a worker's claim for work injury is determined by the licensor with the qualifications of the subject matter of the work agent, and the social insurance administration may decide as an agent of the subject of the work.

In accordance with the labour contract agreement or by consensus with the employee, the employee has been appointed to work in other units, and the employee is injured by the agent's unit.

Employees are not assigned by units to other user units to work in the event of injury and are paid by the actual user units in accordance with the regulations and the standards set out in this approach.

Employees are employed at the same time in two or more user units, and each of their employees should pay their work injury insurance contributions. The worker shall be liable to work injury insurance by the user unit working at the time of his injury.

In accordance with the Regulations and this approach, the user unit shall be subject to work injury and injury incurred by the employee during the period when the work injury insurance has not been involved in the work injury insurance or when the work injury insurance is interrupted after the worker's work injury insurance treatment is paid by the user unit in accordance with the projects and standards set out in the Regulations and the scheme. In accordance with the provisions of the Regulations and the standards set out in the present methodology, the new work injury insurance treatment of the employee was paid by the work injury insurance fund and the user unit in accordance with the items and standards set out in the Regulations and the scheme.

Article 39 of the Social Insurance Administration re-confirmed as a worker injury or as a result of a worker's injury insurance fund and a person's unit had paid work injury treatment, and the worker should return to the work injury insurance treatment that had been received. Employers do not return to work injury insurance treatment that has been received, and the agencies and the user units should be treated in accordance with the law.

Article 40

(i) In the event of injury, the salary of the worker is the average monthly salary of the worker who suffered injury or was diagnosed for 12 months prior to the occupational illness.

(ii) The difficulty in arranging the wages of the person at work, which means that the worker is unable to arrange the average monthly pay for the 12 months preceding the work.

(iii) The worker's salary at the time of the injury was recovered, which means the average monthly salary of the worker for the 12 months prior to the release of the worker.

Less than 12 months, the average monthly payment rate was calculated according to actual monthly pay; less than one month was calculated at the average monthly wage of the employee of the user unit. The salary is higher than the average salary of the staff in the integrated area of 30 per cent, calculated at 30 per cent of the average salary of the staff in the integrated area; the personal salary is less than 60 per cent of the average salary of the staff in the integrated area, calculated at 60 per cent of the average salary of the staff.

Article 40 The Modalities for the implementation of the Labour Injury Insurance Regulations in the Province of Susang Province, No. 29 of 3 February 2005. The former employee of the scheme is subject to a monthly standard of treatment for work injury insurance than the criteria set out in this scheme, which is implemented in accordance with the standards set out in the present approach and has not been replicated by the standard portion of the earlier award.