In 1998, workers injured at work enjoyed the disability treatment, in accordance with the Ministry of Labor, "Trial Measures for Work Injury Insurance for Enterprise Employees".
Ministry of Labor
"Trial Measures for Work-Related Injury Insurance for Enterprise Employees"
Chapter I General Provisions
Article 1 In order to protect the right of workers to receive medical treatment, economic compensation and vocational rehabilitation for accidents and occupational diseases suffered at work, to spread the risk of work-related injuries, and to promote the prevention of work-related injuries, the Measures are formulated in accordance with the Labor Law.
Article 2 Enterprises and their employees within the territory of the People's Republic of China*** and the People's Republic of China must comply with the provisions of these Measures.
Article 3 the implementation of social coordination of work injury insurance, the establishment of work injury insurance fund, to provide economic compensation to injured workers and the implementation of socialized management services.
Article 4 Enterprises must participate in work-related injury insurance in accordance with the provisions of the State and the local people's government, pay work-related injury insurance premiums in full and on time, and guarantee the work-related injury insurance treatment of their employees in accordance with the standards prescribed by these Measures and the local people's government.
Article 5 of the workers' compensation insurance should be combined with the prevention of accidents and occupational diseases. Enterprises and workers must implement the "safety first, prevention first" policy, comply with labor safety and health laws and regulations, and strictly implement the national labor safety and health procedures and standards to prevent accidents in the labor process and reduce occupational hazards.
Article 6: Employees shall be given timely medical treatment for work-related injuries or occupational diseases. Each region shall, in accordance with the socio-economic conditions of the region, gradually develop the cause of occupational rehabilitation, and help workers disabled at work to engage in labor suitable for their physical condition.
Article 7: The labor administrative departments of the people's governments at and above the county level shall be in charge of the work of work-related injury insurance for enterprise employees in their respective administrative areas.
Social insurance fund agencies at or above the county level handle workmen's compensation insurance business (hereinafter referred to as workmen's compensation insurance agencies), and are responsible for the collection, management and payment of benefits from the workmen's compensation insurance fund, as well as the management and service of workmen's compensation employees.
Chapter II: Scope of Work-Related Injuries and Their Recognition
Article 8: If an employee is injured, disabled or killed in one of the following circumstances, the injury shall be recognized as a work-related injury:
(1) If he or she is engaged in the daily production or work of the organization or the work temporarily designated by the person-in-charge of the organization, or, in the case of an emergency, is engaged in the work directly related to the vital interests of the organization, even though he or she has not been designated by the person-in-charge of the organization.
(b) Arranged or agreed by the person in charge of the unit, engaging in scientific experiments, inventions and technological improvements related to the unit;
(c) Exposure to occupational hazards in the production and working environments resulting in occupational diseases;
(d) Accidental injuries due to insecurity during the production and working hours and in the area or sudden illnesses resulting in death or death from work stress;
(e) Injuries resulting in death or death from work-related illnesses due to work-related illnesses. (d) Accidental injury caused by unsafe factors during production time and in the working area, or sudden illness caused by work stress, resulting in death or total incapacity for work after the first rescue treatment;
(e) Personal injury in the performance of duties;
(f) Engaged in activities to safeguard the interests of the state, society and the public such as emergency rescue, disaster relief, and rescue of people;
(g) Soldiers with disabilities due to public service or war, who are demobilized and reintegrated to work in the enterprise after recurrence of the old wounds;
(h) The work of the company is not subject to the same conditions as the work of the company.
(viii) during work-related outings, due to work-related reasons, suffered traffic accidents or other accidents resulting in injury or disappearance, or due to sudden illness resulting in death or total loss of working capacity after the first rescue treatment;
(ix) in the commute to and from work at the prescribed time and on the route that must be traveled through the road traffic motor vehicle accidents that are not his own responsibility or not his main responsibility ;
(j) Other cases stipulated by laws and regulations.
