Part I General
Basic Knowledge
Workers' Compensation Dispute Resolution Process1
Difficulties and Answers
1. What is the relationship between workers' compensation insurance and personal accident insurance? 4
2. What kind of private non-enterprise units are referred to in the workers' compensation insurance system? 5
3. What kind of organizations are referred to as social organizations under the Workmen's Compensation Insurance System? 5
4. How do labor unions safeguard the legitimate rights and interests of workers injured at work, and how do they supervise the work-related injury insurance work of employers?6
5. How do workers who have been injured at work or are suffering from an occupational disease seek medical treatment?6
Laws and regulations
Regulations on Work-Related Injury Insurance7
(Apr. 27, 2003)
Opinions of the Ministry of Labor and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-Related Injury Insurance15
(Nov. 1, 2004)
Labor Law of the People's Republic of China*** and of the State of China15
(Amended Aug. 27, 2009)
Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China*** and of the State of China23< /p>
(Aug. 4, 1995)
People's Republic of China*** and the State Law on Work Safety33
(Amended Aug. 27, 2009)
Circular of the Ministry of Labor and Social Security on the Implementation of the Regulations on Work Safety License to Do a Good Job on Work-Related Injury Insurance Participation by Enterprises43
(Apr. 4, 2005)
Circular of the Ministry of Labor and Social Security on Issues Related to the Participation of Migrant Workers in Work-Related Injury Insurance43
(June 21, 2004)
Circular of the Ministry of Labor and Social Security on Issues Related to Further Improving the Work-Related Injury Insurance Work of the Central Enterprises44
(Sept. 7, 2007)
Ministry of Construction's Guidance on Strengthening the Construction Accidental Injury Insurance 45
(May 23, 2003)
Procedures for the Management of Work-Related Injury Insurance Operations (for Trial Implementation) 47
(June 17, 2004)
Regulations on Work-Related Injury Insurance in Guangdong Province 56
(Revised on January 14, 2004)
Measures of Beijing Municipality for the Implementation of the Measures for the Implementation of the Regulations on Work-Related Injury Insurance in Beijing 63
(Dec. 1, 2003)
Some Provisions on Work-Related Injury Insurance in Tianjin 68
(Nov. 24, 2003)
Provisional Measures for the Implementation of the Regulations on Work-Related Injury Insurance in Henan 72
(Dec. 19, 2003)
Shandong Province's Implementation of the Trial Measures for Implementing the Regulations on Work-Related Injury Insurance in Shandong Province 78
(Nov. 21, 2003)
Interim Measures for Implementing Work-Related Injury Insurance in Chongqing Municipality 80
(Nov. 17, 2003)
Part II: Confirmation of Labor Relationships
Basic Knowledge
I. Confirmation of Labor Relationships is Crucially Important for Compensation for Work-Related Injuries 87
II. Labor Relationship and Its Legal Characteristics87
III. What is the Factual Labor Relationship88
IV. How to Prove Labor Relationship89
Typical Cases
1. Chen Weili v. Lai Guofa Employment Contract Dispute90
2. Jiamusi Suburbs Zhenwei Flour Factory's Disputes Against the Labor and Social Insurance Recognition of the Jiadong Labor and Social Security Bureau of Dongfeng District of Jiamusi City90
3. The case of Jiamusi City Sub-district Zhenwei Flour Factory against Jiamusi Dongfeng District Labor and Social Security Bureau's Decision of Work Injury Determination No. (2004)3.93
Questions and Answers
1. How to differentiate between de facto labor relations and labor relations?94
2. Whether a nanny who is injured by an accident while working at her employer's home should be treated as a work-related injury.95
3. Whether an accident in which the employer employs a worker without a business license is a work-related injury or a workplace injury.96
4. accident, is it a work-related injury or a general personal injury?95
4. Whether the labor relationship exists after the verbal notice of dismissal?95
Laws and regulations
Law of the People's Republic of China on Labor Contracts96
(June 29, 2007)
Regulations on the Implementation of the Law of the People's Republic of China on Labor Contracts 106
(September 18, 2008)
