The full text of Detailed Rules for the Implementation of Regulations on Industrial Injury Insurance in Shaanxi Province (2020), Compensation Standard of Industrial Injury Insurance in Shaanxi Provinc

The full text of Detailed Rules for the Implementation of Regulations on Industrial Injury Insurance in Shaanxi Province (2020), Compensation Standard of Industrial Injury Insurance in Shaanxi Province. Article 1 These Measures are formulated in accordance with the Regulations of the State Council on Industrial Injury Insurance (Order No.586th of the State Council) (hereinafter referred to as the Regulations) and in light of the actual situation of this province.

Article 2 These Measures shall apply to all kinds of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations within the administrative area of this province, as well as individual industrial and commercial households with employees (hereinafter referred to as employers) and all employees or employees who have formed labor relations with them (hereinafter referred to as employees).

Article 3 The working funds of the industrial injury insurance agencies established by the social insurance administrative departments of the people's governments at or above the county level in accordance with the relevant provisions of the State Council (hereinafter referred to as the agencies) shall be included in the fiscal budget at the corresponding level.

Fourth industrial injury insurance funds on the basis of municipal overall planning, and gradually realize the provincial overall planning.

Fifth work-related injury insurance premiums shall be uniformly collected and implemented in accordance with the relevant provisions of the State Council.

The administrative department of social insurance and the administrative department of finance and auditing shall, in accordance with the provisions of the Regulations and these Measures, supervise the income and expenditure and management of the industrial injury insurance fund.

Article 6 The handling agency shall determine the initial payment rate of the employer according to the industrial and commercial registration and main production and operation conditions of the employer, and according to the differential rates of different industries and the rate standards within the industry. If the employer produces and operates across industries, the payment rate shall be determined according to the industries with higher risks.

Agencies with districts and cities shall, according to the use of work-related injury insurance premiums, the incidence of work-related injuries and the degree of occupational hazards, put forward suggestions on adjusting the employer's rate, and adjust the employer's payment rate after approval by the municipal social insurance administrative department.

Seventh work-related injury insurance premiums shall be paid in accordance with the following provisions:

(1) The employing unit shall pay the fee by multiplying the total average monthly salary of its employees in the previous year by the unit payment rate, and the employees shall not pay the fee.

(2) If the average wage of employees in the employing unit is lower than 60% of the average monthly wage of employees in the previous year, 60% of the average monthly wage of employees in the previous year shall be used as the payment base; If the average salary of employees is higher than 300% of the average monthly salary of employees in the previous year, 300% of the average monthly salary of employees in the previous year will be used as the payment base, and more than some employers will no longer pay fees.

(III) For some construction enterprises, small service enterprises and small mining enterprises that have difficulties in paying work-related injury insurance premiums according to the total wages, the specific payment method of work-related injury insurance premiums shall be determined by the provincial social insurance administrative department in accordance with the relevant provisions of the state and combined with the actual situation in our province.

Article 8 The industrial injury insurance fund shall be used for the following expenses:

(1) Medical expenses for work-related injuries;

(two) one to four industrial injury disability allowance;

(3) One-time disability allowance;

(4) Living nursing expenses;

(5) Funeral subsidies;

(6) Pension for supporting relatives;

(seven) a one-time work death grant;

(eight) auxiliary equipment configuration fees;

(9) Rehabilitation expenses for work-related injuries;

(ten) the appraisal fee for the labor ability of employees with work-related injuries;

(eleven) a one-time medical subsidy for work-related injuries;

(12) Food subsidies;

(thirteen) the transportation and accommodation expenses required by the injured workers to seek medical treatment outside the overall planning area;

(fourteen) the investigation fee for the prevention and identification of work-related injuries;

(fifteen) other expenses stipulated by laws and regulations.

Article 9 The food allowance for hospitalization of workers with work-related injuries and the standard of transportation and accommodation expenses for workers with work-related injuries to seek medical treatment outside the overall planning area shall be stipulated by the Municipal People's Government.