Article 9 shall not be recognized as a work-related injury if the injury, disability or death is caused by one of the following circumstances:
(1) crime or violation of law;
(2) suicide or self-inflicted injuries;
(3) brawling;
(4) alcoholism;
(5) deliberate violation of regulations;
(6) other circumstances as stipulated by laws and regulations. (f) Other circumstances prescribed by laws and regulations.
Article 10 Enterprises shall, within fifteen days from the date of occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a report on the work-related injury to the local labor administration department.
The injured employee or his relatives shall apply for work injury insurance treatment to the local labor administrative department within fifteen days from the date of occurrence of the accident or the date of diagnosis of the occupational disease. In the event of special circumstances, the application period may be extended to thirty days.
If there is no possibility for the injured worker himself or his relatives to make the application, the trade union organization of the enterprise may make the application for treatment on behalf of the injured worker.
The application for treatment of the injured worker shall be signed by the enterprise and submitted. If the enterprise does not sign the application, the injured worker or his/her relatives may submit the application directly.
Article 11 The labor administrative department, upon receiving the report of injury from the enterprise or the application for treatment of the injured employee, shall organize the investigation and collection of evidence by the work-related injury insurance agency, and make a decision on whether to recognize the injury as a work-related injury within seven days. Special circumstances can be extended, but not more than thirty days.
The determination of a work-related injury shall be based on the following information:
(1) the employee's application for work-related injury insurance treatment;
(2) the diagnosis of the initial treatment of the work-related injury by the designated hospital or medical institution and the diagnostic certificate of occupational disease, and, if it is a minor injury that does not need to go to the hospital for treatment, a diagnostic certificate of the work-related injury by the enterprise's doctor;
(3) a report of the work-related injury by the enterprise or an investigation and evidence collection report by the labor injury report of the enterprise, or the report of the labor injury investigated by the administrative department on the basis of the employee's application.
The decision to recognize the work injury shall be notified in writing to the applicant and the enterprise.
Article 12: If an employee disappears while on duty or in the course of rescue and relief work, his relatives or the enterprise shall report the case to the public security department or the labor administration department in the place where the enterprise is located.
The labor administrative department shall recognize death at work based on the conclusion of the people's court declaring the death.
Chapter III Labor Appraisal and Work-Related Injury Disability Assessment
Article 13 If an employee is cured of a work-related injury during the medical treatment period or if the injury is in a relatively stable state, or if he or she is still unable to work at the expiration of the medical treatment period, he or she shall undergo a labor capacity appraisal to evaluate his or her disability and to periodically review the status of his or her disability.
Article 14 The Labor Appraisal Committees at all levels shall, in accordance with the national standards for the appraisal of the degree of disability caused by work injuries and occupational diseases (national standard GB/T16180-1996) (hereinafter referred to as the standards for the appraisal of disability), appraise the degree of loss of working capacity and the degree of dependence on nursing care of the employees who are injured at work or who have suffered from occupational diseases after being disabled.
The first to the fourth level of the disability evaluation standard is the total loss of working capacity; the fifth to the sixth level is the majority of the loss of working capacity; and the seventh to the tenth level is the partial loss of working capacity.
The determination of disability treatment and the placement of injured workers are based on the assessed level of disability.
Article 15 The labor appraisal committees at the provincial, prefectural (municipal) and county (municipal) levels shall be composed of persons in charge of the local administrative departments of labor, health and other trade union organizations. The office of the labor appraisal committee is located in the labor administrative department at the same level and is responsible for the daily work of labor appraisal.
The labor appraisal committee shall entrust the medical and health institutions with the conditions or hire qualified doctors to form a group of experts to carry out the appraisal of the level of disability and nursing level, can also set up labor appraisal inspection center to carry out the appraisal work.
Article 16 of the labor appraisal committee office staff must have professional knowledge of work-related injuries and disability assessment, and a good grasp of the policies and regulations of work-related injuries insurance.
Doctors hired by the Labor Appraisal Committee to participate in the appraisal shall have a medical technical title of intermediate level or above and shall be issued a letter of appointment by the Committee.
