Suzhou lawyer Zhou Zhongsheng Tel: 189 6210 4280QQ:1845 1879 61

   Author Zhou Zhongsheng, the unit for the Jiangsu harmonic of the law firm. On the legal regulations of work-related injury insurance has been studied. In 2010 the "industrial injury insurance regulations" revised Zhou Zhongsheng lawyers worry that was based on the Jiangsu province inductrial injury insurance laws and regulations, fund of inductrial injury insurance can bear high one-time industrial medical expenditure of gold, after several years of practice has proved, weeks lawyer Zhong Sheng worry is correct, the fund of inductrial injury insurance is a lot of pressure.Because many women over 50 years of age, men over 60 years of age who are still on the job, for this part of the legal protection of injured because the reason should be strengthened, so Zhou Zhongsheng's lawyer called for relevant departments to formulate specific provisions of such problems, in order to protect the people, building a harmonious society.Special statement: as others reprint this article must be completely reproduced, cannot interpret out of context, not only reproduced a section or part.

[keyword] statutory retirement age Labor relations treatment of inductrial injury insuranceThe ascertainment of the work-related injuryIndustrial identification

A, [] the statutory retirement age of retirement age related laws, retirement is a kind of protection of the rights of workers, the emphasis is to let workers rest early can enjoy the old-age insurance benefits. At the same time, these Provisions are formulated in the beginning of reform and opening up, with the historical condition at that time has not yet fully considering the large number of migrant workers.

 Provisions of the relevant legal retirement age:

