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Regulations and measures
Regulations are: state power or administrative organs in accordance with the policy and decrees and issued, for political, economic, cultural and other areas of some specific matters made, more comprehensive and systematic, with long-term implementation of the regulatory instruments. Regulations are one of the forms of expression of the law.
Generally only the provisions of a particular social relationship. Regulations are formulated or approved by the state to provide for certain matters or the organization of an organ, authority, and other normative legal documents, also refers to the constitution formulated by the group. It has the effect of law, is based on the Constitution and the law, is subordinate to the law of the normative documents, everyone must comply with, violate it will bring certain legal consequences.
Approach refers to: the national administrative department of the implementation of a decree, regulations, or the implementation of a certain work methods, steps, measures, etc., to put forward specific provisions of the regulations of the official document. It is a kind of applied writing
Measures for the Implementation of the Regulations on Work-Related Injury Insurance in Jilin Province
(Considered and passed by the 9th executive meeting of the provincial government on September 10, 2013, Jilin Provincial People's Government Decree No. 242)
Chapter I General Principles
Article 1 In order to ensure that employees who suffer from accidental injuries or suffer from occupational diseases due to their work are provided with medical treatment and economic compensation, and to promote the prevention of work-related injuries and the development of the work environment, it is important for us to make sure that we can provide the necessary medical treatment to employees. In order to ensure that employees who suffer from accidents at work or suffer from occupational diseases receive medical treatment and economic compensation, to promote the prevention of work-related injuries and occupational rehabilitation, and to spread the risk of work-related injuries among employers, these Measures are formulated in accordance with the Regulations on Work-related Injury Insurance and in the light of the actual situation of this province.
Article 2 Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in the administrative area of the province and individual businesses with employees (hereinafter referred to as the employer) shall participate in work-related injury insurance in accordance with the laws, regulations and the provisions of these Measures, and shall pay the work-related injury insurance premiums for all the employees or employees of the unit.
The workers and employees of the employer (hereinafter referred to as employees) shall have the right to enjoy the benefits of work-related injury insurance in accordance with the regulations.
Article 3 The employer shall abide by the laws and regulations on work safety and prevention of occupational diseases, and establish a system of responsibility for prevention and control of work-related accidents and occupational diseases, so as to avoid and minimize occupational hazards.
Employees shall comply with the safe production procedures, improve the awareness of accident and occupational disease self-prevention, to avoid and reduce accidents and occupational diseases on their own.
When an employee is injured in an accident or suffers from an occupational disease, the employer shall take measures to enable the injured employee to receive timely treatment.
Article 4: The social insurance administrative departments of the people's governments at or above the county level are responsible for the work of work-related injury insurance in their administrative regions. The social insurance administrative department under the work injury insurance agency specifically undertake work injury insurance affairs.
Article 5 The people's governments at or above the county level in accordance with the division of responsibilities of finance, health and health, civil affairs, housing and urban-rural construction, public security, transportation, industry and commerce, safety supervision, food and drug supervision and other departments, in conjunction with the administrative department of social insurance to do a good job of work injury insurance.
Chapter II Work-Related Injury Insurance Fund
Article 6 The Work-Related Injury Insurance Fund implements a system combining municipal (state) level and provincial level co-ordination, and gradually realizes provincial level co-ordination.
Article 7 industrial injury insurance premiums in accordance with the principle of expenditure to determine revenue, revenue and expenditure balance, to determine the contribution rate.
Provincial social insurance administrative departments, in conjunction with the provincial financial departments, in the country to determine the rate of the principles and specific provisions of the basis for the development and adjustment of the province's industry benchmark rates, reported to the provincial people's government for approval after the announcement of the implementation of the provincial people's government. The social insurance administrative departments of the co-ordinated regions shall formulate the methods for fluctuating the rates in their respective regions and report them to the people's governments of the co-ordinated regions for approval before promulgating them for implementation.
Workers' compensation insurance agency according to the employer to pay the use of workers' compensation insurance fund, the incidence of work-related injuries, the degree of occupational disease hazards, etc., in accordance with the rate fluctuation method, to determine the rate of workers' compensation insurance contributions of the employer.