The labor appraisal personnel, when conducting labor appraisal, shall have a comprehensive understanding of the appraisee's situation, strictly implement the policies and regulations on work-injury insurance and the standards for assessing the disability, and objectively and impartially make appraisal conclusions.
The labor appraisal personnel shall implement the avoidance system.
Chapter IV Treatment of Work-Related Injury Insurance
Article 17: Employees shall be entitled to medical treatment for work-related injuries.
The registered fee, hospitalization fee, medical fee, medication fee, and travel fee for medical treatment required for the treatment of work-related injuries or occupational diseases shall be fully reimbursed to the injured workers.
If an injured worker needs to be hospitalized, he/she shall be granted hospital meal allowance in accordance with two-thirds of the local standard meal allowance for business trips; if he/she is approved to be transferred to a foreign country for treatment, the required transportation, food and accommodation expenses shall be reimbursed in accordance with the standard for business trips of the workers of the enterprise.
The medical expenses for treatment of diseases not covered by work-related injuries shall be in accordance with the provisions of medical insurance.
Article 18: If an employee is injured at work or suffers from an occupational disease that requires him to stop work and receive treatment, a medical treatment period for the injury shall be implemented.
The period of medical treatment for work-related injuries refers to the period of time during which an employee who is injured at work or suffers from an occupational disease is required to stop work to receive medical treatment and to receive benefits for work-related injuries. The period of medical treatment for work-related injuries shall be set at one month to twenty-four months, depending on the severity of the injury, and shall not exceed thirty-six months in the case of a serious work-related injury or occupational disease that requires an extension of the medical treatment period.
If the medical treatment period for a work-related injury still requires treatment after its expiration, the worker shall continue to enjoy medical treatment for the injury.
The duration of the medical treatment period for work-related injuries shall be determined by the opinion of the hospital or medical institution designated to treat the injury, confirmed by the Labor Appraisal Committee and notified to the enterprise concerned and the injured worker.
Article 19: The wages of an injured worker shall be suspended during the period of medical treatment for the work injury and shall be replaced by a monthly work injury allowance. The standard of work injury allowance is equal to the average monthly wage income of the injured worker in the twelve months before the injury. After the expiration of the period of medical treatment for the work injury or the evaluation of the grade of disability, the work injury allowance shall be stopped and the employee shall enjoy the disability treatment instead.
Article 20: If an injured worker is assessed as disabled and recognized as in need of nursing care, he or she shall be paid nursing care expenses on a monthly basis.
The nursing grade is differentiated into three grades of total nursing dependence, majority nursing dependence and partial nursing dependence based on five conditions: feeding, turning over, urination and defecation, dressing and washing, and self-mobility. The nursing grade is assessed by the Labor Appraisal Committee.
The nursing fee for work-related injuries is paid at the rate of 50 percent, 40 percent and 30 percent of the average monthly wage of the local workers in the previous year, respectively, according to the above nursing grades.
Article 21 of the workers injured at work, due to the daily life or auxiliary production labor needs, must be placed in prosthetic limbs, instrument eye, dental and configuration of mobility scooters and other assistive devices, in accordance with the standard reimbursement of the domestic popularity of the cost.
Article 22 of the workers disabled at work identified as Grade I to IV, shall withdraw from production, work, terminate the labor relationship with the enterprise, issued to the work injury disability pension documents, and enjoy the following treatment:
(a) monthly disability pension, the standard was ninety to seventy-five percent of their wages. Among them: ninety percent of the first level, eighty-five percent of the second level, eighty percent of the third level and seventy-five percent of the fourth level.
(2) a one-time disability benefit, the standard is equivalent to the disabled employee's own eighteen to twenty-four months of wages. Among them: twenty-four months for Grade I, twenty-two months for Grade II, twenty months for Grade III, and eighteen months for Grade IV.
(3) In the event of illness, the relevant provisions of medical insurance shall be applied, and if there are difficulties in the implementation of the part to be borne by the individual, the Industrial Injury Insurance Fund shall subsidize them at its discretion.