Circular of the Ministry of Labor and Social Security on Matters Relating to the Establishment of Labor Relationships 109
(May 25, 2005)
Part III: Determination of Work Injuries
Basic Knowledge
I.What is Determination of Work Injuries111
II.Work Injuries Determination of the scope of work-related injuries111
Three, the application for the determination of work-related injuries112
Four, the acceptance of the determination of work-related injuries113
Five, the burden of proof for the determination of work-related injuries114
Four, the decision on the determination of work-related injuries114
VII, the remedies for the conclusion of the determination of work-related injuries 115
Typical Cases
1. He Wenliang v. Chengdu City, Wuhou District Labor Bureau of work injury administrative action 116
2. Xiamen Xingrong Automobile Transportation Co., Ltd. v. Xiamen Tong'an District Personnel Labor and Social Security Bureau of the work injury 118
3. Ren Maogu v. Chongqing Yuzhong District Labor Bureau of the nature of the work injury 121
Troubleshooting
1. Is the mental illness caused by shock in the course of work considered a work-related injury? 123
2. Is an accident involving an intern considered a work-related injury? 123
3. What should be done in the event of a workplace accident when an employee works in two organizations? 124
4. Can a retiree who is injured on duty during the rehiring phase be recognized as a workplace injury?124
5. Is an injury sustained while "accompanying food and drink" considered a workplace injury? 124
6. Can an injury be recognized as a work-related injury even if it has been fully compensated for the traffic damage?124
7. What can an employee do if the unit doesn't report the injury?125
8. Can an injury caused by an unauthorized operation be recognized as a work-related injury? 125
9. unit dinner after the accident is not considered work-related injuries?125
Laws and regulations
Work-related injuries insurance regulations (excerpts)126
Work-related injuries recognized 127
(September 23, 2003)
Supreme People's Court on the contract of employers and workers "not liable for work-related injuries" or not? Reply of the Supreme People's Court on the Validity of the Employment Contract "No Responsibility for Work Injuries" 128
(Oct. 14, 1988)
Reply of the General Office of the Ministry of Labor on the Recognition of Work Injuries of Drivers 129
(Dec. 30, 1996)
Reply of the General Office of the Ministry of Labor on the Treatment of Work Injuries if the Hair is Not Done during Working Hours 129
(Dec. 23, 2003) /p>
(June 3, 1994)
Reply Letter from the General Office of the Ministry of Labor on Whether Sickness During Working Hours Can Be Treated Like a Work Injury129
(July 11, 1996)
Reply from the General Office of the Ministry of Labor on the Issue of Casualties and Injuries Occurring During the Recruitment and Assessment of Enterprises130
(July 5, 1995)
Reply of the General Office of the Ministry of Labor to the Request on the Confirmation of Work Injuries and Other Issues130
(June 6, 1997)
Reply of the Ministry of Labor on the Aftermath of Injuries, Disabilities, and Deaths of Expatriated Laborers131
(July 15, 1992)
Reply of the General Office of the Ministry of Labor on Accidents and Injuries Occurring to Retirees on the Way of Outing for Retreat Organized by the Organization of the Unit132
(July 5, 1995)
(July 24, 1993)
Reply Letter from the General Office of the Ministry of Labor on How to Handle the Issues Related to Injuries and Deaths of Enterprises that Provide Production and Business Sites and Conditions for Unlicensed Individuals in Their Own Names 132
(Nov. 25, 1996)
The Ministry of Labor's General Office of the Ministry of Labor and Social Security on How to Classify the Accidental Unit in the Event of a Casualty Accident Occurring in the Leasing Process132
(July 9, 1997)
Reply of the General Office of the Ministry of Labor and Social Security on Issues Relating to the Determination of Work-related Injuries Entrusted to the Arbitration Committee of Labor Disputes133
(Sept. 9, 1999)
Reply from the General Office of the Ministry of Labor and Social Security on Whether an Employee Who Suffers Intentional Injury from Another Person at Work is Recognized as Having Work-Related Injury133
(Jan. 13, 2000)