Circular of the State Council issued the "Interim Measures on the" State Council on resettlement Laoruobingcan cadres and workers retire, "the State Council on the resignation of Interim Measures"
[unit] the State Council promulgated
[date] Promulgated by 1978-06-02
[] 1978-06-02 the implementation date
[Effective] effective
　　
"Interim Measures" of the State Council on resettlement Laoruobingcan cadres and the "State Council on retirement, resignation of Interim Measures", the Standing Committee of the CPC Central Committee and has the principle of the National People's Congress for approval, now issued to you, please you pilot projects, sum up experience, and then applies.
The experimental work, to be carried out in the province, city, autonomous region Party committee under the unified leadership. Situation, experience and main views of the pilot, please on October submitted to the State Council, and send a copy of the Organization Department of the Central Committee, the State Bureau of labour, the Ministry of civil affairs, the Ministry of finance, the Ministry of health, the National Federation of trade unions.
[name] Annex: Interim Measures of the State Council on the placement of the old cadres
[note] in May 24, 1978 fifth session of the National People's Congress of the second meeting of the Standing Committee approved the principle of execution.
The full text
Note * the cadres left to rest treatment should be made in accordance with the state (1980) No. 253 of the State Council on published "Circular of the State Council on old cadre turnover Interim Provisions" the rest of the execution.
At present, there are some cadres of our party and the country, because of age and body relation can not continue to adhere to the normal work. These cadres, in China's new democratic revolution and socialist revolution, has done a lot of work for the party and the people, made a valuable contribution to the cause of revolution. The proper placement of these cadres, to enable them to play their proper role, is the party for their care and love, is an important aspect of our Party cadres policy, is also a concrete manifestation of the superiority of China's socialist system. People tend to be older, this is the law of nature. Because of age and body relation and retired, retirement, served as consultants or honorary posts, is normal, is glorious. To retire, retired cadres, to care for them in politics, life, solve their practical difficulties. At the same time, also to education the old cadres, all starting from the needs of the country and the people, subordinate to the party organization. Conscientiously do a good job of sick and elderly cadres placement, to have better troops and simpler administration, improve work efficiency, to three with the construction of all capable leadership, the socialist revolution and socialist construction, has the important meaning.
In order to properly settle the sick and elderly cadres, the following measures are formulated:
First, the various departments of the State Council and its subordinate department bureau mechanism, the Revolutionary Committee of provinces, city, autonomous region and its subordinate departments, provincial city, administrative office level leadership organs and their subordinate departments, county (banner) Revolutionary Committee, at the county level and above the county level, enterprises, institutions, according to the situation. Consultant, in the party and the revolutionary committee leadership, do do everything in one's power work according to their specialty. The consultant to arrange at the same level or higher level of cadres. Arrange object is: as office have difficulties, experienced in struggle, still can do some of the work before the end of September, 1949 to participate in the revolutionary work in prefectural Party committee deputy secretary, Deputy Commissioner of administrative office and a position above the cadres; by the end of one nine four two to participate in the revolution, the Revolutionary Committee of the county Party committee deputy secretary and deputy director and cadres.
The second CPPCC, inspection room, counseling room, Heritage Management Committee, museum and other units, can arrange some old comrades as honorary posts. The arrangement of the objects is: before the 1949 September bottom part in the revolutionary work of prefectural Party committee deputy secretary, Deputy Commissioner of administrative office and a position above the cadres; by the end of one nine four two to participate in the revolution, the Revolutionary Committee of the county Party committee deputy secretary and deputy director and office cadres.
Article third for the loss of working ability, in 1949 September before the bottom part in the revolutionary work of prefectural Party committee deputy secretary, Deputy Commissioner of administrative office and a position above the cadres; by the end of one nine four two to participate in the revolution, the Revolutionary Committee of the county Party committee deputy secretary and deputy director and cadres; before July 7, 1937 take part in the revolutionary work of cadres, can be left to rest, wage reproduced.
The fourth party and government organs, mass organizations, enterprises, institutions and cadres, one of the following conditions are met, can retire.
(a) men over sixty years of age, women over fifty-five years of age, to take part in the revolutionary work over ten years of age;
(two) men over fifty years of age, women over forty-five years of age, to take part in the revolutionary work experience over ten years, after the hospital proved completely lost their ability to work;
(three) for work disability, after the hospital proved completely lost their ability to work.
Article fifth cadres after retirement, the monthly cash pension according to the following standards fee, until their death.
In accordance with article fourth (a) or (two) conditions, to take part in the revolutionary work during the period of Anti Japanese War, their standard wage of ninety percent to. To take part in the revolutionary work during the war of liberation, according to eighty percent of their standard wage issue. After the founding of the PRC to take part in the revolutionary work, working life of twenty years, according to seventy-five percent of their standard wage issue; working experience over fifteen years and less than twenty years, according to seventy percent of their standard wage issue; working experience over ten years and less than fifteen years, according to sixty percent of their standard wage issue. Retirement costs less than twenty-five yuan, according to twenty-five yuan.
In accordance with article fourth (three) condition, daily life needs help, according to ninety percent of their standard wage issue, nursing fees can also send a certain amount according to the actual situation, nursing fees, generally not more than an ordinary worker wages; diet living don't need help, according to eighty percent of their standard wage issued to. At the same time, with more than two retirement conditions, should according to the highest standard issue. Retirement costs less than thirty-five yuan, according to thirty-five yuan.
The retired and retired cadres after death, the funeral, funeral allowance and pension costs for dependent immediate family members, should be the same and on-the-job death cadres.