(4) In case of relocation, a relocation subsidy equivalent to six months of the average salary of the workers in the previous year in the province, autonomous region or municipality directly under the central government shall be paid. Travel expenses, hotel fees, baggage handling fees and meal allowances shall be reimbursed in accordance with the standards for employees traveling on official business in their own units.
Article 23: If a person who is disabled at work is recognized as Grade I to Grade IV and receives treatment in accordance with the provisions of Article 22 of these Measures, he or she shall continue to be paid a disability pension by the Work Injury Insurance Fund when he or she reaches the retirement age. If the disability pension is lower than the pension standard that is calculated in accordance with the provisions of the pension insurance, the difference shall be made up by the Work Injury Insurance Fund in accordance with the standard of the pension. The social insurance agency shall at the same time transfer to the Industrial Injury Insurance Fund the portion of the employee's personal contributions to the individual account in the pension insurance fund.
Article 24 If an employee's work-related disability is assessed as Grade 5 to Grade 10, he or she shall, in principle, be arranged by the enterprise to work appropriately, and shall be entitled to the following treatment:
(1) A one-time disability benefit shall be paid according to the grade of disability, at a rate equivalent to six to sixteen months' wages of the disabled employee himself or herself. Among them: sixteen months for grade 5, fourteen months for grade 6, twelve months for grade 7, ten months for grade 8, eight months for grade 9, and six months for grade 10.
(2) When the salary of a person is reduced due to disability, the unit shall pay him an on-the-job disability benefit of ninety percent of the reduced salary, and the on-the-job disability benefit shall be retained when the person's skills are improved and his salary is promoted.
(3) If the recurrence of an old injury is recognized as requiring treatment and rest, the employee shall be entitled to medical treatment for work-related injuries and work-related injury allowance in accordance with the provisions of these Measures.
(4) If the degree of disability is rated as Grade 5 or Grade 6 and the enterprise has difficulty in arranging a job, a disability pension equal to seventy percent of one's salary shall be paid on a monthly basis.
(e) If the degree of disability is rated as Grade VII to Grade X, and the employee is willing to seek self-employment with the consent of the enterprise, or if he or she chooses another job after the termination of the labor contract, he or she shall be given a one-time disability employment grant, the specific standard of which shall be determined by the labor administrative department of the province, autonomous region, or municipality directly under the central government in accordance with the actual situation.
Article 25: If an employee dies at work, he or she shall be paid a funeral grant, a dependent relative's pension, and a one-time death benefit in accordance with the following provisions:
(1) The funeral grant shall be paid at the rate of six months of the average wage of the employee in the preceding year in the province, autonomous region, or municipality directly under the central government.
(2) The dependent relatives' pension is paid to the relatives of the deceased who provided the main source of living during the deceased's lifetime. The standard is: spouse per month by the province, autonomous regions, municipalities directly under the central government in the previous year, forty percent of the average monthly salary of employees, other dependent relatives per person per month at thirty percent, widows and orphans or orphans per person per month on the basis of the above standards, plus ten percent. The total amount of the pension shall not exceed the deceased's own salary.
The scope and conditions of the dependent relatives shall be in accordance with the current regulations, and the dependent relatives shall no longer be entitled to the pension when they lose the conditions of support.
(3) The one-time benefit for work-related death shall be the amount of forty-eight to sixty months of the average salary of the workers in the previous year in the province, autonomous region or municipality directly under the central government, with the specific standards to be determined by the provinces, autonomous regions or municipalities directly under the central government. Compliance with the provisions of Article 22 to enjoy the disability pension during the death, the one-time death benefit of 50 percent of the full amount of the standard issued.
Article 26: The disability pension and the pension for dependent relatives shall be adjusted annually by the provinces, autonomous regions and municipalities directly under the central government in accordance with a certain percentage of the increase in the average wage of employees in the preceding year.
Article 27 of the employees receiving disability pensions and the survivors of employees who died at work, I voluntarily receive a one-time treatment, can be a one-time payment of the relevant treatment and termination of the relationship of work-related injury insurance, the specific payment methods by the provinces, autonomous regions and municipalities directly under the central labor administration department.