Response from the General Office of the Ministry of Labor and Social Security on the Statute of Limitations for the Recognition of Work-Related Injury133
(Dec. 3, 2001)
Response from the General Office of the Ministry of Labor and Social Security on the Shaanxi Provincial Department of Labor and Social Security on the Determination of Work Injury and Treatment of Work Injury Insurance 133
(April 22, 2002)
Reply of the General Office of the Ministry of Labor and Social Security on the Application for Administrative Reconsideration of a Work Injury Determination Not Accepted by the Person Involved in the Work Injury 134
(May 18, 2004)
Response to the Request for Instructions of the Supreme People's Court on the Application of the Law on the Determination of Work Injury 134
Supreme People's Court on the Application of the Law on Work Injury Reply of the Supreme People's Court on the Application of Laws in Determining Work Injuries 134
(June 15, 2001)
Response of the General Office of the Ministry of Labor on the Issue of Casualties and Injuries Occurring in the Course of Contracted Outside Work of the Employer's Workers 134
(October 10, 1994)
Part IV: Appraisal of Labor Ability
Basic Knowledge
First, what is labor capacity appraisal135
Second, labor capacity appraisal standards135
Third, labor capacity appraisal of the applicant and appraisal institutions135
Fourth, labor capacity appraisal procedures136
Fifth, appraisal fees137
Sixth, labor capacity appraisal of the conclusion of the unsubstantiated how to do?138
< p>Typical casesZeng Jiaju v. Jiamei Furniture Factory Work Injury Compensation Dispute 138
Troubleshooting
1. How to assess the disability grade of the work injury when the injured worker is disabled in many places? 140
2. medical period has not expired can be assessed disability rating? 140
3. Whether to assess the disability for life?140
4. Whether to treat the recurrence of old injuries as work injuries?141
5. What treatment should I enjoy during the expiration of the contract, and the result of the evaluation of the ability to work is not yet out? 141
6. How to understand the avoidance system of labor capacity assessment? 141
Laws and regulations
Workers' Compensation Insurance Regulations (excerpts)142
Labor capacity appraisal-employee disability grade of work injury and occupational disease143
(November 2, 2006)
Workers who are not due to work-related disability or loss of labor capacity due to disease Identification Standards for the Degree of Invalidity or Disability due to Disease (for Trial Implementation)181
(April 5, 2002)
Notice of the Ministry of Labor and Social Security, the Ministry of Personnel, the Ministry of Health, the All-China Federation of Trade Unions, and the China Federation of Enterprises on Issues Concerning the Appraisal of Labor Ability183
(Sept. 26, 2003)
Opinions on Issues Concerning the Convergence of the Old and New Standards for Appraising the Ability to Work by the Ministry of Labor and Social Security Identification Standards184
(March 6, 2007)
Part V. Handling of Occupational Diseases
Basic Knowledge
I. What is an Occupational Disease185
II. Diagnosis and Identification of Occupational Diseases186
III. Cases
1. Rugao a chemical company v. Rugao City Labor and Social Security Bureau of the decision to identify work-related injuries186
2. Song v. Shenzhen a hardware stationery products factory188
Troubleshooting
1. 1. After leaving the job, found that occupational diseases can apply for work-related injuries identified? 190
2. Is cervical and lumbar spine disease an occupational disease? 190
Laws and regulations
Law of the People's Republic of China on Prevention and Control of Occupational Diseases 192
(October 27, 2001)
Regulations on Prevention and Control of Pneumoconiosis of the People's Republic of China 202
(December 3, 1987)
Methods for the Management of Occupational Disease Hazard Classification of Construction Projects 203< /p>
(March 28, 2002)
Measures for the Administration of Occupational Health Surveillance206
(March 28, 2002)
Measures for the Administration of Diagnosis and Appraisal of Occupational Diseases208
(March 28, 2002)
Measures for Investigating and Handling Accidents of Occupational Disease Hazards212
( March 28, 2002)
Catalog of Occupational Diseases214
(April 18, 2002)