Article 8 The amount of contribution to be paid by the employer for work-related injury insurance is the product of the total wages of all employees of the employer in the previous year multiplied by the contribution rate of the employer. If it is difficult to pay work-related injury insurance premiums according to the total wages, it shall be implemented in accordance with the relevant state regulations.
Employers should publicize the information about their participation in work-related injury insurance within the organization.
The work injury insurance agency shall promptly handle the formalities of participation and payment of premiums for the employer who meets the conditions for participation in the insurance.
Article 9 The Industrial Accident Insurance Fund shall be managed by the special account of the Ministry of Finance, and shall be used to pay for the treatment of industrial injury insurance for the insured, the appraisal of labor capacity, the publicity and training of industrial injury prevention, as well as other expenses for industrial injury insurance as stipulated by laws and regulations.
Article 10: The reserve fund for work injury insurance shall be withdrawn at a rate of 8% of the total amount of the actual contribution to the work injury insurance fund of the integrated area in the year. When the total amount of the reserve reaches 30% of the actual contribution to the fund, it will not be withdrawn.
In the event of a major work-related accident or insufficient payment from the Work Injury Insurance Fund, the Work Injury Insurance Agency of the co-ordinated area shall apply for and the social insurance administrative department and the finance department at the same level shall agree to use the Work Injury Insurance Reserve. After the reserve is used, it should continue to be withdrawn in accordance with the provisions of the preceding paragraph.
Article 11 The establishment and implementation of the provincial transfer fund system for work-related injury insurance. Provincial transfer fund withdrawal ratio and management by the provincial social insurance administrative department in conjunction with the provincial financial department to specify.
Article 12 The people's government of the integrated area shall advance the payment to the people's government of the integrated area in the event of a major accident in the integrated area in which the workers' compensation insurance fund is insufficient to pay for the shortfall in the use of the workers' compensation insurance reserve fund and the provincial transfer fund. The funds advanced shall be repaid in installments from the balance of the industrial injury insurance fund.
Chapter III: Recognition of Work-Related Injuries
Article 13 In addition to the cases stipulated in the Regulations on Work-Related Injury Insurance, if an employee has one of the following cases, it shall also be recognized as a work-related injury:
(1) Poisoning due to the presence of poisonous and harmful substances in the working environment, and confirmed by the safety supervision department;
(2) Food poisoning caused by eating in the canteen of the employer, and confirmed by the food and drug supervision department;
(2) Food poisoning caused by the food and drug supervision department. Confirmed by the Food and Drug Administration;
(C) by the employer unit assigned to work in an infected area or on business trips, and diagnosed by the county-level or higher medical institutions infected with an epidemic;
(D) to participate in the employer unit organization or by the unit to participate in sports competitions, cultural and artistic performances by accidental injury.
Article 14 The employer, the employee or his/her close relatives, or the trade union organization may, as the applicant for the recognition of work injury, submit an application for the recognition of work injury to the social insurance administrative department of the co-ordinated area where the employer participates in the work injury insurance within the time limit stipulated in the Regulations on Work Injury Insurance.
The social insurance administrative department of the integrated area may entrust the county (city, district) social insurance administrative department to undertake specific work related to the determination of work injury. It should be clear in writing the entrusted matters, standardize the rights and obligations of both parties.
If the employer participates in the provincial work injury insurance agency, the provincial social insurance administrative department is responsible for work injury recognition.
The funds required for the investigation of work-related injuries are included in the budget of the integrated region.
Article 15 The following materials shall be submitted to the application for recognition of work injuries:
(a) application form for recognition of work injuries;
(b) a copy of the labor (personnel) contract, or other materials that can prove that the employee and the employer have a labor (personnel) relationship;
(c) a certificate of diagnosis of injuries and treatment by a medical institution, or a certificate of diagnosis of occupational diseases by an occupational disease diagnostic institution. (C) the medical institution issued a diagnosis of injury, diagnosis of occupational diseases issued by the occupational disease diagnosis or identification of occupational diseases issued by the occupational disease identification agency.