Article 28: Work-related injuries caused by traffic accidents shall be dealt with first in accordance with the Measures for Handling Road Traffic Accidents and related regulations. The treatment of work injury insurance shall be implemented in accordance with the following provisions:
(1) If the compensation for the traffic accident has been paid for medical expenses, funeral expenses, nursing care expenses, disability appliance expenses and wages for lost wages, the enterprise or the work injury insurance agency shall no longer pay for the corresponding treatment (the wages for lost wages for the compensation for the traffic accident is equivalent to the work injury allowance). If the enterprise or the work-related injury insurance agency advances the relevant expenses in advance, the employee or his/her relatives shall repay them after obtaining the compensation for the traffic accident.
(2) If the death compensation or disability living allowance paid by the traffic accident compensation has already been received by the injured or injured employee or his/her relatives, the lump-sum death benefit or lump-sum disability benefit of the work-injury insurance shall no longer be paid. However, if the death compensation or disability living allowance paid by the traffic accident compensation is lower than the lump-sum death benefit or lump-sum disability allowance of the work injury insurance, the enterprise or the work injury insurance agency shall make up the difference.
(3) If an employee dies or becomes disabled as a result of a traffic accident, in addition to treating the relevant treatment in accordance with items (1) and (2) of this Article, other work-related injury insurance treatments shall be implemented in accordance with the provisions of these Measures.
(4) If the injured employee cannot obtain compensation for the traffic accident due to the escape of the perpetrator of the traffic accident or for other reasons, the enterprise or the work-related injury insurance agency shall grant work-related injury insurance treatment in accordance with these Measures.
(e) The enterprise or the work-related injury insurance agency shall assist the employee in claiming compensation from the perpetrator, and may advance the relevant medical treatment, allowances and other expenses before obtaining compensation.
Article 29 If an employee goes missing in an accident while away from home on official business, his or her salary shall be paid for three months from the month following the accident, and shall be suspended from the fourth month onwards, and the dependent relatives of the missing employee shall be paid a monthly dependent relative's pension. In the event of hardship, 50 percent of the lump-sum death benefit may be advanced. If the people's court declares the death, the funeral grant and the rest of the treatment.
When the missing person reappears and the court revokes the conclusion of death, the work injury benefits already received shall be returned.
Article 30 If the labor relations of a person who goes abroad or leaves the country are in the country and participates in the work-related injury insurance, and if he is injured, disabled or dies outside the country, and if the relevant party outside the country should bear the responsibility for compensation for the injury, the relevant unit in China shall claim compensation for the injury from the foreign party. The compensation paid by the foreign party shall belong to the person concerned or his relatives, subject to reimbursement of the expenses advanced by the unit concerned.
When compensation for injuries outside China is obtained, the one-time death benefit or one-time disability benefit of the domestic work injury insurance shall no longer be paid, and the relevant unit or the domestic work injury insurance agency may issue other treatment in accordance with these measures.
If the compensation for injuries abroad is lower than the one-time death benefit or one-time disability benefit of the domestic work injury insurance, the relevant unit or domestic work injury insurance agency shall make up the difference.
Where the responsibility for compensation for injuries should be borne by the personnel going abroad or leaving the country, it shall be carried out in accordance with these Measures.
Units participating in the domestic work-related injury insurance shall apply for relevant certificates at the Ministry of Labor if they are sent out for labor service or contracted in a foreign country.
Article 31 A person entitled to a disability pension or a dependent relative's pension who settles abroad may continue to receive the pension on the basis of a certificate of survival, or receive the relevant treatment in a lump sum in accordance with the provisions of Article 27, and terminate the relation of work-injury insurance at the same time. The certificate of survival shall be provided once a year to the workers' compensation insurance organization that pays the pension.
Article 32 of the workers' compensation insurance benefits may be issued to a person who is entitled to workers' compensation insurance benefits during the period of execution of reeducation-through-labor or during the period of serving a sentence for a crime.