Article 10 If the employer fails to pay the work-related injury insurance premium, and the work-related injury insurance benefits have been paid by the work-related injury insurance fund before the default and have occurred during the default period, the work-related injury insurance benefits during the default period shall be paid by the employer in accordance with the items and standards stipulated in the Regulations and these Measures, and shall be supplemented by the work-related injury insurance fund after payment.

Eleventh the establishment of provincial industrial injury insurance risk reserve system. 5% of the industrial injury insurance fund collected in the same year was used to establish the provincial risk reserve. Each district and city shall pay the provincial risk reserve of the previous year in full in the first quarter of the following year.

When the total accumulated balance of the provincial industrial injury insurance risk reserve exceeds 50% of the income of the industrial injury insurance fund in the current year, the provincial social insurance administrative department and the financial department shall reduce the reserve withdrawal ratio.

The provincial industrial injury insurance risk reserve is used to co-ordinate the industrial injury insurance benefits of major industrial accidents in the region and the payment when the current industrial injury insurance fund cannot make ends meet.

The use of the provincial industrial injury insurance risk reserve shall be applied by the municipal social insurance administrative department and the financial department, and adjusted after the approval of the provincial social insurance administrative department and the financial department.

Twelfth the applicant shall, in accordance with the provisions of the "Regulations" and "measures for the determination of work-related injuries", apply to the social insurance administrative department of the overall planning area where the employer is located. In the following circumstances, relevant certification materials shall be provided:

(a) due to the performance of duties by violence and other accidental injuries, submit the certificate of the public security department, the people's court verdict or other relevant certificates;

(two) during the business trip, the whereabouts of the accident is unknown, which needs to be identified as work-related death, and the judgment of the people's court to declare the death is submitted.

(3) If he is injured by a traffic accident for which he is not primarily responsible or by an urban rail transit, passenger ferry or train accident on his way to and from work, he shall submit a letter of responsibility or other valid legal documents and other relevant certificates from the traffic management department of the public security organ or other relevant departments;

(four) if the employee dies, submit the death certificate of the medical institution;

(five) in working hours and jobs, sudden illness or death within 48 hours after being rescued, submit the rescue certificate of the medical institution.

(six) in the rescue and relief activities to safeguard national interests and public interests, submitted to the civil affairs department or other relevant departments to prove;

(7) For demobilized soldiers disabled in the line of duty or due to war, if the old injury recurs, submit the certificate of disabled revolutionary servicemen issued by the civil affairs department and the certificate of old injury recurrence issued by the labor ability appraisal committee; If the employee's old injury recurs, it shall be submitted to the "Work-related Injury Identification Decision" made by the social insurance administrative department and the appraisal conclusion of the old injury recurrence made by the labor ability appraisal committee;

Article 13 If an employee falls under the circumstances stipulated in Article 16 of the Regulations on Work-related Injury Insurance of the State Council, the written conclusion issued by the statutory authority department or the statutory appraisal institution shall prevail if it is determined that the employee casualty is not a work-related injury or is not regarded as a work-related injury.

Fourteenth the applicant's application for work-related injury identification is under any of the following circumstances, the social insurance administrative department will not accept it, and issue a decision on not accepting the application for work-related injury identification to the applicant:

(a) to apply beyond the time limit prescribed in the Regulations;

(2) The administrative department of social insurance has no jurisdiction;

(three) does not belong to the scope of authority of the administrative department of social insurance;

(4) The retirees employed by the employing unit have been accidentally injured;

(five) other circumstances that are not accepted by laws and regulations.

Fifteenth according to legal procedures to deal with labor relations disputes time is not counted in the time limit for work-related injuries.

Sixteenth provinces and districts and cities of the labor ability appraisal committee shall establish a medical and health expert database. The offices of the provincial and municipal labor ability appraisal committees with districts are located in the social insurance administrative departments at the same level.