((Decree No.6 of Dalian Municipal People's Government 1995 was issued on August 28th, and implemented on October 28th).
Editor: Source: Legislative Affairs Office of the Municipal Government Date: 1995-08-28
Font size: large | medium | small background color
-
(1October 28th 1995 promulgated by Decree No.6 of Dalian Municipal People's Government, and shall come into force as of the date of promulgation)
Chapter I General Principles
Article 1 In order to strengthen the management of industrial injury insurance for employees of urban enterprises and protect the legitimate rights and interests that employees and their families should enjoy after work-related injuries, disability and death, these Provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC) and the Provisions on Industrial Injury Insurance for Employees of Urban Enterprises in Liaoning Province.
Article 2 These Provisions shall apply to state-owned enterprises, urban collective enterprises, joint-stock enterprises, associated enterprises, private enterprises, foreign-invested enterprises (including Hong Kong, Macao and Taiwan-invested enterprises) and resident offices of foreign enterprises (hereinafter referred to as enterprises) within the administrative area of our city, as well as workers (hereinafter referred to as employees) who have formed labor relations with them.
Article 3 The labor administrative department of Dalian Municipality is the competent department of Dalian Municipal People's Government in charge of industrial injury insurance for employees of urban enterprises in the city, and should conscientiously do a good job in the supervision and management of industrial injury insurance for employees of enterprises in the city.
County (city), the district labor administrative department under the leadership of the people's government at the same level, responsible for organizing the implementation of work-related injury insurance for enterprise employees within their respective administrative areas.
The labor insurance institutions affiliated to the labor administrative department are specifically responsible for the work-related injury insurance for enterprise employees.
Article 4 Work-related injury insurance shall be combined with work-related injury prevention, safe production and vocational rehabilitation. Enterprises and employees should actively do a good job in production safety, take various preventive measures, effectively strengthen the management of production safety, and prevent industrial accidents.
Chapter II Industrial Injury Insurance Fund
Article 5 The industrial injury insurance fund shall be raised and managed in a unified way in the whole city according to the principle of fixed income and expenditure and balance of payments.
Work-related injury insurance premiums shall be paid by the municipal labor insurance institution directly to the labor insurance institution or withheld by the municipal labor insurance institution on behalf of the bank, and transferred to the "work-related injury insurance fund" account opened by the labor insurance institution in the bank, with the total wages of the enterprise as the base and paid in accordance with the proportion stipulated in Article 6.
The work-related injury insurance premium paid by the enterprise shall be charged in the enterprise management fee.
Article 6 Enterprises shall pay work-related injury insurance premiums according to different rates (see table 1) and implement floating rates according to different rates (see table 2). The differential rate is determined according to the risk degree of injury caused by enterprises to employees and the statistical data of industrial accidents over the years; The floating rate is adjusted once a year by the municipal labor administrative department according to the actual casualty accident rate and industrial injury insurance expenditure in the previous year.
Seventh industrial injury insurance funds must be stored in special accounts, earmarked for the following expenses:
(1) Medical expenses;
(2) Disability grants and pensions;
(3) nursing expenses;
(four) the cost of installation and maintenance of rehabilitation equipment;
(five) the funeral expenses of the dead workers, the pension expenses for supporting the immediate family members, the one-time pension expenses for the immediate family members and the funeral expenses;
(6) If the work-related disability rating is 1 to level 4, the relocation allowance, as well as the travel expenses, accommodation expenses, baggage consignment fees and food allowance during the relocation period shall be paid;
(seven) the units and individuals that have made contributions to safety production and industrial injury insurance shall be rewarded with 5% to 25% of the year-end balance of the industrial injury insurance fund;
(eight) the labor insurance institution shall extract the management service fee according to 3% of the total work-related injury insurance premium;
(nine) according to 5% of the total work-related injury insurance premiums, the accident prevention and detection fees, work-related injury insurance premiums and safety production publicity and education activities fees are extracted;
(ten) according to the total amount of work-related injury insurance 2% extraction of rehabilitation development fees;
(eleven) other expenses related to work-related injury insurance that the municipal government needs to pay accurately.