Chapter V Work-Related Injury Insurance Fund
Article 33 The medical expenses, nursing care expenses, disability pension, one-time disability benefit, disability assistive device expenses, funeral benefit, dependent relative's pension, and one-time work-related death benefit provided for in these Measures shall be paid by the Work-Related Injury Insurance Fund, while other expenses shall be paid temporarily through the original channels.
Article 34 The Industrial Accident Insurance Fund shall be raised on the basis of the principle of determining income on the basis of expenditure and basic balance of income and expenditure, and shall be deposited in the special account of the Industrial Accident Insurance Fund opened by a bank for the exclusive use of the Fund, and shall not be misappropriated or squandered by any unit or individual.
The Workmen's Compensation Insurance Fund shall keep a certain amount of risk reserve, which shall be temporarily advanced by the government at the same level in case of insufficiency.
Article 35 The Work-Related Injury Insurance Fund consists of the following items:
(1) Work-Related Injury Insurance Premiums paid by enterprises;
(2) Late Payment Fees for Work-Related Injury Insurance Premiums;
(3) Interest on Work-Related Injury Insurance Funds;
(4) Other Funds stipulated by laws and regulations.
Article 36 Work-Related Injury Insurance Premiums shall be paid by the enterprises in proportion to the total wages of the employees, and the individual employees shall not pay the work-related injury insurance premiums.
The work-related injury insurance premiums paid by enterprises shall be expensed in accordance with the channels stipulated by the State. The depositary bank of the enterprise shall withhold the contributions on behalf of the employees in accordance with the regulations.
Article 37 of the workers' compensation insurance premiums according to the risk of casualties and occupational hazards of each industry category to implement differential rates.
Industry risk classification of work-related injuries and differential rate standards, by the local labor administration department based on the statistics of fatal accidents and occupational diseases and the overall cost of the calculation, after consulting the competent departments of the enterprise to put forward a method, approved by the people's government at the same level for implementation.
The differential rates for industrial injury insurance industries are adjusted every five years.
Article 38 The labor administrative department shall assess the safety and health condition and the expenditure on work-related injury insurance of the enterprise in the previous year, and shall appropriately adjust the rate of work-related injury insurance of the enterprise in the next year, and shall implement the floating rate. No charge shall be made to the enterprise for the assessment.
Enterprises that have suffered work-related injuries and occupational diseases and that have used the workers' compensation insurance fund in excess of the control indicators shall increase the rates on the basis of the industry standard rates; if the rates are lower than the control indicators, they shall be reduced. The control targets shall be implemented by the local (municipal) level labor administrative departments after their opinions are approved by the local people's government.
Enterprise industrial injury insurance premium rate adjustment range for the industry standard rate of five to forty percent.
Article 39 The Workmen's Compensation Insurance Fund shall be expended on the following items:
(1) treatment paid under the integrated program;
(2) accident prevention fee;
(3) vocational rehabilitation fee;
(4) safety incentive payment;
(5) publicity and scientific research fee;
(6) workmen's compensation insurance agency management fees;
(vii) office expenses of the Labor Certification Commission.
The proportion of the above expenses to the Work Injury Insurance Fund and the expenditure items of the management fee of the Work Injury Insurance Agency shall be reported to the local people's government for approval.
Article 40: The collection, management and payment of the work-related injury insurance fund shall be formulated by the local labor administrative department in conjunction with the financial department and submitted to the people's government at the same level for approval.
Chapter VI Prevention of Work Injuries and Occupational Rehabilitation
Article 41 The work injury insurance agency shall cooperate with the labor administrative department to supervise the enterprises to implement the state's occupational safety and health laws, regulations and standards, and to take measures such as publicity, education, inspection and rewards and punishments, and to support scientific research on the prevention of work injuries and occupational diseases, and to promote the enterprises to improve the working conditions and to strengthen the management of work safety, and to educate employees to strictly abide by the work safety and health laws and regulations. Educate workers to strictly abide by labor safety and health operating procedures, and reduce the occurrence of casualties and occupational diseases.
