Labor department of publishing unit
The release number is Lao Ban Fa [1997]5 1.
Release date: 1997-06-06
Effective date 1997-06-06
Expiration date-
Category national laws and regulations
Source of the document-
General office of labor department
Request for approval on issues such as identification of work-related injuries.
(Lao Ban Fa [1997] No.51)
Guangzhou Municipal Labor Bureau:
Your bureau's "Request for Instructions on Determining Work-related Injury" (Sui Lao [1997] No.37) has been received. After study, the reply is as follows:
First, the policy basis for identifying work-related injuries. On February 1996, the general office of the Ministry of Labor issued the Reply on Issues Related to Handling Industrial Injury Disputes (Lao Ban Fa [1996] No.28), which pointed out: "At present, the legal and policy basis for determining industrial injury is the Regulations on Labor Insurance in People's Republic of China (PRC) and the Regulations on Labor Insurance in People's Republic of China (PRC). 1996, 12 In August, the Ministry issued the Trial Measures for Industrial Injury Insurance for Enterprise Employees (No.266 issued by the Ministry of Labor [1996], hereinafter referred to as the Trial Measures), and Articles 8 to 12 of the Trial Measures made new provisions on the scope and identification procedures of industrial injuries. Therefore, the current work-related injury identification policy should be implemented in accordance with the relevant provisions of the Trial Measures and the Labor Insurance Regulations.
Two, for the driver in the traffic accident caused my casualties and I am responsible for whether it is identified as work-related injuries. On February 30th, 1996, 1996, the general office of the Ministry of Labor issued the Reply on the Identification of Driver's Work Injury (Lao Ban Fa [1996] No.271), and made a document on Lao Ban Fa [1996] No.28.
Three, for workers injured by traffic accidents, enjoy the treatment of road traffic accident compensation and industrial injury insurance. Article 28 of the "Trial Measures" has been stipulated and shall be implemented accordingly. Item (1) stipulates: "If traffic accident compensation has paid the medical expenses, funeral expenses, nursing expenses, disabled appliances expenses and lost time, the enterprise or industrial injury insurance agency will no longer pay the corresponding treatment". The "medical expenses" referred to here are generally paid with documents when the traffic accident is closed. If treatment is still needed after the case is closed, the medical expenses for the recurrence of the old injury will be paid by the enterprise or the industrial injury insurance agency after the compensation of the injurer (responsible party) is completed (confirmed by medical documents).
If the degree of disability is identified as Grade 5 or Grade 6, the disability pension stipulated in Item (4) of Article 24 of the Trial Measures shall be paid by the enterprise. After the road traffic accident is closed, it is really the medical expenses for the recurrence of work-related injuries, which shall be handled in accordance with the principle of payment by the enterprise or the work-related injury insurance agency, and the method of sharing by units and individuals shall not be implemented.
Four, in addition to road traffic accidents, work-related injuries also involve other civil damages, such as "personal injury caused by performing duties" as stipulated in Item (5) of Article 8 of the Trial Measures, and the treatment of civil damages and work-related injury insurance benefits should also be handled with reference to the provisions of Article 28 of the Trial Measures.
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