Eighth work-related injury insurance fund is a special fund for workers' work-related injury insurance, and no unit or individual may occupy it.
The management and use of industrial injury insurance funds shall be subject to the supervision of finance, auditing, trade unions and other departments.
Chapter III Treatment of Industrial Injury Insurance
Article 9 An employee who is injured, disabled or killed due to one of the following circumstances shall be deemed as a work-related injury:
(a) in the production and work area of the unit, engaged in tasks directly related to production and work, resulting in casualties;
(2) Casualty accidents that occur when leaders (including team leaders) assign them to engage in production and work tasks of enterprises; In case of emergency, engaging in work beneficial to the enterprise without being assigned by the leader, resulting in casualties;
(3) Casualties in scientific research, inventions and technological innovations related to the production and work of the enterprise;
(4) Accidental injury or death caused by force majeure in production and work;
(5) Physical injuries (including occupational diseases) caused by engaging in toxic and harmful operations;
(six) in order to safeguard the interests of the state, society and the public, casualties in emergency rescue and disaster relief activities;
(seven) when going out on business, road traffic accidents that are not my main responsibility, as well as other accidents that cause injuries or disappearances, and sudden diseases are not rescued and treated in time, resulting in death or complete loss of working ability;
(8) The employee suffers from a traffic accident that is not his responsibility within the normal route during commuting hours, or the casualties caused by taking the commuter bus of this unit are not his responsibility;
(nine) disabled in the line of duty or disabled by war after the recurrence of old injuries;
(ten) other work-related injuries and deaths identified by the municipal labor administrative department.
Article 10 Employees who meet the requirements of Article 9 and are injured or disabled at work shall enjoy the following benefits of work-related injury insurance:
(a) medical expenses, general medicine expenses, hospitalization expenses, medical expenses during hospitalization and my food subsidies (medical expenses and food subsidies, according to the provisions of the travel expenses of public servants in our city).
(2) If the employee's work-related disability rating is 1-4, he/she shall quit his/her production and work post, terminate his/her labor relationship with the enterprise, go through retirement procedures and enjoy the following benefits:
1. monthly disability pension (i.e. basic pension and subsidy), accounting for 90%, 85%, 80% and 75% of the city's average monthly salary;
2. Payment of regular disability benefits on a monthly basis, namely, 50 yuan, 45 yuan, 40 yuan and 35 yuan;
3. Pay the nursing fee monthly, and the grade of 1 to 3 is 50%, 40% and 30% of the average monthly salary of the whole city in the previous year;
4. In case of relocation, the relocation allowance will be paid for three months according to the average monthly salary of the whole city last year, and the relocation fee and baggage consignment fee will be paid at one time 1 1,000 yuan.
(3) One-time disability allowance will be paid to the disabled person identified as Grade 5 to 10, calculated according to the average monthly salary of the whole city in the previous year, which are 16 months, 14 months, 12 months, 10 months, 8 months and 6 months respectively.
(four) workers must install artificial limbs, dentures and eye masks because of work-related injuries; With the consent of Dalian Labor Appraisal Committee Office (hereinafter referred to as Labor Appraisal Institute), the required expenses shall be paid according to the prescribed standards (see Table 3) and adjusted with the price changes.
Eleventh in line with the provisions of Article 9 of these measures (including 1 to 4-level employees who died after retirement), the relevant expenses shall be paid according to the following standards:
(a) funeral expenses, according to the city's last year, the average monthly wage of 5 months;
(two) to support the immediate family pension, 40% per person per month according to the city's social average monthly salary; Although the only child is not an immediate family member of the deceased employee, but no one else is listed as an immediate family member of the deceased employee, a monthly pension will be paid at 40% of the average monthly salary of the only child in the previous year of this Municipality until the support conditions are lost;
(three) a one-time pension, paid to immediate family members, calculated according to the average monthly salary of the city in the previous year for 48 months; In case of death due to the maintenance of social order or emergency rescue and disaster relief, the average monthly salary of the city in the previous year will be issued for 60 months;
(4) The travel expenses and accommodation expenses of the immediate family members of the on-the-job employees who died at work and arranged the funeral shall be calculated and paid in a lump sum according to the average monthly salary of the whole city in the previous year.
