Sichuan Province, the implementation details of the regulations on work-related injuries insurance and compensation standards of the content of what is

Hello, I have organized for you on the implementation of the Sichuan Provincial Regulations on Work-Related Injury Insurance and the compensation standard content.

I, the implementation of the rules

Chapter I General? Rules

Article 1? In order to protect the work of accidental injury or occupational disease employees to obtain medical treatment and economic compensation, promote the prevention of occupational injuries and occupational rehabilitation, dispersing the employer's risk of occupational injuries, according to the "People's Republic of China *** and the State Social Insurance Law," "Prevention and Control of Occupational Diseases Law of the People's Republic of China *** and the State Council," the "Regulations on Occupational Injury Insurance," and other laws and regulations, combined with the actual situation in Sichuan Province, to formulate the Regulations.

Article II? Enterprises, institutions, social organizations, social service agencies, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees (hereinafter referred to as employers) within the administrative area of Sichuan Province shall participate in work-related injury insurance, and shall pay the work-related injury insurance premiums for all the employees of the unit or the employees (hereinafter referred to as employees). Individual employees do not pay work-related injury insurance premiums.

Article 3? An employer shall participate in work-related injury insurance for its employees at the place of registration or enrollment in accordance with the law. Employees who are not insured against work-related injuries at the place of registration or enrollment may be insured against work-related injuries by the employing unit at the place of production or operation.

Article 4? Employers and employees shall abide by the laws and regulations concerning work safety and prevention of occupational diseases, implement safety and health procedures and standards, prevent work-related accidents, and avoid and reduce the hazards of occupational diseases. Employers in the field of engineering and construction shall participate in work-related injury insurance in accordance with the law as a concrete measure to ensure the safety of engineering and construction. Can not be in accordance with the employer to participate in work-related injury insurance project, in accordance with the relevant provisions of the state and provincial construction projects to participate in work-related injury insurance.

Article 5? Local people's governments at or above the county level shall strengthen the prevention of work-related injuries, develop the cause of rehabilitation for work-related injuries, and establish a work system of work-related injury insurance that combines prevention, compensation and rehabilitation for work-related injuries. The social insurance administrative departments of the local people's governments at or above the county level are responsible for the work of work injury insurance in their administrative areas, and the social insurance agencies (hereinafter referred to as the agencies) specifically undertake work injury insurance affairs. Provincial and municipal (state) labor capacity appraisal agencies are responsible for the appraisal of employees' labor capacity. The departments of development reform, public security, civil affairs, finance, housing and urban-rural construction, transportation, agriculture and rural areas, water conservancy, emergency management, health, market supervision and management, medical security, taxation and other departments of local people's governments at or above the county level do a good job of the work-related work of work-injury insurance within their respective areas of responsibility.

Article 6? The social insurance administrative department of the local people's government above the city (state) shall, in conjunction with the departments of finance, health and wellness, housing and urban-rural construction, and emergency management, coordinate the determination of the key areas of work-related injury prevention based on the industries, enterprises, types of work, and positions within the jurisdiction that have a high incidence of work-related accidental injury and occupational disease, carry out the publicity and training on work-related injury prevention, and establish a mechanism for the investigation of potential work-related injuries and an early-warning mechanism.

Article 7? Trade union organizations safeguard the lawful rights and interests of workers injured at work in accordance with the law, and supervise the work injury insurance work of employers.

Article 8? The work-related injury insurance fund consists of funds prescribed by the State and the province in accordance with the law, and is coordinated at the provincial level. The work-related injury insurance fund is used for the treatment of work-related injuries as stipulated by the state and these regulations, the appraisal of labor capacity, the publicity and training costs of work-related injury prevention, and other costs for work-related injury insurance as stipulated by laws and regulations. The necessary working expenses for the management of work-related injury insurance, the determination of work-related injuries, and the handling of business shall be guaranteed by the finance at the same level. The social insurance, finance and taxation departments of the provincial people's government, within their respective areas of responsibility, are authorized by the provincial people's government to determine, adjust and publish the standards and rates of treatment for work-related injuries insurance in the province in accordance with the relevant provisions of the State.

Article 9? The agency shall establish and improve the internal financial and auditing system, at least once a year should be announced to the community the income and expenditure of the workers' compensation insurance fund. Social insurance administrative departments, financial departments and audit departments in accordance with the law to monitor the income and expenditure of the workers' compensation insurance fund, management.

Article 10 of the local people's governments at or above the county level shall organize the relevant administrative departments and trade unions and other organizations to establish a coordination mechanism for the work of work-related injury insurance, to build a platform for the **** enjoyment of information, and to coordinate the resolution of major related matters.