Circular of the General Office of the Ministry of Labor and Social Security on Issues Related to the Implementation of the Prevention and Control of Occupational Diseases in the People's Republic of China216
(March 24, 2003)
Ministry of Health's Notice on Strengthening the Prevention and Control of Occupational Diseases216
(Aug. 1, 2003)
Notice of the Ministry of Health on Further Strengthening the Management of Diagnosis and Appraisal of Occupational Diseases218
(Dec. 23, 2003)
The General Office of the Ministry of Labor and Social Security on whether persons with history of occupational injuries (occupational diseases) in enterprises of mines with depleted resources and those who have completed retirement procedures can be assessed for work disability. Reply to the Question of Whether Personnel with a History of Work Injury (Occupational Disease) and Who Have Been Retired 219
(Nov 22, 2000)
Reply of the Ministry of Health on the Relevant Issues in the Implementation of the Measures for the Administration of Occupational Disease Diagnosis and Appraisal 219
(June 4, 2002)
Reply of the Ministry of Health on the Issues Relating to the Occupational Disease Diagnosis and Appraisal (I) 220
(July 19, 2002)
Approval of the Ministry of Health on Issues Related to the Diagnosis and Identification of Occupational Diseases (II) 220
(August 12, 2002)
Approval of the Ministry of Health on Issues Related to the Diagnosis and Identification of Occupational Diseases 221
(August 2, 2004)
Approval of the Ministry of Health on Issues Related to the Diagnosis of Occupational Diseases in Other Places221
(October 17, 2003)
Approval of the Ministry of Health on Issues Related to the Expert Pool for the Diagnosis and Appraisal of Occupational Diseases221
(July 1, 2004)
Part VI: Treatment and Compensation of Workers' Compensation Insurance
Basic Knowledge
I. What is Workers' Compensation Insurance? >I. What is Work-Related Injury Insurance Treatment222
II. Compensation Items and Standards for Work-Related Injury Treatment222
III. Payment of Work-Related Injury Treatment223
IV. Remedies for Disputes Arising out of Work-Related Injury Treatment223
Typical Cases
1. Liu Mou v. Jiangsu Municipal Company Limited for Work-Related Injury Insurance Treatment224
2. The injured worker recurrence of old injuries after the disability level changes, its treatment how to change?230
3. The enterprise employees due to traffic accidents caused by the work injury, its treatment of work-related injuries, how to determine?230
4. Outside the work of the person in the event of an accident disappeared, how to deal with the treatment of work-related injuries insurance? 230
5. How to deal with the medical expenses of work-related injuries of the staff of institutions and organizations after the occurrence of work-related injuries?230
6. Is it right to refuse to pay for the medical expenses of work-related injuries of an employee who suffered a recurrence of an old injury under the pretext of a medical accident? 230
7. The employee was seconded during the work accident, the work injury treatment should be borne by whom? 231
8. Employees in the administrative punishment during the work injury, can enjoy the work injury treatment? 231
9. When the enterprise goes bankrupt, how to solve the workers' compensation insurance costs? 231
Laws and Regulations
Regulations on Work-Related Injury Insurance (excerpts)232
Methods for Lump-Sum Compensation for Casualties in Illegal Employment Units 234
(September 23, 2003)
Provisions on the Scope of Supporting Relatives of Employees who Die at Work 235
(September 23, 2003)
Reply Letter from the General Office of the Ministry of Labor on How to Investigate and Handle Fatal Accidents Occurring in Cross-Provincial Mobility Construction Enterprises236
(Sept. 23, 1994)
Reply Letter from the Ministry of Personnel on the Enjoyment of Industrial Injury Insurance Treatment by Overseas Sent Laborers236
(Dec. 5, 1996)
Reply Letter from the General Office of the Ministry of Labor on Workplace Injury Insurance Benefits for Workers Who Occur in China and Compensation Paid by Foreign Parties236
(February 17, 1998)
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Personal Injury Compensation236
(December 26, 2003)
Measures for the Administration of Periods of Staying at Work with Salary for Work-Injured Employees of Beijing Municipality241