Article 16 In one of the following cases, the application shall also provide relevant proof:
(1) In the case of Article 14 (1), (2) and (5) of the Regulations on Work-Related Injury Insurance, proof of the accident or proof of the whereabouts of the person is unknown;
(2) In the case of Article 14 (3) of the Regulations on Work-Related Injury Insurance, proof of the accidental injury or the certificate issued by the judicial authorities. (b) In the case of Article 14(3) of the Regulations on Work-Related Injury Insurance, a certificate of accidental injury or a relevant legal document issued by a judicial organ;
(c) In the case of Article 14(6) of the Regulations on Work-Related Injury Insurance, a relevant legal document issued by a judicial organ, a public security department, a transportation department, a railroad department, etc., or an organization authorized by laws and regulations;
(d) In the case of Article 15(1) of the Regulations on Work-Related Injury Insurance, a certificate issued by a medical institution;
(e) In the case of Article 15(2) of the Regulations on Work-Related Injury Insurance, a certificate issued by a medical institution;
(e) belonging to the "Work Injury Insurance Regulations" Article 15 (b) of the circumstances, with the relevant units issued by the valid certificate;
(f) belonging to the "Work Injury Insurance Regulations" Article 15 (c) of the circumstances, with the revolutionary disabled military card and medical institutions issued by the diagnosis of recurrence of the old injuries.
(7) the death of the employee, should be accompanied by a death certificate.
Article 17 There is evidence to show that the employee is suspected of intoxication or drug abuse caused the injury, the employer or the department of work-related injuries require testing and the employee or his family refused to test, not recognized as work-related injuries.
The determination of drunkenness, in accordance with the State Administration of Quality Supervision, Inspection and Quarantine "vehicle driver blood, breath alcohol content thresholds and testing" (GB19522-2010) standards, to the public security traffic management departments, medical institutions and other relevant units in accordance with the law issued by the test conclusions, diagnostic certificates and other information as the basis for determination. Drug addiction is recognized, in accordance with the relevant provisions of the state, by the public security organs or its commissioned institutions issued by law, test conclusions, diagnostic certificates and other information as the basis for identification.
Article 18 The social insurance administrative department receives the application for recognition of work injuries and the applicant to provide complete materials, shall within 15 days to make a decision on whether or not to accept; to provide incomplete materials, the applicant shall be informed in writing one-time recognition of work injuries in the prescribed time limit to make corrections to all the materials; does not meet the conditions of the application for recognition of work injuries, shall be informed of the reasons for inadmissibility.
The social insurance administrative department that the work injury recognition does not belong to the jurisdiction of the department, the applicant should be informed of the work injury recognition of the jurisdiction of the social insurance administrative department to apply. If the jurisdiction is disputed, it shall report to the **** same higher social insurance administrative department for designation of jurisdiction.
Article 19 The social insurance administrative department accepts the application for the determination of work-related injuries, in one of the following cases, it may suspend the determination of work-related injuries and notify the applicant in writing:
(a) the case of the determination of work-related injuries requires the judiciary, administrative organs, labor and personnel disputes arbitration agencies to make conclusive instruments;
(b) the case of the determination of work-related injuries is special, and requires the higher departments to put forth
(C) the case of work-related injuries is significant and complex, requiring further investigation and evidence.
Article 20 The social insurance administrative department accepts the application for the determination of work injury, the applicant withdraws the application for the determination of work injury, can be in the "Regulations on Work Injury Insurance" within the time limit for the application for the determination of work injury, to re-file the application for the determination of work injury.
Article 21 After accepting the application for the determination of work injury, the administrative department of social insurance may, according to the needs of the determination work, adopt the following ways to carry out the investigation and verification related to the determination of work injury:
(1) Entering into the relevant units and the scene of the accident;
(2) Consulting the information related to the determination of work injury, questioning the relevant persons and making a transcript;
(3) Adopting the methods of Record, copy, audio, video and other ways to obtain information related to the determination of work-related injuries;
(d) entrusted to the social insurance administrative departments of other co-ordination areas to carry out investigation and verification.
