If a worker with a work-related injury of Grade 5 to Grade 10 suffers from work-related injuries for many times during the continuous work of the same employer, the one-time disability employment subsidy shall be calculated and paid according to the highest disability level of the same employer, and the one-time work-related injury medical subsidy shall be calculated and paid respectively.
Article 38 Before employees retire, the employing unit shall conduct occupational health examination on employees and establish employee health records.
In accordance with the provisions of article fourteenth of these measures, the employer shall pay the relevant treatment according to the provisions after the work-related injury identification and labor ability appraisal. If the employer pays work-related injury insurance premiums for employees according to law, the work-related injury insurance fund and the employer shall pay work-related injury insurance benefits respectively; If the laborer fails to pay the work-related injury insurance premium according to law, the employer shall pay the treatment according to the relevant items and standards stipulated by the state.
Article 39 If a work-related injury is caused by a third person, and the third person is unable to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party.
If an employee suffers work-related injuries due to the reasons of a third party, the injured employee or his close relatives may claim civil compensation in accordance with relevant regulations. The agency shall not refuse to pay the treatment of work-related injury insurance on the grounds that the injured employee or his close relatives bring a civil lawsuit against the third party, except for the medical expenses already paid by the third party.
Fortieth if the employer pays the work-related injury insurance premium in full and on time, the workers with work-related injuries will enjoy the treatment of work-related injury insurance from the day after payment.
The disability allowance, living care fee and one-time disability allowance for workers with work-related injuries shall be received from the month after the appraisal conclusion is made by the labor ability appraisal committee.
Forty-first injured workers in any of the following circumstances, stop enjoying the benefits of work-related injury insurance:
(1) Losing the conditions for enjoying treatment;
(two) refused to accept the labor ability appraisal;
(3) refusing treatment.
If the treatment of industrial injury insurance is stopped, the treatment of industrial injury insurance will be resumed from next month, and the treatment of industrial injury insurance that has been stopped will not be reissued.
Article 42 If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with regulations.
To apply for a pension for dependent relatives, the agency shall inform the applicant to submit the following materials at one time:
(a) the household registration book and identity card of the dependents;
(two) the proof of the source of life issued by the township (town) people's government and the street office;
(3) A certificate issued by the school;
(four) the certificate issued by the civil affairs department of the elderly or orphans;
(five) the adoption certificate of the adopted child;
(six) the appraisal conclusion that the dependent relatives have completely lost their ability to work;
(seven) other materials as prescribed by laws, regulations and rules.
Forty-third workers injured in hospital treatment (including work-related injury rehabilitation treatment) during the food, transportation and accommodation subsidy standards, determined by the overall regional people's government.
The standards of disability allowance, pension for dependent relatives and living nursing fees shall be adjusted in a timely manner by the social insurance administrative department in the overall planning area according to the changes in the average salary and living expenses of employees. Adjustment measures shall be formulated by the provincial social insurance administrative department jointly with relevant departments.
Chapter VI Prevention, Medical Treatment and Rehabilitation of Work Injury
Forty-fourth to establish a joint meeting system of industrial injury prevention with human resources and social security, safety production supervision and management, public security, finance, housing and urban construction, health and family planning, state-owned assets supervision and management, trade unions and other departments and organizations as members. The meeting was convened by the Ministry of Human Resources and Social Security to regularly report the prevention of work-related accidents and study major issues of work-related injury prevention.
By building an information exchange platform, the member units of the Joint Conference on Work-related Injury Prevention can * * share information such as work-related injury identification data, production safety accident data and occupational disease diagnosis and identification data, and timely and comprehensively grasp the work-related injury prevention situation of employers, such as labor safety and occupational hazard management.
Forty-fifth social insurance administrative departments should strengthen the publicity and education of industrial injury insurance policies and regulations, and actively explore the establishment of a scientific and standardized work model for industrial injury prevention. The specific measures for work-related injury prevention, the extraction ratio, use and management measures of work-related injury prevention expenses shall be formulated by the provincial social insurance administrative department in conjunction with the provincial finance and production safety supervision and management departments in accordance with relevant state regulations.
Safety production supervision and management departments shall organize education and training on safety production laws and regulations and related knowledge, urge employers to implement safety production rules and regulations, and improve employees' safety awareness and self-help and mutual rescue ability.
Health and family planning departments should strengthen the publicity and education of occupational disease prevention and control, popularize the knowledge of occupational disease prevention and control, enhance the concept of occupational disease prevention and control of employers, and improve the health awareness and self-protection ability of employees.
Forty-sixth social insurance administrative departments and agencies shall establish a work-related injury accident reporting system. If an employee has an industrial accident, the employer shall report to the agency within 24 hours after the accident or after accepting the occupational disease diagnosis. In case of emergency, if it is necessary to go to a medical institution in a different place, the employer shall report to the agency within 3 days.
When an employee is injured at work, the employer shall promptly send the injured employee to a medical institution that has signed a service agreement with the agency for medical treatment; In case of emergency, you can go to the nearest medical institution for first aid, and then transfer to the medical institution that signed the service agreement after the injury is stable.
Forty-seventh work-related injury rehabilitation should adhere to the principle of paying equal attention to medical treatment and rehabilitation, and implement the principle of rehabilitation treatment first and appraisal compensation later.
Workers with work-related injuries who need work-related injury rehabilitation may go to rehabilitation institutions that have signed service agreements with work-related injury rehabilitation agencies for work-related injury rehabilitation after confirmation by the labor ability appraisal committee.
Forty-eighth work-related injury employers or employees shall promptly settle the medical and rehabilitation expenses with the agency.
The handling agency shall verify the medical expenses, rehabilitation expenses and the use of assistive devices of injured workers in accordance with the agreement and relevant national catalogues and standards, and settle the expenses in full and on time.
Chapter VII Legal Liability
Forty-ninth acts in violation of the provisions of these measures, laws and regulations have been dealt with, from its provisions.
Fiftieth employers or employees who take illegal means to hinder the staff of the social insurance administrative department from performing their official duties, which constitutes a violation of public security management, shall be punished by the public security organs in accordance with the provisions of the Public Security Management Punishment Law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fifty-first relevant units and individuals who are dissatisfied with the specific administrative acts made by the administrative department of social insurance and its agencies in accordance with these measures may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VIII Supplementary Provisions
Fifty-second measures for the protection of civil servants and managers in the administrative area of this province with reference to the civil service law shall be formulated separately by the provincial people's government according to the relevant provisions of the state.
Article 53 These Measures shall come into force on February 1 day, 2065.
Before the implementation of these measures, if the workers are injured by accidents or suffer from occupational diseases and have not yet completed the work-related injury identification, it shall be implemented in accordance with the provisions of these measures; If the work-related injury identification has been completed before the implementation of these measures, the work-related injury insurance benefits that occurred after the implementation of these measures shall be implemented in accordance with the provisions of these measures.
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