Twelfth wages, various allowances and subsidies, insurance benefits and other benefits paid by the enterprise during the treatment of work-related injuries.
Employees who are rated as Grade 5 or Grade 6 due to work-related injuries, who voluntarily or have difficulties in enterprise placement, can leave their posts for rest, and the enterprise will pay them 70% of the city's average monthly salary every month until they meet the retirement conditions.
Thirteenth regular treatment according to the city's last year's social per capita wages, with the growth of social per capita wages, adjusted once a year in May.
Article 14 If there is a third party's civil liability for an industrial accident, civil compensation shall be given according to law. If the amount of compensation is higher than the treatment of industrial injury insurance, the treatment of industrial injury insurance will no longer be given; Below the treatment of work-related injury insurance, the difference is partly made up by the work-related injury insurance fund. If the enterprise or industrial injury insurance institution has paid the medical expenses for work-related injuries, the parties concerned shall repay the paid expenses after obtaining civil compensation.
Article 15 If an employee goes out on business and is missing due to an accident, his salary shall be paid by the enterprise within three months from the date of the accident; Starting from the fourth month, the labor insurance institution will pay the pension for supporting the immediate family members on a monthly basis, and other expenses will be paid after the people's court declares the death. If a citizen who has been declared dead reappears and the court cancels the conclusion of death, the fees collected shall be returned.
Article 16. If a foreigner who participates in work-related injury insurance is disabled or dies abroad, the foreign party shall bear the responsibility for compensation for work-related injuries and actively seek compensation from the foreign party. If compensation is obtained, domestic industrial injury insurance benefits will no longer be issued; Should be borne by the city's liability for compensation for work-related injuries, according to these provisions.
Chapter IV Administration of Work-related Injury Insurance
Seventeenth employees injured at work, enterprises should actively organize to send them to designated hospitals for treatment, and report to the local labor insurance agencies. In case of special circumstances, if it is really necessary to rescue and treat nearby, it can be rescued and treated nearby first, but it must be filed with the labor insurance institution and sent to the designated hospital for treatment after the injury is stable. If it is really necessary to be transferred to another hospital or treated in another place, it must be approved by the health administrative department and the labor administrative department of Dalian. Without the approval of the transfer or treatment in different places, the labor insurance institution shall not pay the medical expenses.
Eighteenth employees injured at work, medical expenses paid by the enterprise temporarily before the end of medical treatment, and paid by the labor insurance institution once after the end of medical treatment. All expenses incurred when the injury is inconsistent with the medication prescription or refuses to leave the hospital after being notified by the hospital shall be borne by themselves.
Article 19 If an employee is injured at work and the medical treatment period reaches 18 months, he must conduct labor appraisal and assess the disability level. The level of disability is determined by the Municipal Labor Appraisal Institute according to the Dalian Medical Labor Appraisal Standard.
Article 20 The labor administrative department of Dalian shall, after providing medical treatment to the employees injured at work and assessing the level of disability, issue a Work-related Disability Treatment Certificate; Lineal relatives who died at work shall issue a pension certificate for lineal relatives. The certificate of the enterprise contractor goes to the labor insurance institution to receive work-related injury insurance money.
After review, the insurance benefits of employees who are disabled due to work should be adjusted accordingly when the degree of disability or self-care ability changes. When the conditions for enjoying insurance benefits are lost, the certificate issued by it shall be cancelled.
Twenty-first enterprises and employees signed a labor contract, it should be clear about the responsibility of work-related injury insurance.