The sixth national labour heroes, model worker title, still keep their honor in retired cadres; Revolutionary Committee of province, city, autonomous region that has special contribution in the fronts of the new democratic revolution and socialist revolution, socialist construction of cadres; above the army level unit awarded the title of combat hero and that has a special contribution to the war, military construction jobs, demobilized soldiers, still keep their honor in retirement, the pension may be higher than the standard of five percent to fifteen percent, but the high standard after retirement, should not exceed their original standard wage.
Seventh after the hospital proved completely lost the ability to work, and do not have the conditions for retirement cadres, should resign. In retirement, a monthly allowance equivalent to their standard wage is forty percent of the cost of living, less than twenty yuan, according to twenty yuan.
Eighth retired, retirement and retired cadres placement, to the countryside and small towns. Working in a big city, should be placed in small towns and rural areas, can also according to the specific situation, to me or loved ones home placement; in small towns and rural work, can be local or back to the origin of small towns and rural resettlement. Relocation has real difficulty, also can be in situ placement. Inter provincial resettlement, the relevant provinces, city, autonomous region shall actively resettlement work. For other provinces, city, autonomous region to Beijing, Tianjin, Shanghai resettlement, must strictly control.
The ninth retired cadres retired, easy installation, generally by the original work unit at a time to one hundred and fifty yuan relocation subsidies, from big city to a rural home, sent three hundred yuan. Retired cadres and easy installation, can send me two months salary as a resettlement subsidy standards.
The tenth retired cadres housing, local settlement, the original unit responsible for settlement; back to the country of origin or to other areas of resettlement, the resettlement area shall be responsible for the acceptance of. Is in need of repair, expansion or new housing, by province, city, autonomous region underwent placement of a unified solution in construction project.
Retired cadres housing, local settlement, the original unit responsible for solving; back to the small town resettlement, the housing acceptance by the resettlement area as far as possible from the public houses by regulating solution; do not adjust to solve, in need of repair, expansion and new housing, but also by the receiving resettlement areas are included in the construction project a unified solution to rural resettlement;, housing is difficult, can give appropriate subsidies by the original unit.
Retired or retired cadres to build housing, the housing area and the standard, should be based on the principle of diligence and frugality, according to the family population and housing to determine the level of local people, not from the masses; his house can live, not the other to build new houses.
When the eleventh retired cadres, retired, retirement, and their support for the immediate family members living place on the way to the travel expenses, hotel accommodation, baggage handling fees and food subsidies, all in accordance with the existing provisions.
Twelfth retired, retirement, retired cadres themselves, can enjoy with area the cadre the same medical treatment.
The provisions of article thirteenth to the retirement pension, retirement living expenses, business units, by the enterprise executive pay. The party and government organs, mass organizations and public institutions, local settlement, is responsible for the original work unit; relocation, respectively by the responsible for the management of the organization, personnel and the county civil affairs departments separate budgets to pay.
Article fourteenth the retired cadres, retired, retirement, from where the unit is approved in accordance with the cadre management authority reported that the appointment and removal organ.
Article fifteenth the regions, departments to strengthen the sick and elderly cadres for work. Party Committee Organization Department and the Revolutionary Committee of personnel, civil affairs departments, in the party and the Revolutionary Committee, conscientiously do a good job in retirement, retired cadres of the ideological and political work and management work. Local settlement, the original work unit management; relocation, respectively by the receiving department personnel area organizations, and civil administration. Attention should be paid to arrange their study Marxism Leninism and Mao Zedong, in accordance with the provisions of reading files, listen to the report. Take care of their physical health and material, cultural life. To study and solve the practical difficulties of retired, retired cadres, summarize and exchange the experience for retired cadres, retired, the good.
Sixteenth approach applies to the party and government organs, mass organizations and enterprises owned by the whole people, institutions of the cadres, as well as required by the organization assigned to the collective ownership enterprise, institution work of national cadres.
The collective ownership enterprise, institution Laoruobingcan cadres placement, Revolutionary Committee of provinces, city, autonomous region can be made specific provisions with reference to these measures, the treatment, shall not exceed those specified in the present regulations.
This the seventeenth method since the month issued. The past relevant provisions are inconsistent with these measures, these Measures shall prevail. In accordance with the relevant stipulations of the retired cadres, in compliance with the regulations of the left to rest condition, can be changed to left to rest; retirement standard is lower than the set standard, can be changed according to the provisions of this standard issue, but during the war of liberation in the revolutionary work, working years and less than twenty years, only their standard wage of seventy-five percent to. Retired to retire and change difference pension standard, shall not reissue. Has served as honorary posts of cadres, no re arrangement. Already retired cadres, no re processing.
[name] annex two: the State Council Provisional Regulations on retirement, resignation
[note] May 24, 1978 fifth second meeting of the Standing Committee of National People's Congress approved the principle
The full text
Old workers and workers to work due to illness, loss of ability to work, make contributions to the socialist revolution and construction. The proper placement of their life, so they spend their remaining years in happiness, it is a concrete manifestation of the superiority of the socialist system, but also conducive to the contingent of workers, on the realization of the four modernization of our country, will promote the. In order to do this work, these measures are formulated.
The first enterprise owned by the whole people, institutions and government organs, mass organizations of workers, one of the following conditions are met, should retire.
(a) men over sixty years of age, women over fifty years of age, ten years of continuous service.
(two) engaged in underground, high-altitude, high temperature, heavy labor or other harmful health work, men over fifty-five years of age, women over forty-five years of age, ten years of continuous service.
This provision also applies to the grassroots cadres and workers in the same working conditions.