Article 22 The social insurance administrative department shall carry out the investigation and verification related to the determination of work-related injuries by more than two persons **** together, and present documents proving their work status. Recognition of work-related injuries in the process of investigation of commercial secrets and personal privacy shall be confidential.
Article 23 The social insurance administrative department for the investigation and verification of work-related injuries, employers, employees and their families, trade unions, medical institutions and relevant departments (units) shall be assisted, and truthfully provide relevant information and supporting materials.
Article 24 The employee or his close relatives that the work injury, the employer that is not a work injury, the employer shall bear the burden of proof. If the employer refuses to bear the burden of proof, the social insurance administrative department may make a decision on the basis of the valid evidence provided by the applicant for the determination of work-related injuries, or the investigation and verification of evidence and materials obtained.
Article 25 If the employer contracts out the project (business) or the right to operate to an organization or a natural person that does not have the qualification of the employer, and the employee employed by the organization or the natural person suffers an accidental injury at work or suffers from an occupational disease, the contracting party that has the qualification of the employer shall be the employer for the determination of the work-related injuries.
Article 26 In the process of industrial injury recognition of the employer to transfer or change the registered name and other circumstances, the new legal entity as the employer of industrial injury recognition.
Chapter IV Identification of Labor Capacity
Article 27 The province and city (state) shall establish the Labor Capacity Identification Committee. Labor capacity appraisal committee consists of social insurance administrative departments, health administrative departments, trade unions, workers' compensation insurance agencies and employer representatives, responsible for the organization and management of labor capacity appraisal. The Labor Capacity Appraisal Committee has set up an office in the social insurance administrative department at the same level, which is specifically responsible for the daily work.
The Labor Capacity Appraisal Committee shall establish a pool of appraisal experts to appraise labor capacity according to national standards.
Article 28 The provincial social insurance administrative department to make a decision on the determination of work injury, labor capacity assessment by the provincial Labor Capacity Appraisal Committee.
The Provincial Labor Capacity Appraisal Committee can entrust the municipal (state) Labor Capacity Appraisal Committee to make labor capacity appraisal conclusions.
Article 29 In accordance with the principle of rehabilitation and appraisal, after the rehabilitation of the injured worker (not eligible for rehabilitation after the relative stability of the injury), the employer, the injured worker or his close relatives can make a written application for the appraisal of labor capacity to the Commission for the Appraisal of Labor Ability, and submit the relevant information in accordance with the provisions.
If the application for labor capacity assessment is incomplete, the Labor Capacity Appraisal Committee shall inform the applicant in writing of all the materials that need to be corrected, and the date of delivery of the corrected materials shall be the acceptance of the labor capacity appraisal of the starting time.
The employer and the injured worker shall provide the relevant information and participate in the labor capacity appraisal in accordance with the provisions.
Article 30 The expenses required for the initial labor capacity appraisal shall be paid by the Work Injury Insurance Fund if the employer pays the work injury insurance premiums in accordance with the law; if the employer fails to pay the work injury insurance premiums in accordance with the law, it shall be paid by the employer.
Application for re-identification or review of the appraisal, by the applicant to pay the appraisal fee in advance, re-identification or review of the appraisal conclusions and the original conclusions of the same `, the appraisal costs borne by the applicant; re-appraisal or review of the appraisal conclusions and the original conclusions of the inconsistent appraisal costs in accordance with the provisions of the preceding paragraph.
Chapter V Treatment of Work Injury Insurance
Article 31 Employees recognized as work-related injuries, from the month of accidental injury or diagnosis (identification) for occupational disease to enjoy the relevant work injury insurance treatment.
If an employee is injured at work after the registration of the employer, he or she shall be paid the work injury insurance treatment from the Work Injury Insurance Fund in accordance with the relevant provisions.
Article 32 Employees shall go to the designated medical institutions for work injury insurance that have signed a service agreement with the Work Injury Insurance Agency for treatment of work injuries, and in case of emergency, they can go to the nearest medical institution for first aid, and if they still need medical treatment after the first aid is out of danger and the injury is stabilized, they shall be transferred to the designated medical institutions for work injury insurance that have signed a service agreement for further treatment.