(December 5, 1996)
Measures for the Administration of Periods of Staying at Work with Salary for Work-Injured Employees of Beijing Municipality241<
(December 3, 2003)
Methods for Paying Work Injury Insurance Benefits to Work-Injured Employees in Beijing255
(December 3, 2003)
Part VII Dispute Handling of Work Injury Disputes
Basic Knowledge
I.Negotiation of Work Injury Disputes257
II.Mediation of Work Injury Disputes257 III. p>
Third, labor dispute arbitration 258
Fourth, labor dispute litigation 260
Fifth, administrative reconsideration 262
Sixth, administrative litigation 265
Troubleshooting
1. In the arbitration of work-related injury disputes, is it possible to apply to the first execution? 266
2. What is the difference between administrative litigation and administrative reconsideration?267
3. Should the people's court accept a lawsuit filed by an injured worker because the signed and performed compensation agreement for the injury does not meet the compensation standard stipulated by the state? 267
Laws and Regulations
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 268
(Dec. 29, 2007)
Law of the People's Republic of China on Chinese People's*** and National Affairs Litigation 273
(Oct. 28, 2007)
Regarding the Application of Certain Articles of the Chinese People's*** and National Affairs Litigation Law by the Supreme People's Court
Supreme People's Court on the Application of Certain Articles of the Chinese People's*** and National Affairs Litigation Law * and National Civil Procedure Law297
(July 14, 1992)
China People's **** and National Administrative Reconsideration Law319
(Amended Aug. 27, 2009)
Chinese People's **** and National Administrative Litigation Law324
(Apr. 4, 1989)
Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Administrative Litigation Law of the People's Republic of China*** and the State of China 331(March 8, 2000)
Regulations on the Handling of Labor Disputes in Enterprises of the People's Republic of China*** and the State of China 341
(July 6, 1993)
Interpretation of Several Issues of the Regulations on the Handling of Labor Disputes in Enterprises of the People's Republic of China*** and the State of China Interpretation of Certain Issues on the Trial of Labor Dispute Cases344
(September 23, 1993)
Interpretation by the Supreme People's Court of Several Issues on the Application of Law in the Trial of Labor Dispute Cases347
(April 16, 2001)
Explanation by the Supreme People's Court of Several Issues on the Trial of Labor Dispute Cases 349
(August 6, 2006)
Supreme People's Court Interpretation of Some Issues on the Application of Law in the Trial of Labor Dispute Cases(II) p>(Aug. 14, 2006)
Circular of the Ministry of Labor and Social Security, the State Economic and Trade Commission, the All-China Federation of Trade Unions, the China Enterprise Confederation and the China Entrepreneurs' Association on Progressing and Strengthening the Handling of Labor Disputes351
(Nov. 14, 2001)
Supreme People's Court on Acceptance of Labor Dispute Cases Notice353
(Oct. 20, 1993)
Reply of the Supreme People's Court on Whether the People's Courts Should Accept Labor Dispute Cases in Which the Labor Arbitration Committee Fails to Make Arbitration Decisions After a Long Period of Time or Makes a Notice of Inadmissibility353
(Sept. 2, 1998)
Reply of the Supreme People's Court on the Issues of the Parties to the Lawsuits in Labor Dispute Cases353
The Supreme People's Court on the Approval Reply on the Issue of Parties 353
(Oct. 19, 1988)
Reply Letter from the General Office of the Ministry of Labor on Some Policy Issues on Handling Labor Dispute Cases 353
(Oct. 10, 1994)
Methods for Administrative Review of Labor and Social Security 354
(Nov. 23, 1999)
Measures for Handling Administrative Disputes on Social Insurance 357
(May 27, 2001)
Supreme People's Court Provisions on Several Issues Concerning Evidence in Civil Litigation 360
(Dec. 21, 2001)
Supreme People's Court Provisions on Several Issues Concerning Evidence in Administrative Litigation 368
( July 4, 2002)
Response of the Supreme People's Court to the Ministry of Labor's Letter on Several Issues Concerning the Trial of Labor Dispute Cases by the People's Courts376
(August 10, 1989)
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