Industrial Injury Insurance Ordinance

The "industrial injury insurance regulations" has been discussed and passed by the fifth standing meeting of the State Council in April 16, 2003 and is now promulgated and implemented since January 1, 2004.

Article 1. These Regulations are formulated for the purpose of ensuring medical treatment and economic compensation for workers suffering from accidents or occupational diseases, and promoting occupational injury prevention and occupational rehabilitation.

Second all kinds of enterprises in People's Republic of China and individual industrial and commercial households with employees (hereinafter referred to as employing units) shall participate in work-related injury insurance according to the provisions of these regulations, and pay work-related injury insurance premiums for all employees or employees of the unit (hereinafter referred to as employees).

Employees of various enterprises and employees of individual businesses in People's Republic of China have the right to enjoy industrial injury insurance benefits in accordance with the provisions of these regulations.

The specific steps and implementation procedures for individual industrial and commercial households with employees to participate in industrial injury insurance shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

The collection of third industrial injury insurance premiums shall be carried out in accordance with the regulations on the collection of basic social insurance premiums, basic medical insurance premiums and unemployment insurance premiums in accordance with the Provisional Regulations on the collection of social insurance premiums.

The fourth employer shall publicized the relevant information about work-related injury insurance in this unit.

Employers and employees should abide by laws and regulations concerning safety production and occupational disease prevention, implement safety and health regulations and standards, prevent accidents and avoid occupational hazards.

When the worker is injured, the employer should take measures to make the injured workers receive prompt treatment.

The fifth State Council labor and social security administrative department is responsible for the work injury insurance nationwide.

The labor and social security administrative departments of the local people's governments at or above the county level are responsible for work related injury insurance in their respective administrative areas.

The social security agency established by the labor and social security administrative department according to the relevant provisions of the State Council (hereinafter referred to as the agency) shall undertake industrial injury insurance affairs.

The sixth labor security administrative departments and other departments shall formulate policies and standards for work-related injury insurance, and shall seek the opinions of the trade union organizations and the representatives of the employing units.

The seventh industrial injury insurance fund is composed of the industrial injury insurance premium paid by the employer, the interest of the industrial injury insurance fund and other funds incorporated into the industrial injury insurance fund in accordance with the law.

The eighth industrial injury insurance premium is determined according to the principle of fixed income and balance of payments.

According to the risk level of work-related injuries in different industries, the industry determines the rate of differential fees, and determines a number of premium grades in each industry according to the use of industrial injury insurance and the incidence of work-related injuries.

The difference rate of industry and the rate of premium within the industry shall be formulated by the labor and social security administration of the State Council in conjunction with the financial department of the State Council, the administrative department of health, and the Department of supervision and administration of work safety, and shall be promulgated and implemented after being submitted to the State Council for approval.

According to the work injury insurance premium and the incidence of work-related injuries, the regional agencies shall apply the corresponding premium rates in the respective industries to determine the unit premium rate.

Article ninth the labor and social security administrative department of the State Council shall regularly understand the income and expenditure of industrial injury insurance funds in all regions of the country, and promptly put forward a plan to adjust the industry differential rate and the rate of industry tariff within the financial department, the health administration department, and the safety production supervision and management department, which will be promulgated and implemented after being submitted to the State Council for approval.

The tenth employer shall pay the industrial injury insurance premium on time.

Employees do not pay insurance premium for work-related injury.

The amount of work injury insurance premium paid by the employer is the product of the total wages of the unit multiplied by the unit premium rate.

Eleventh work-related injury insurance funds are implemented in municipalities directly under the central government and municipalities with districts. The overall level of other regions is determined by the people's governments of provinces and autonomous regions.

Industries with large cross regional and production fluidity can take part in industrial injury insurance in different areas in a relatively centralized way.

Specific measures shall be formulated by the labor and social security administrative department of the State Council in conjunction with the competent departments of relevant industries.

The twelfth industrial injury insurance fund is deposited in the financial account of the social security fund, which is used for the payment of work-related injury insurance benefits, labor capacity appraisal and other expenses stipulated in laws and regulations for industrial injury insurance.

No unit or individual shall use the industrial injury insurance fund for investment, operation, construction or alteration of office premises, bonus payment, or other purposes.

The thirteenth industrial injury insurance fund should reserve a certain proportion of reserves for the payment of work-related injury insurance benefits in major regional accidents, and the reserve fund should be paid by the people's Government in the overall planning area.

The specific ratio of reserves to the total fund and the method of using reserve shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Fourteenth employees shall be identified as work-related injuries under any of the following circumstances:

(1) injuries caused by accidents during work hours and workplaces;

(two) work related preparatory or ending work in the workplace is injured by accident before and after working hours.

(three) during work hours and in workplaces, accidental injuries caused by violence, such as performing duties.

(four) suffering from occupational diseases;

(five) injury due to work reasons or unknown whereabouts of accidents during work.

(six) being injured by motor vehicle accidents on the way to commute;

(seven) other circumstances that should be identified as work-related injuries under the provisions of laws and administrative regulations.