(three) men over fifty years of age, women over forty-five years of age, continuous service for ten years, from the hospital certificate, and confirmed by the labor appraisal committee, completely lost the ability to work.
(four) for work disability, by the hospital to prove, and confirmed by the labor appraisal committee, completely lost the ability to work.
Second workers after retirement, the monthly cash pension according to the following standards fee, until their death.
(a) in accordance with Article 1 (a), (two), (three) conditions, to take part in the revolutionary work during the period of Anti Japanese War, their standard wage of ninety percent to. To take part in the revolutionary work during the war of liberation, according to eighty percent of their standard wage issue. After the people's Republic of China to take part in the revolutionary work, continuous service for twenty years, according to seventy-five percent of their standard wage issue; continuous service for fifteen years and less than twenty years, according to seventy percent of their standard wage issue: continuous service for ten years and less than fifteen years, according to sixty percent of their standard wage issue. Retirement costs less than twenty-five yuan, according to twenty-five yuan.
(two) in accordance with the first paragraph (four) condition, daily life needs help, according to ninety percent of their standard wage issue, nursing fees can also send a certain amount according to the actual situation, nursing fees, generally not more than an ordinary worker wages; daily life does not need help, their standard wage eighty percent of the issued. At the same time, with more than two retirement conditions, should according to the highest standard issue. Retirement costs less than thirty-five yuan, according to thirty-five yuan.
Third patients with two or three silicosis of workers because of work, if I voluntarily, can retire. Retirement costs by ninety percent of their standard wage issue, and enjoy the original unit silicosis patients in the left to rest during treatment.
Patients with silicosis and left to rest two or three cadres, can also according to this provision.
The fourth national labour heroes, model worker title, still keep their honor in the retired workers; the Revolutionary Committee of province, city, autonomous region that has special contribution in the revolution and construction workers; above the army level unit awarded the title of combat hero of the job, the complex part in military, retired retain their honour the retirement pay, may be higher than the standard of five percent to fifteen percent, but increased after retirement, should not exceed their original standard wage.
Article fifth ineligible for retirement, the hospital certificate, and confirmed by the labor appraisal committee, lose labor ability completely workers, should resign. In retirement, a monthly allowance equivalent to their standard wage is forty percent of the cost of living, less than twenty yuan, according to twenty yuan.
The sixth retired workers are easy to installation, generally by the original work unit at a time to one hundred and fifty yuan relocation subsidies, from big city to a rural home, sent three hundred yuan.
Resigned workers who resettle elsewhere, can be sent to the equivalent of my two months of their standard wage subsidies.
When seventh workers retire, retired, and his support for the immediate family members went to the place of residence on the way to their travel expenses, hotel accommodation, baggage handling fees and food subsidies, all in accordance with the existing provisions.
Article eighth retirement, retired worker, can continue to enjoy medical treatment.
Ninth workers retirement pension, retirement living expenses, business units, by the enterprise executive pay; the party and government organs, mass organizations and public institutions, the county level civil affairs departments of retirement, retired workers place to live in another column to be paid.
Tenth workers after retirement or resignation, family life is difficult, or many of their children go to the countryside, the employment of children less, in principle can recruit a complying with the conditions of employment of children to participate in the work of. The new recruit, can be educated youth according to the policy of staying in cities, can be "educated youth" in the countryside, can also is a town of graduating high school graduates.
The level of agricultural production in our country is still relatively low, the food has not passed, the increase of urban and other eat grain population, must be kept under strict control. Therefore, Home Furnishing rural retirement, retired workers, should try to return to the rural resettlement, my account moved back to the countryside, also can recruit them to work in a rural complying with the conditions of employment of children; retired, resigned workers back to the countryside, their rations by the production team for the.
Recruit retired, resigned workers children, should be handled by the local labor department. The specific measures for the recruitment, by province, city, autonomous region according to the principle of combining the actual situation of the local self rule.
Eleventh workers after retirement or resignation, don't stay in the units under ownership by the whole people. They went to the streets in towns, rural commune, commune Street organization and to strengthen the management of school, concerned about their life, pay attention to play an active role in their. The street, village collective units if needed to retire, retired workers do everything in one's power work, can pay a certain remuneration, but together with my pension or retirement living expenses included, should not exceed their standard wage.
For those working in the field workers, retired, retirement for returning to the place of abode of their family, moved into the area shall be granted.
Article twelfth the regions, departments, units should strengthen the leadership over the work of workers retire, resign. To should retire, retired workers, to do in-depth and meticulous ideological and political work, to mobilize their retirement, resignation. Retirement, such work should be carried out in stages and in groups. Strict control should be retired, retirement conditions and the conditions of employment, prevent recruit retired, resigned workers children and arbitrary expansion of retirement, retirement and lowering of recruitment quality.
Article thirteenth the collective ownership enterprise, public sector workers retired, retirement, by the Revolutionary Committee of province, city, autonomous region with reference to the present measures, combined with the actual situation of collective units in the area, formulate specific measures, the treatment, shall not exceed those specified in the present regulations.
Article fourteenth the past related workers retired, retirement provisions are inconsistent with these measures, these Measures shall prevail. In accordance with the relevant provisions of the retired workers, whose pension standard is lower than the set standard, since this way all month, changed according to the provisions of this standard issue, but during the war of liberation in the revolutionary work, continuous service less than twenty years, only according to their standard wage of seventy-five percent to. Change the difference retirement standards will not be reissued. In accordance with the relevant provisions of the retired workers, the treatment will not change.

