Who is responsible for work-related injuries?

If it is illegal, the company shall pay wages according to the normal wages during the work-related injury period.

Please look at the following rules:

Chapter III Identification of Work-related Injury

Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:

(1) Being injured by an accident during working hours and in the workplace;

(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;

(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;

(4) Suffering from occupational diseases;

(five) during the business trip, injured or missing due to work reasons;

(6) Being injured by a motor vehicle accident on the way to work;

(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Fifteenth employees in any of the following circumstances, as a work-related injury:

(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;

(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;

(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.

Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.

Sixteenth employees in any of the following circumstances, shall not be identified as work-related injuries or as work-related injuries:

(a) casualties caused by crime or violation of public security management;

(2) Drunkenness causes casualties;

(3) Self-mutilation or suicide.

Article 17 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the administrative department of labor and social security in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of labor and social security, the application time limit may be appropriately extended.

If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their immediate family members and trade unions may apply for work-related injury identification directly to the administrative department of labor and social security in the area where the employing unit is located within 1 year from the date of accident injury or occupational disease diagnosis and identification.

In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial administrative department of labor security shall be handled by the municipal administrative department of labor security where the employer is located in accordance with the principle of territoriality.

If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.

Eighteenth applications for work-related injury identification shall submit the following materials:

(a) the application form for work-related injury identification;

(two) the existence of labor relations with the employer (including factual labor relations);

(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees.

If the materials provided by the applicant for work-related injury identification are incomplete, the administrative department of labor security shall inform the applicant in writing of all the materials that need to be supplemented at one time. The administrative department of labor security shall accept the application after the applicant has corrected the materials according to the written notification requirements.

Article 19 After accepting the application for ascertainment of work-related injuries, the administrative department of labor security may, according to the needs of examination, investigate and verify the accident injuries, and the employing units, employees, trade unions, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the identification of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. The administrative department of labor security will no longer investigate and verify the personnel who have obtained the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate according to law.

If the employee or his immediate family members think it is a work-related injury and the employer does not think it is a work-related injury, the employer shall bear the burden of proof.

Twentieth administrative departments of labor and social security shall, within 60 days from the date of accepting the application for work-related injury identification, make a decision on work-related injury identification, and notify the employees who apply for work-related injury identification or their immediate family members and the units where the employees work.

The staff of the administrative department of labor and social security shall withdraw if they have an interest in the applicant for work-related injury identification.

Chapter IV Appraisal of Labor Ability

Twenty-first workers with work-related injuries are disabled, and their working ability is relatively stable after treatment, so they should be appraised.

Twenty-second labor ability appraisal refers to the level appraisal of the degree of labor dysfunction and self-care disorder.

Labor dysfunction is divided into ten levels of disability, the heaviest being 1 level, and the lightest being1level.

There are three levels of self-care obstacles: life can't take care of itself at all, most of life can't take care of itself, and some of life can't take care of itself.

The labor ability appraisal standard shall be formulated by the administrative department of labor security of the State Council in conjunction with the administrative department of health of the State Council.

Twenty-third labor ability appraisal by the employer, the injured workers or their immediate family members to apply to the Municipal Committee of labor ability appraisal, and provide workers with relevant information on work-related injury appraisal decisions and medical treatment.

Article 24 The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees of cities divided into districts are respectively composed of representatives from the administrative departments of labor security, personnel, health, trade union organizations, agencies and employing units.

The labor ability appraisal Committee establishes a medical and health expert database. Medical and health professional and technical personnel included in the expert database shall meet the following conditions:

(a) with senior professional and technical positions in medicine and health;

(two) to master the relevant knowledge of labor ability appraisal;

(3) Having good professional ethics.

Twenty-fifth districts of the city labor ability appraisal committee after receiving the application for labor ability appraisal, it shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward the appraisal opinions. According to the expert group's appraisal opinions, the municipal labor ability appraisal committee with districts makes a conclusion on the labor ability appraisal of workers with work-related injuries; When necessary, a qualified medical institution may be entrusted to assist in the relevant diagnosis.

The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time.

Article 26 If an entity or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may, within 5 days from the date of receiving the appraisal conclusion, apply to the labor ability appraisal committee of a province, autonomous region or municipality directly under the Central Government for re-appraisal. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final.

Twenty-seventh labor ability appraisal work should be objective and fair. If a member of the labor ability appraisal committee or an expert participating in the appraisal has an interest with the party concerned, he shall withdraw.

Twenty-eighth from the date of the conclusion of labor ability appraisal 1 year later, if the injured workers or their immediate family members, their units or agencies think that the disability situation has changed, they can apply for re-examination and appraisal of labor ability.