The fifteenth employees are considered to be work-related injuries in one of the following situations:

(1) death of a sudden illness or death within 48 hours at work time and at work.

(two) being injured in activities such as rescue and disaster relief, safeguarding national interests and public interests;

(three) the employees were originally served in the army, and were disabled due to war and injuries due to public service. They had acquired a revolutionary disability military certificate, and the old wound recurred after employing units.

If a worker has any item (1) or (two) in the preceding paragraph, he shall enjoy the insurance for work-related injury insurance in accordance with the relevant provisions of this regulation. If the worker has the item (three) of the preceding paragraph, he shall be entitled to work-related injury insurance other than a one-time disability allowance in accordance with the relevant provisions of this Ordinance.

Article sixteenth workers shall not be identified as work-related injuries or as work-related injuries under any of the following circumstances:

(1) casualties due to crimes or violations of public order;

(two) drunkenness causing casualties;

(three) self mutilation or suicide.

Seventeenth workers who have been injured in accidents or have been diagnosed and identified as occupational diseases according to the law on prevention and control of occupational diseases shall be submitted to the labor and social security administrative department as an application for injury identification within 30 days from the date of accident injury or from the date of being diagnosed and identified as occupational disease.

In case of exceptional circumstances, the time limit for application can be extended appropriately by the consent of the labor and social security administrative department.

If an employer fails to apply for a work-related injury in accordance with the provisions of the preceding paragraph, the worker injured worker or his immediate family or trade union may, within 1 years from the date of the occurrence of the accident injury or the date of being diagnosed or identified as occupational disease, may apply directly to the labor and Social Security Department of the place where the employer is located.

In accordance with the provisions of the first paragraph of this article, the matters that should be determined by the provincial labor and social security administrative departments for industrial injury identification shall be handled by the municipal labor and social security administrative department of the district where the employer is located, according to the principle of territoriality.

The employer has not submitted an application for industrial injury identification within the time limit specified in the first paragraph of this article. During this period, the relevant costs for work-related injuries, which are in conformity with the provisions of this Ordinance, shall be borne by the employing unit.

Eighteenth, the application of industrial injury identification shall submit the following materials:

(1) application form for work injury identification;

(two) evidence of labor relations (including fact labor relations) with employers;

(three) medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis identification book).

The application form for work injury identification should include the time, place, cause, and degree of injury.

If the material provided by the applicant for industrial injury identification is incomplete, the labor and social security administrative department shall inform the applicant in writing once and for all the materials that need to be corrected.

After the applicant has made a request for correction in writing, the labor and social security administrative department shall accept it.

The nineteenth labor security administrative departments can investigate and verify the accident injuries according to the requirements of the audit after accepting the application for work-related injuries. Employers, workers, trade unions, medical institutions and relevant departments should assist them.

The identification of disputes in the diagnosis and diagnosis of occupational diseases shall be carried out in accordance with the relevant provisions of the law on the prevention and control of occupational diseases.

The labor and social security administrative departments shall no longer carry out investigation and verification of occupational disease diagnosis certificates or occupational disease diagnosis certificates.

If the worker or his immediate family considers industrial injury and the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

The twentieth labor and social security administrative departments shall, within 60 days from the date of accepting the application for industrial injury identification, make a decision on the confirmation of work-related injuries, and notify in writing the workers or their immediate relatives and the units where the workers are injured.

Employees of the labor and social security administrative departments should be evaded if they have an interest in the identification of applicants for industrial injury.

Twenty-first workers have work-related injuries, and after treatment is relatively stable, they will be disabled and influence their ability to work.

The twenty-second identification of labor ability is the grading of the degree of labor dysfunction and the degree of self handicap.

Labor dysfunction is divided into ten disability grades, the heaviest one and the lightest grade ten.

Barriers to self-care can be divided into three levels: life can not be taken care of at all, most of the life can not take care of themselves and part of life can not take care of themselves.

The standard of labor capacity appraisal shall be formulated by the labor and social security administrative department of the State Council in conjunction with the health administrative department of the State Council and other departments.

The twenty-third labor capacity appraisal is made by the employing units, work-related injury workers or their immediate family members to the municipal level labor capacity appraisal committee, and the relevant information on the determination of work-related injury and the medical treatment of work-related injuries for workers are provided.

The twenty-fourth provinces, autonomous regions and municipalities directly under the central government, the labor capacity appraisal committee and the municipal level labor capacity appraisal committee are composed of the labor and social security administrative departments, personnel administration departments, health administrative departments, trade union organizations, agencies and representatives of the employing units of the provinces, autonomous regions, municipalities directly under the central government and municipal districts.

The labor capacity appraisal committee set up a medical and health expert database.

The medical and health professionals who are included in the expert database shall meet the following requirements:

(1) having the qualification of medical and health senior professional and technical post;

(two) master the relevant knowledge of labor capability appraisal;

(three) having good professional ethics.

Twenty-fifth