For enterprises that have not suffered any work-related accidents or occupational diseases in the current year, or whose incidence rate is lower than the average level of the industry, the work-related injury insurance agency may return five to twenty percent of the work-related injury insurance premiums paid by the enterprise in the current year to the enterprise for use in publicizing work safety and in the education and training of workers in work safety, rewarding the units and individuals that have made contributions to work safety and compensating them appropriately for their efforts to reduce accidents and occupational diseases. Enterprises to reduce accidents and occupational diseases in order to reduce the shortage of funds invested upfront in the construction of production safety facilities and equipment. Specific measures to be stipulated by the regions.
Article 42 of the conditions of the region should be through the workers' compensation insurance fund, private sponsorship and other ways to raise funds, and gradually set up vocational rehabilitation of work-related injuries, to help work-related injuries and disabilities to restore or compensate for the function. The development of vocational rehabilitation shall make use of the existing conditions, can be jointly organized with the relevant hospitals, sanatoriums, can also establish rehabilitation centers for work-related injuries.
Article 43 For persons with disabilities who are injured at work, who have a certain degree of working ability and who need to recover or improve their working ability through specialized training, the labor administrative departments and enterprises shall actively organize specialized training, and the required expenses may be paid out of the vocational rehabilitation expenses of the Work Injury Insurance Fund.
Chapter VII Management, Supervision and Inspection
Article 44: Workers' compensation insurance shall be managed on a local basis, with the central city or prefectural-level city as the main place for social coordination of work-related compensation insurance expenses.
Workers' compensation insurance agencies shall establish and improve various working systems and perform the following main duties:
(1) collecting and managing the workers' compensation insurance fund and paying the workers' compensation insurance benefits;
(2) assisting the labor administrative departments in investigating and collecting evidence on the workers' compensation insurance applications and determining the compensation for the work-related injuries;
(3) establishing medical treatment contracts with the relevant hospitals and medical institutions and managing the medical treatment for the work-related injuries. establish medical contracts and manage medical treatment for work-related injuries and vocational rehabilitation;
(4) carry out statistics on work-related injury insurance;
(5) support and cooperate with the labor administrative department in supervising and inspecting labor safety and health regulations;
(6) carry out publicity, education and consultation on work-related injury insurance and prevention of work-related injuries;
(7) undertake other matters entrusted by the labor administrative department. Other matters.
Article 45: An injured worker shall be treated in a hospital under a medical contract for work-related injuries, and in case of emergency, may go to the nearest hospital or medical institution for treatment.
If an injured worker needs to be transferred to a hospital for treatment or to a medical institution outside the country, the contracted hospital shall give its opinion and must be approved by the Work Injury Insurance Administration Organization.
Article 46: In the event of the death of an injured employee at work, the funeral and burial of the employee shall be conducted in accordance with the relevant provisions of the State.
Article 47 of the workers' compensation insurance agency shall accept the supervision of the provincial and prefectural (municipal) level social insurance fund supervision committee.
Chapter VIII Responsibilities of Enterprises and Employees
Article 48 When an enterprise implements leasing, merger, transfer, or separation, the continuing operator must assume the responsibility for the workers' compensation insurance of the employees of the original enterprise, and register for workers' compensation insurance with the local labor administrative department.
When a construction project is contracted by a number of enterprises or when an enterprise carries out internal or external business contracting, the responsibility for occupational injury insurance shall be borne by the enterprise in which the employees have labor relations.
If an injury occurs during the period in which an employee is seconded or employed, the seconded or employed unit shall be responsible for the work injury insurance.
Article 49: Enterprises must implement medical rescue measures for work-related injuries to ensure that injured workers receive timely treatment, and do a good job of preventing work-related injuries, managing sick and injured workers, and declaring disability appraisals. Enterprises that do not have the conditions to set up an infirmary should ask the local labor appraisal committee to recommend a doctor to manage part-time.
Article 50 Enterprises must truthfully declare the total amount of wages and the number of employees, and timely report on work-related injuries and occupational diseases, and shall not conceal or misreport. Enterprises shall cooperate with and assist the personnel of labor administrative departments and work-related injury insurance agencies in their investigations and understanding of work-related injuries and occupational diseases.