Department of labor and social security of the provinces, autonomous regions, municipalities directly under the central government (Bureau):

"The basic old-age insurance system for enterprise employees of the State Council on the establishment of a unified decision" (Guo Fa [1997] 26) since the implementation, the basic old-age insurance for urban enterprise workers (hereinafter referred to as the endowment insurance system has achieved a basic)

One, to participate in old-age insurance for urban enterprise workers who, for whatever reason, change in work units, including through corporate restructuring, joint-stock transformation, sale, auction, leasing and etc. after transformation of enterprises and workers, and inter area flow, all should be required to continue to participate in old-age insurance and pay in full and on time. Social insurance agencies should be the proper management, connection of endowment insurance relation, do all the service work.

Two, the staff and the enterprise the discharge or termination of labor relations, employee pension insurance relations shall be retained by the social insurance agency, responsible for the management of. The laid-off workers of state-owned enterprises agreement period overbrim center, used to implement the labor contract system, to participate in the work of older and closer to retirement conditions, enterprise re employment is difficult, after consultation with the business enterprise and worker, by mutual agreement to pay old-age insurance, payment methods, payment term, sources of funds, guarantee conditions the specific scope and personnel according to local government regulations. The re employment of unemployed persons, the new employer must sign a labor contract, and to participate in old-age insurance in accordance with the provisions of. Self occupation and adopt a flexible way of re employment should continue to participate in old-age insurance, relevant measures by the provincial government.

　　Three, urban individual industrial and commercial households own occupation and adopt various flexible ways of employment personnel, in its participation in the pension insurance, according to the base and the proportion of the provincial government provided payment, shall be paid monthly old-age insurance premiums, can also according to season, half a year, the annual consolidated payment of endowment insurance premium payment time cumulative conversion. The above personnel in men over 60 years of age, women over 55 years of age, the cumulative toll over 15 years of age, according to the provisions of the basic pension. Total payment period of less than 15 years, its individual account stores the forehead lump sum payment to me, at the same time to terminate the endowment insurance relationship, not to complete the payment after the way to increase the payment period.

Four, to participate in old-age insurance of peasant contract workers, and enterprise in the termination or dissolution of the labor relations, the social insurance agency shall retain their old-age insurance relations, keeping its individual account and interest, and re employment, should continue or the transfer of pension insurance relations; also can be in accordance with the provisions of the provincial government, according to the contract system farmer the workers I apply, its individual account individual contribution paid to him, at the same time to terminate the endowment insurance relationship, where the re employment, to participate in old-age insurance. Contract system farmer workers in men over 60 years of age, women over 55 years of age, accumulative total capture expends fixed number of year for 15 years or more, according to the provisions of the basic pension; total payment period of less than 15 years, its individual account stores the forehead lump sum payment to me all.

