Policy Interpretation: Work Accidents On The Way To Work And Work Accidents

The industrial injury insurance Ordinance, which was amended by the 136th executive meeting of the State Council, was officially promulgated and will come into effect on January 1, 2011. According to the December 20, 2010 decision of the State Council on Amending the regulations on work-related injury insurance, the regulations on industrial injury insurance are divided into 8 chapters, namely, general principles, work-related injury insurance funds, work-related injury identification, labor capacity identification, work-related injury insurance benefits, supervision and management, legal liability and supplementary provisions, and a total of 67. The reporter interviewed the head of the Legislative Affairs Office of the State Council on relevant issues.

Application scope of work-related injury insurance

The original regulations stipulate that enterprises, employees, workers and workers (employees) who have employees should participate in work-related injury insurance. However, there are no provisions for work-related injuries in institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms, etc., but authorize the relevant departments of the State Council to formulate specific measures. In 2005, the Ministry of labor and social security, the former Ministry of personnel, the Ministry of civil affairs and the Ministry of Finance jointly issued the notice on the work-related injuries of public institutions and non-profit organizations. It has clearly stipulated the work-related injury treatment for staff members of the two types of institutions, social groups and private non enterprise units that are not related to the management of the civil service law, but not for the workers and staff members of other organizations, social organizations and other organizations outside the two categories. At present, most places do not stipulate, and the regulations have not been unified.

In order to solve the problem of unclear and uncoordinated work injury policies for the workers, the new regulations expand the scope of application of industrial injury insurance, and do not refer to institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other organizations managed by the civil servant law, which are also included in the scope of work-related injury insurance. In this way, after the implementation of the new regulations in January 1, 2011, enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other individual businesses must participate in work-related injury insurance.

Two adjustments to the scope of industrial injury identification

The new regulations have made two adjustments to the scope of industrial injury identification: first, expanding the scope of work injury identification on the way to commute, and bringing injuries to motor vehicles and non motor vehicles on the way to work, as well as urban rail transit, passenger ferry and train accidents, were included in the scope of work-related injury identification. Meanwhile, the "non principal responsibility" of the accident was defined. Two, according to the provisions of the social insurance law, the scope of work-related injuries could not be identified, and the regulations of workers' negligence crimes, violation of public security management behavior and the injury caused by accidents could not be identified as work-related injuries.

At present, the reflection of social injury, identification and dispute handling procedures is complex and the time is too long.

The revision of the regulations has made amendments to procedural problems. First, the summary procedure for industrial injury identification has been increased, and the application for industrial injury identification with clear facts and clear rights and obligations should be made. The decision to identify work-related injuries should be made within 15 days. Two, it is clear that the time limit for re identification and re examination shall be carried out in accordance with the time limit for initial identification. Three, the preamending procedure for administrative reconsideration has been abolished, and the dispute over industrial injury has been stipulated. The relevant units or individuals may apply for administrative reconsideration according to law, or directly bring administrative proceedings to the people's court according to law.

Raise the standard of work-related injury treatment

According to the person in charge of the Legislative Affairs Office, at present, the standard of one-off subsidy for work in some areas is too low, the lowest area is about thirty thousand or forty thousand yuan, and the national average is 102 thousand and 400 yuan. It is not only difficult to protect the basic life of the workers and their dependents, but also affects the enthusiasm of employers to participate in insurance. To this end, according to the relevant documents of the State Council, the new regulations have adjusted the one-off work allowance standard to 20 times the disposable income of the whole town in the previous year. In 2009, the figure is about 340 thousand yuan.

At the same time, in order to avoid the difference in the treatment of workers and disabled workers, the new regulations will raise the standard of one-time disability allowance in accordance with the affordability of the industrial injury insurance fund. At the same time, the standard of one-off disability allowance is also appropriately raised: the first 3 to four grade, 3 months' salary for the disabled, and 2 months for the five to six grade.

In order to further play the role of the industrial injury insurance fund and reduce the burden on employers, the new regulations have been amended in two ways: first, the one-time industrial injury medical subsidy, the allowance for hospitalization meals and the transportation, accommodation and expenses required for medical treatment outside the planned area, which are originally paid by the employer, are paid for by the industrial injury insurance fund. Two, in order to strengthen the prevention of industrial injury, reduce the incidence of occupational accidents and occupational diseases from the source, decided to increase the cost of industrial injury prevention as an industrial injury insurance fund expenditure project, mainly for industrial injury prevention publicity and training.