Article 51: Employees engaged in occupationally hazardous work shall undergo an occupational health examination at the time of termination or dissolution of the labor relationship or when switching work units. If they are found to be suffering from occupational diseases, the former work unit shall be responsible for handling the work injury insurance; if they are found to be suffering from occupational diseases in the new unit, the new unit shall be responsible for handling the work injury insurance.
Article 52: Employees shall receive education and training in labor safety and health, obey the guidance of the enterprise's safety management personnel, and strictly abide by the safety operation regulations.
Article 53 When applying for work injury treatment, injured workers or their relatives shall truthfully reflect the time and place of the accident, the main course of events, witnesses at the scene and their own wages and income, and family members.
When the labor administrative department and the workers' compensation insurance agency investigates and understands the situation of work-related injuries, the employee, the parties concerned or the relatives shall cooperate and truthfully provide information.
Article 54: If an injured worker is confirmed to have fully recovered or partially recovered his or her labor capacity and is able to work after labor appraisal, he or she shall be subject to the work arrangements of the enterprise.
Chapter IX Dispute Handling
Article 55: In case of disputes with the employer in the declaration of work injuries and the handling of work injury insurance treatment, the dispute shall be handled in accordance with the relevant provisions on the handling of labor disputes.
Article 56: If an injured worker, his relatives or an enterprise is not satisfied with the determination of the work injury made by the labor administration department or the decision of the work injury insurance agency on the payment of treatment, the matter shall be handled in accordance with the relevant laws and regulations on administrative reconsideration and administrative litigation.
Article 57: If an employee is not satisfied with the conclusion of the Labor Appraisal Committee on the level of disability, he may apply for a review to the office of the local Labor Appraisal Committee; if he is not satisfied with the conclusion of the review, he may apply for a reappraisal to the next level of the Labor Appraisal Committee.
The final conclusion of the review appraisal shall be made by the provincial labor appraisal agencies, and the review appraisal procedures shall be stipulated by the labor appraisal committees of the provinces, autonomous regions and municipalities directly under the central government.
Chapter X Supplementary Provisions
Article 58 of the measures referred to in the employee's own wages, refers to the employee's work-related injuries or death of the twelve months prior to the average monthly wage income. When calculating the work-related injury insurance benefits, my salary income is less than seventy-five percent of the average wage of local workers, seventy-five percent of the average wage of local workers as the basis for calculating; higher than three hundred percent of the average wage of local workers, three hundred percent of the average wage of local workers as the basis for calculating.
Article 59: Occupational diseases referred to in these Measures shall be performed in accordance with the "Provisions on the Scope of Occupational Diseases and Measures for Handling Occupational Disease Patients" and the "List of Occupational Diseases" attached thereto, and diagnosed in accordance with the "Measures for the Administration of Diagnosis of Occupational Diseases" and the relevant provisions.
Article 60: Death at work as referred to in these Measures means death directly caused by work-related accidents or occupational poisoning, death during medical treatment for work-related injuries or occupational diseases, death during recurrence of work-related injuries or occupational diseases, as well as death during the period of entitlement to disability pension in accordance with the provisions of Article 22 of these Measures.
Article 61: In case of injury or death of students of colleges and universities, technical schools and vocational high schools who have been interned in enterprises participating in work-related injury insurance, they may refer to the relevant treatment standards of these Measures, and be given lump-sum treatment by the local work-related injury insurance agency. The work-related injury insurance agency shall not charge the schools and enterprises concerned for the insurance costs.
Workers' injury insurance for workers in urban individual economic organizations shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the relevant provisions of these Measures.
Article 62: The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government may formulate implementation measures in accordance with these Measures and in the light of the actual situation in their respective regions, and report them to the Ministry of Labor for the record.
Article 63 These Measures shall be implemented on a trial basis from October 1, 1996 onwards.
Extended reading: insurance how to buy, which is good, hand to teach you to avoid the insurance of these "pits"