When an enterprise is leased, contracted, merged or auctioned, the new operator must bear the responsibility of industrial injury insurance for the employees of the original enterprise.
Workers (including retired and resigned employees who have been employed, and employees who have left their jobs without pay) who have an industrial accident during their secondment or temporary employment shall be liable for industrial injury insurance by the seconding or employing enterprise.
Twenty-second enterprises with industrial accidents should actively cooperate with the labor administrative departments and labor insurance institutions to establish and improve the files of employees with industrial injuries, disabilities and deaths, and support their immediate family members.
Twenty-third disabled persons shall stop the treatment of work-related injury insurance they have enjoyed during the period of serving their sentences and reeducation through labor. After being released from prison or released from reeducation through labor, you may apply to the labor administrative department to restore the original industrial injury insurance benefits.
Twenty-fourth workers who refuse to check and treat for no reason affect the normal work of work-related injury insurance. Enterprises and labor insurance institutions can stop the relevant treatment. For those who have been confirmed by the annual review or appraisal of the municipal labor inspection organ to have recovered their ability to work, they will be treated as absenteeism.
Chapter V Punishment Rules
Twenty-fifth enterprises should pay work-related injury insurance premiums within the prescribed time limit. Failing to pay within the time limit, a late payment fee of 2/1000 of the payable amount shall be added daily and incorporated into the industrial injury insurance fund.
Twenty-sixth enterprises have one of the following acts, the labor department shall impose a fine of 0% to 5% of the work-related injury insurance premium for the previous year:
(a) concealing the truth of the casualty accident and providing false information;
(2) Failing to grant or reduce insurance benefits to employees;
(three) do not bear the responsibility of work-related injury insurance in accordance with the provisions.
Article 27 If an employee who enjoys the treatment of work-related injury insurance or his immediate family members who support him impersonate the insurance money, the labor administrative department shall fully recover the amount he impersonated and impose a fine of the same amount.
Article 28 If employees suffering from work-related injuries or occupational diseases, their relatives or other personnel refuse or hinder enterprise managers and staff of the labor administrative department from performing official duties according to law, the public security organs shall handle them in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Twenty-ninth industrial injury insurance staff dereliction of duty, favoritism, given administrative sanctions by their units; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.
Chapter VI Supplementary Provisions
Article 301Employees (including retirees) who suffered work-related injuries before April 30, 1994 and were assessed as 1-4 by the Municipal Labor Inspection Institute shall enjoy the relevant treatment of these Provisions, but the expenses such as rehabilitation equipment medical treatment, general drugs, hospitalization, my medical expenses and food subsidies during hospitalization shall still be paid by the enterprise; The treatment of work-related injury insurance for disabled employees assessed as Grade 5 to Grade +00 may be implemented by enterprises with reference to these Provisions.
Thirty-first township (town) village enterprise employees work-related injury insurance, by the municipal labor administrative department with reference to these provisions, formulate specific implementation measures.
Article 32 The Dalian Municipal Labor Bureau shall be responsible for the interpretation of these Provisions.
Article 33 These Provisions shall come into force as of1June 1995+1 year1October. Dalian Municipal People's Government Document 1994 17 "Measures for Industrial Injury Insurance for Employees of Urban Enterprises in Dalian" shall be invalidated immediately.
Schedule 1
Work-related injury insurance premium payment standard table
Classification industry standard (%)
1 0.05
2 0.08
3 commerce and trade 0. 10
4. Catering, resident service, agriculture, forestry, animal husbandry and water conservancy 0.20
5 Posts and telecommunications industry, cleaning and hygiene industry 0.30
6 sewing industry, leather, fur and products industry, electronics industry 0.40
7 Textile, food and beverage textile, culture and sports, handicraft manufacturing, electronic manufacturing, pharmaceutical industry, chemical fiber and plastic products industry 0.50.