Chapter V Work-related Injury Insurance Benefits

Twenty-ninth employees who suffer from accidents or occupational diseases at work shall enjoy medical treatment for work-related injuries.

Workers with work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid.

If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the administrative department of labor and social security of the State Council in conjunction with the administrative department of health and the drug supervision and administration department of the State Council.

If an injured worker is hospitalized, the unit to which he belongs shall issue a hospital food subsidy according to 70% of the food subsidy standard of the unit on business trip; Medical institutions issue certificates and report them to the agency for approval. If the injured workers go to the outside of the overall planning area for medical treatment, the required transportation, accommodation and expenses shall be reimbursed by the unit according to the standard of employees' business trip.

Workers with work-related injuries who treat diseases caused by non-work-related injuries do not enjoy medical treatment for work-related injuries, and are treated according to the basic medical insurance method.

The expenses for rehabilitation treatment of injured workers in medical institutions that have signed service agreements shall be paid by the industrial injury insurance fund if they meet the provisions of the third paragraph of this article.

Thirtieth injured workers can install artificial limbs, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices for their daily life or employment needs, and the required expenses shall be paid from the industrial injury insurance fund according to the standards stipulated by the state.

Article 31 If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly.

The paid shutdown period generally does not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.

Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it.

Thirty-second workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care, the work-related injury insurance fund will pay the life care fee on a monthly basis.

Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively.

Thirty-third workers who are disabled due to work are identified as first-class to fourth-class disabilities, retain their labor relations, quit their jobs, and enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 months' salary for fourth-class disability;

(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference;

(3) Employees who have reached retirement age and gone through retirement formalities shall stop paying disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.

If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.

Thirty-fourth workers who are disabled due to work are identified as five or six disabled, and enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: my salary is level 5 disability 16 months, level 6 disability 14 months;

(two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Thirty-fifth workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 12 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months;

(two) the expiration of the labor contract, or the employee himself proposed to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Thirty-sixth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 29, 30 and 31 of these Regulations.

Article 37 If an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions:

(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;

(2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council;

(three) the standard of one-time work death subsidy is the average monthly salary of employees in the overall planning area for 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

If a disabled employee dies at work during the period of paid suspension, his immediate family members shall enjoy the treatment stipulated in the first paragraph of this article.

If a disabled worker of Grade 1 to Grade 4 dies after the expiration of the suspension of work with pay, his immediate family members may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.

Thirty-eighth disability allowance, pension for dependent relatives, and living nursing expenses shall be adjusted by the administrative department of labor and social security in the overall planning area according to the changes in the average salary and living expenses of employees. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Thirty-ninth employees who go out for work or whose whereabouts are unknown during emergency rescue and disaster relief shall be paid wages within 3 months from the month of the accident, and wages shall be stopped from the fourth month. The industrial injury insurance fund shall pay pensions to its dependent relatives on a monthly basis. Life is difficult, you can advance 50% of the one-time work death subsidy. If an employee is declared dead by the people's court, it shall be handled in accordance with the provisions of Article 37 of these regulations on the death of an employee due to work.

Fortieth workers with work-related injuries shall cease to enjoy work-related injury insurance benefits under any of the following circumstances:

(1) Losing the conditions for enjoying treatment;

(two) refused to accept the labor ability appraisal;

(3) refusing treatment;

(4) being sentenced to fixed-term imprisonment.

Article 41 Where the employing unit is divided, merged or transferred, the successor unit shall bear the industrial injury insurance liability of the original employing unit; If the original employer has participated in work-related injury insurance, the successor unit shall go to the local agency to register the change of work-related injury insurance.

Where the employing unit conducts contracted operation, the responsibility for work-related injury insurance shall be borne by the unit where the employee's labor relations are located.

If an employee is injured by an industrial accident during the secondment period, the original employer shall bear the responsibility of industrial injury insurance, but the original employer and the secondment unit may agree on compensation measures.

Where an enterprise goes bankrupt, during the period of bankruptcy liquidation, priority should be given to the industrial injury insurance benefits that the unit should pay according to law.

Article 42 If an employee is sent to work abroad and should take part in local industrial injury insurance according to the laws of the country or region where he goes, he should take part in local industrial injury insurance, and his domestic industrial injury insurance relationship is terminated; Can not participate in local industrial injury insurance, its domestic industrial injury insurance relationship is not suspended.

Forty-third workers who suffer work-related injuries again shall enjoy the disability allowance according to the regulations, and enjoy the disability allowance according to the newly recognized disability grade.