Regulations of Guangdong Province on Social Work Injury Insurance

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Constitution of People's Republic of China (PRC) and relevant laws and regulations, and in light of the actual situation of this province, in order to promote safety in production, to ensure that employees receive medical treatment and economic compensation after being injured or suffering from occupational diseases, and to provide pensions for the relatives of employees who died at work. Article 2 These Regulations shall apply to enterprises, institutions, state organs, social organizations, urban individual economic organizations (hereinafter referred to as units) and all their employees (hereinafter referred to as the insured) within the administrative area of this province. Article 3 Work-related injury insurance follows the principle of "safety first, prevention first". Units and insured persons must abide by safety and health regulations and systems, strictly implement national safety and health regulations and standards, actively prevent work-related accidents and reduce occupational hazards. Article 4 People's governments at all levels should strive to develop medical rehabilitation and vocational rehabilitation, and help disabled workers to engage in jobs suitable for their physical conditions. Article 5 The social insurance department is in charge of social work injury insurance. Article 6 People's governments at all levels shall use legal, administrative and economic means to ensure the collection of work-related injury insurance funds and the payment of work-related injury insurance benefits. In case of special circumstances, when the industrial injury insurance fund is insufficient, it will be subsidized by the finance at the same level.

Industrial injury insurance funds and industrial injury insurance benefits shall be exempted from taxes and fees in accordance with state regulations. Chapter II Scope of Work-related Injury Insurance and Appraisal of Labor Ability Article 7 If the insured suffers from disability or death due to one of the following circumstances, he can enjoy the benefits of work-related injury insurance:

(a) engaged in daily production and work in the unit during working hours;

(two) engaged in temporary work assigned by the unit;

(three) with the consent of the unit, engage in scientific research and experiments, inventions or technological transformation related to the work of the unit;

(four) in an emergency, without the assignment of the unit leader, to engage in work that is beneficial to the unit, or to carry out emergency rescue, disaster relief, rescue and other acts to safeguard the interests of the state, society and people;

(5) The occupational disease caused by engaging in a certain professional work in this unit (in line with the relevant occupational disease regulations promulgated by the Ministry of Health) has reached the disability level;

(six) in the commuting time and the necessary route, there is a traffic accident that is not my main responsibility, or an irresistible accident injury;

(seven) during the business trip, traffic accidents or other accidents that are not my main responsibility, as well as missing due to accidents;

(eight) traffic accidents occurred during the driver's work;

(nine) in the implementation of the production tasks arranged by the unit, he died or completely lost his ability to work due to sudden illness;

(ten) confirmed by the labor ability appraisal institution that the work is disabled and the old injury recurs.

If the insured suffers from disability or death due to circumstances other than those specified in the preceding paragraph, and the social insurance department at or above the city (prefecture-level city, the same below) confirms that it meets the relevant provisions of the state, he can enjoy the treatment of work-related injury insurance according to the disability or death caused by work. Article 8 If the insured is disabled or dies due to one of the following circumstances, he shall not enjoy the treatment of work-related injury insurance:

(1) After being injured at work, I intentionally aggravate the injury or unreasonably refuse to accept hospital examination and treatment;

(two) due to my illegal or intentional behavior (such as suicide, self-mutilation, fighting, drinking, drunk driving, intentional violation, etc.). ) or driving without a license ships or motor vehicles;

(3) being judged as a crime by the people's court according to law. Article 9 Where the insured suffers from an industrial accident or occupational disease, the unit shall report to the social insurance department at the same level while reporting to the administrative department of production safety, and submit the industrial injury report within 15 days from the date of the industrial accident or occupational disease. If it fails to report within the time limit, the unit shall be responsible for paying the work-related injury expenses in accordance with the treatment standards stipulated in these regulations. When the social insurance department investigates the accident casualties of the insured, the relevant units should actively cooperate and truthfully report the situation. Article 10 If the insured suffers from work-related injuries or occupational diseases, the medical treatment period and assessment criteria for work-related injuries and disabilities shall be implemented in accordance with the relevant provisions of the state and the province. Article 11 Disability is divided into ten grades, with grades one to four being total loss of working ability, grades five to six being most loss of working ability, and grades seven to ten being partial loss of working ability. Twelfth units to apply for work-related injury insurance benefits are valid for one year. If the insured is disabled or sick at work, it shall be counted from the date when the notice of appraisal conclusion is delivered to the unit. If the insured dies or his whereabouts are unknown at work, it shall be counted from the day when the unit knows that the insured dies or his whereabouts are unknown at work. If the unit fails to apply within the validity period, the unit shall be responsible for paying the industrial injury insurance benefits. Thirteenth people's governments at or above the county level (including the county level) set up labor ability appraisal institutions, which are composed of competent personnel in labor, social insurance, health, personnel and trade unions. The labor ability appraisal institution is responsible for the work of labor ability appraisal and disability rating. Chapter III Industrial Injury Insurance Fund Article 14 Sources of industrial injury insurance funds:

(a) the work-related injury insurance premium paid by the unit;

(two) the industrial injury insurance fund bank deposit interest;

(3) late fees;

(4) local financial subsidies;

(five) other income as prescribed by laws and regulations. Fifteenth work-related injury insurance premiums shall be paid by the unit according to the monthly average wage of all insured persons (statistical caliber) from 5/1000 to 15/1000. The specific proportion shall be determined by the social insurance department and the financial department according to the degree of danger of different industries and the frequency of work-related injuries, and shall be reported to the people's government at the same level for approval before implementation.

Work-related injury insurance can be subject to floating rates, and the social insurance department will appropriately adjust its rates according to the evaluation criteria such as work-related injury accident rate and income and expenditure rate in a certain period of time, so as to encourage units to do a good job in safety production.

The work-related injury insurance premium shall be borne by the unit, and the insured person shall not pay the work-related injury insurance premium.