8. Paper and paper products industry, automobile passenger transport industry, printing industry, salt mining industry and general machinery processing industry 0.60
9 Furniture manufacturing, instrumentation and other computing instruments manufacturing, institutional equipment manufacturing 0.70
10 Electric power, clean and hot water production and supply, building materials and other scrap metal mineral manufacturing, petroleum processing, chemical industry, organic chemical industry, inorganic chemical industry, coking and gas manufacturing 0.80
1 1 ferrous and non-ferrous metal smelting and calendering, calendering and shipbuilding industry 0.90
12 port industry, automobile transportation industry, warehousing and freight transportation industry, loading and unloading industry and wood processing industry 1.00
13 mariculture, marine fishing, water transportation, construction and installation 1. 10
14 open-pit mining industry 1.20
15 toxic gas operation and radioactive operation 1.30
16 underground mining of metals and nonmetals 1.40
17 coal mine 1.50
18 1.60
19 1.70
Note: 1. The classification of enterprises should be carried out according to the National Economic Industry Classification and Code Table (GB4754-84).
2. If the industry or enterprise is not indicated, fill in this form according to the corresponding industry or enterprise.
Schedule II Floating Rate Table of Work-related Injury Insurance
Frequency of industrial accidents by industry (annual ‰) Floating rate (%)
Death, serious injury and minor injury
1 0 ≤0.06 ≤2 0.05
2 0 0.06~0.08 2~3 0.08
3 0 0.08~0. 10 3~4 0. 10
4 0 0. 10~0. 12 4~5 0.20
5 0 0. 12~0. 14 5~6 0.30
6 0 0. 14~0. 16 6~7 0.40
7 0.00~0.02 0. 16~0. 18 7~8 0.50
8 0.02~0.04 0. 18~0.20 8~9 0.60
9 0.04~0.06 0.20~0.22 9~ 10 0.70
10 0.06~0.08 0.22~0.24 10~ 1 1 0.80
1 1 0.08~0. 10 0.24~0.26 1 1~ 12 0.90
12 0. 10~0. 12 0.26~0.28 12~ 13 1.00
13 0. 12~0. 14 0.28~0.30 13~ 14 1. 10
14 0. 14~0. 16 0.30~0.32 14~ 15 1.20
15 0. 16~0. 18 0.32~0.34 15~ 16 1.30
16 0. 18~0.20 0.34~0.36 16~ 17 1.40
17 0.20~0.22 0.36~0.38 17~ 18 1.50
18 0.22~0.24 0.38~0.40 18~ 19 1.60
19 〉0.24 >0.40 > 19 1.70
1. The industry classification corresponds to the industry classification listed in Schedule 1;
2. According to the actual frequency of industrial and commercial accidents in that year (the highest value among deaths, serious injuries and minor injuries), determine the floating value of next year. For example, the actual accident frequency (annual ‰) of a tertiary enterprise in that year is: death 0, serious injury 0. 1 1, minor injury 4. According to this table, the death is 0, and the serious injury is higher than the value of 0.08 ~ 0. 10 in three industries in this table, which belongs to the value of 0. 10 ~ 0. 12 in four industries in this table. Minor injury value 4 is equal to the values of three industries in this table, and the highest value of the three items-serious injury value is taken. Therefore, the enterprise will float to the fourth category next year, and its rate will be 0.
3. The disabled who are assessed as 1-4 by the municipal reeducation-through-labor institute are diagnosed as occupational diseases by the municipal reeducation-through-labor institute, and the floating rate is calculated according to the serious injury value;
4. Adjust the floating rate appropriately according to the income and expenditure of the industrial injury insurance fund of enterprises this year;
5. Floating range: There are two kinds of upward floating at the highest level and two kinds of downward floating at the lowest level every year.
Schedule III Standard Table of Rehabilitation Equipment Expenses
Project purchase and installation fee (RMB)
Prosthetic thigh 400.00
Leg 300.00
Upper limb 200.00
Wheelchair 500.00
Artificial eye 15.00
Ordinary dentures