Article 11? Local people's governments at or above the county level shall strengthen the publicity and popularization of the work-related injury insurance system, and enhance the self-protection awareness of employees. The judicial administrative department shall strengthen the publicity and education on the legal system of work-related injury insurance, legal services and legal aid. Citizens, legal persons and other organizations in accordance with the law enjoy the right to know information, participation and supervision of the implementation of the system of work-related injury insurance, the right to report illegal acts involving the determination of work-related injuries and the identification of labor capacity.

Chapter II? Recognition of Work Injuries

Article 12? Where an employee who has been injured in an accident or suffers from an occupational disease (hereinafter referred to as the injured employee) has participated in work-related injury insurance, the employer, the injured employee or his/her close relatives, and the trade union organization shall submit an application for the recognition of work-related injuries to the administrative department of social insurance at the same level of the place where he/she has participated in the insurance. If the injured employee has participated in work-related injury insurance at the provincial level, the application for recognition of work-related injury shall be submitted to the social insurance administrative department of the city (state) where the employer is located. For those who have not participated in work-related injury insurance, the application for recognition of work-related injuries shall be submitted to the social insurance administrative department of the county (city or district) where the employer's production and operation take place.

Article 13? An application for recognition of work injury shall be submitted with the following materials:

(1) an application form for recognition of work injury;

(2) documents proving the existence of a labor relationship (including a de facto labor relationship) or a personnel relationship with the employer;

(3) a certificate of medical diagnosis issued by a medical institution (including a certificate of the first diagnosis at the time when the employee is injured), or a certificate of diagnosis of occupational diseases issued by a medical or health institution in accordance with law. , the certificate of diagnosis of occupational disease (or the certificate of diagnosis of occupational disease) issued by the health organization;

(4) other relevant supporting materials that the applicant is able to provide. Article 14? The social insurance administrative department receives the application for recognition of occupational injuries, shall within fifteen days of the applicant to submit materials for examination, the materials are complete, a written decision on acceptance or inadmissibility; materials are incomplete, shall be informed in writing to make corrections required. The applicant in accordance with the corrective requirements of the material, the social insurance administrative department shall, within fifteen days to make a decision on the acceptance or inadmissibility.

Article 15? If an employee suffers an accidental injury or is diagnosed or recognized as an occupational disease in accordance with the provisions of the Law on Prevention and Control of Occupational Diseases, the employer shall, within thirty days from the date of occurrence of the accidental injury or the date of the initial diagnosis or recognition as an occupational disease, submit an application for recognition of the injury to the administrative department of social insurance in accordance with the provisions of these Regulations. In the event of special circumstances, the time limit for application may be appropriately extended with the consent of the insurance administrative department in writing. If the employer fails to submit an application for recognition of work injury in accordance with the provisions of the preceding paragraph, the injured employee, or his or her close relatives, or the trade union organization may, within one year from the date of the accidental injury or from the date of the initial diagnosis or appraisal of the injury as an occupational disease, submit an application for recognition of work injury directly to the administrative department of social insurance. If an employer fails to submit an application for recognition of occupational injury within the time limit stipulated in the first paragraph of this Article, the employer shall bear the costs of occupational injury insurance treatment and other related expenses in conformity with the provisions of the State and these Regulations from the date of the occurrence of the accidental injury or the date of the initial diagnosis or appraisal of occupational disease to the date of the receipt of the application for recognition of occupational injury by the administrative department of social insurance.

Article 16? In any of the following cases, the delayed time shall not be counted in the time limit for the application for the determination of work injury:

(1) exceeding the jurisdiction of the determination of work injury;

(2) exceeding the prescribed time limit for the application;

(3) a decision on the determination of work injury has already been made, and the applicant has filed a second application based on the same facts and reasons in respect of the same injury situation;

( (D) other cases of inadmissibility provided by laws and regulations. Article 18? The social insurance administrative department accepts the application for the determination of work injury, according to the need for review can be on the labor and personnel relations, accidental injuries to investigate and verify the situation. Employers, employees, trade union organizations, medical institutions and relevant departments shall cooperate, and truthfully provide information and related materials. The parties to the labor relationship dispute, the social insurance administrative department shall inform the parties in writing to the labor and personnel dispute arbitration committee to apply for arbitration.

Article 19? The administrative department of social insurance shall, within sixty days from the date of acceptance of the application for the determination of work-related injuries, make a decision on the determination of work-related injuries. For the acceptance of the facts are clear, the rights and obligations of the application for the determination of work-related injuries, shall be accepted within fifteen days from the date of acceptance of the application for the determination of work-related injuries to make a decision on the determination of work-related injuries. Article 20? After the social insurance administrative department accepts an application for the determination of work injury, the time limit for making a decision on the determination of work injury shall be suspended under one of the following circumstances, and the applicant shall be notified in writing:

(1) Where arbitration or litigation of labor-management disputes is underway between the injured worker and the employing unit as to whether or not a labor relationship has been established; (2) Where determination is underway as to whether or not the injured worker constitutes a person who is under the influence of intoxicating liquor or drug addiction, self-inflicted injuries, or suicide or has committed a crime intentionally (b) The determination of whether the injured employee constitutes drunkenness or drug addiction, self-mutilation or suicide, and intentional crime, etc. is underway, and the effective legal documents or concluding opinions have not yet been made;

(c) The People's Court has not yet made a judgment on the declaration of the death of the employee or the judgment of the People's Court has not yet taken effect;

(d) The causality of the work-related injuries and technical appraisal are really needed, and the appraisal conclusion has not yet been made;

(e) Other circumstances stipulated by laws and regulations. After the above circumstances have been eliminated, the social insurance administrative department shall resume the procedure for the determination of work injury within five working days of receiving the conclusions made by the relevant departments, and shall inform the applicant in writing. Article 21? Any one of the following circumstances shall be deemed to have suffered an accidental injury due to work: (1) An employee who suffers an accidental injury in the course of continuous work and in the workplace during necessary life and physiological activities such as eating, resting, and toileting between jobs;

(2) An employee who is assigned by the employer to work in a place declared by law to be an infected area and who is infected with such infectious disease;

(3) An employee who suffers an accidental injury in the course of a contagious disease epidemic and public **** health emergencies and contracted the infectious disease during the work of prevention and treatment;

(4) An employee who suffers accidental injuries while participating in activities organized by the employing unit or assigned by the employing unit to participate in activities organized by other units, except for participation in activities unrelated to work. Article 22? If an injury is sustained due to work or the whereabouts of an accident are unknown during the period of being away from home for work, it shall be recognized as a work-related injury. If an employee is stationed abroad for work reasons, has a fixed residence and a clear routine, the work injury shall be recognized as a work-related injury in accordance with the situation of normal work in the place where the employee is stationed. If an employee is dispatched to work outside the country, his/her work injury insurance shall be implemented in accordance with the relevant state regulations.

Article 23? If a contracting unit with the qualification of employing workers subcontracts or sub-subcontracts the contracted business to an organization or a natural person that does not have the qualification of employing workers, and if a worker recruited by such organization or natural person suffers a work injury while engaging in the contracted business, the contracting unit with the qualification of employing workers shall bear the responsibility for the workmen's compensation insurance. Individuals who are dependent on the unit for foreign business and whose employees are injured on the job, the dependent unit shall bear the responsibility for the workers' compensation insurance.

Article 24? Where an employee is employed in two or more employing units at the same time, each employing unit shall pay the work-related injury insurance premiums for the employee separately. In the event that an employee suffers a work-related injury, the unit in which the employee was working at the time of the injury shall bear the responsibility for work-related injury insurance.

Article 25? The administrative department of social insurance and its staff shall keep the commercial secrets of the unit concerned and the privacy of the individual in the determination of work-related injuries, and shall keep the confidentiality of the persons who provide information and relevant materials. Chapter III? Labor Capacity Determination Article 26? The employer, the injured worker or his close relatives shall apply for initial and review appraisal of labor capacity to the labor capacity appraisal agency of the city (state) where the work injury is recognized. The appraisal of the labor capacity of the casualties of illegal labor units shall be handled by the labor capacity appraisal agency of the city (state) where the unit is located. Those who are not satisfied with the conclusions of the initial appraisal or review appraisal can apply for re-appraisal to the provincial labor capacity appraisal agency. Provincial labor capacity appraisal body to make the conclusion of the labor capacity appraisal for the final conclusion.

II. Compensation standards

1. Medical expenses (reimbursed by the equipment fund and paid by the unit with the invoice)

2. Meal subsidy during hospitalization: RMB 35/day x day (number of days of hospitalization) (Social Security Fund)

3. Transportation expenses for medical treatment in the field: RMB (Social Security Fund)

4. Rehabilitation treatment: RMB (Social Security Fund)

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5. Costs of prosthesis, orthosis, false eyes, false teeth and wheelchair: yuan (Social Security Fund)

6. Wages and benefits during the period of suspension without pay: yuan/month x month = yuan (paid by the unit on a monthly basis)

7. Nursing care: yuan/day x day = yuan (by the unit) [at the rate of 60 yuan/day-80 yuan/day]

8. Lump-sum disability benefit (according to the disability Grade, see the above table calculation, calculated by my actual monthly salary standard)