Five, the bankrupt enterprise endowment insurance premium in arrears, clearing debts in assets income according to the relevant provisions; settlement of arrears is indeed difficult enterprises, the endowment insurance premium in arrears include long-term credit arrears, in addition to delimit the worker individual account payment outside, by the social security agencies agree, labor and social security departments to review, review of the financial sector, the approval of the people's government at the provincial level after verification. The workers according to the provisions of the individual capture to expend scale up individual account fund, the social insurance agency shall timely recording, capture expends fixed number of year workers admit.

Six, for the illness, not because of work disability, by the local labor ability assessment agencies that lose labor ability completely, and termination of the labor relationship between workers and employers, by his application, orgnaization of social insurance agency audit, approved by the municipal labor and social security departments, can apply for retirement for retirement living expenses. Retirement living standard is determined according to the employee premium time and wage level, the specific measures and standards in accordance with the provincial government regulations.

Seven, the town enterprise organizational system of inter provincial relocation, should be provided for the enterprise and worker endowment insurance transfer. On-the-job worker individual account billing amount transferred, transfer funds only individual contribution to the social security agencies shall, according to the personal account billing amount full accounting. Enterprises transfer to or from the social insurance institution, transfer, relocation of enterprises should conscientiously do a good job in the endowment insurance relationship and personal account in work, timely and full payment of the basic pension for retired personnel. Such as the relocation of enterprises in the transfer payment of endowment insurance premium shall, before the endowment insurance relation to pay all arrears.

Eight, strengthen the special types of early retirement of the examination and approval management. With special types of enterprises, to special post, personnel and their changes, regularly report to the registration department of labor and social security, and the establishment of special types of early retirement announcement system, implement the supervision by the masses. The administrative department of labor and social security, to standardize the special types of early retirement approval procedures, and improve the system of examination and approval. Orgnaization of social insurance agency should establish special types of personnel files and databases, to prevent the occurrence of resort to deceit for special types of identity and collecting basic pensions, once found, to immediately correct and withdraw impersonator pension.

Nine, do the institutions endowment insurance pilot work. Have the institutions endowment insurance reform pilot area, to further consolidate the achievements, reform can not surrender, to perfect the cost collection mechanism, explore the individual payment and paying the appropriate hook approach, and actively create conditions to carry out pensions, strengthen fund management, ensure the security of the funds. According to the Ministry of labor and social security, the Ministry of finance, the Ministry of personnel, office "on the staff flow between the institutions and enterprises of social insurance relationship advice notice" (labor department (2001) No. 13) regulations, seriously study the staff flow between the institutions and enterprises pension insurance relationship transfer link work.

The Ministry of labor and social security
Two hundred year December 22nd

Two, labor relations [because of the statutory retirement age and negative]

 Reform and opening up has been more than thirty years, the economy has been greatly developed in our country today, formulated the "labor contract law". The act does not because of the age of reason and deny the labor relations. 　

Article 1In order to improve the labor contract system, to specify the rights and obligations of both parties to the labor contract, to protect the legitimate rights and interests of workers, the construction and development of harmonious and stable labor relations, the enactment of this law.

Article secondPRC enterprises, individual economic organizations, private non enterprise entities and other organizations (hereinafter referred to as employing units) to establish labor relationships with workers, conclusion, performance, modification, rescission or termination of the labor contract, the applicability of this method.

Workers of state organs, institutions, social organizations and to establish labor relations, conclusion, performance, modification, rescission or termination of the labor contract, in accordance with the provisions of this law.

Three, [male had sixty years of age, female fifty years old due to work injury should be identified as work-related injuries]

 First look at the "Regulations" provisions of the industrial injury insurance, should enjoy the subject of industrial injury insurance regulations, is the staff of the enterprises. As long as the employee work injuries can be applicable to the regulations of enterprise. Injured because of work reasons, should be identified as work-related injuries.

The higher people's Court of the Supreme People's Court of Shandong province is also clear reply should be identified as work-related injuries.

Four. [migrant workers over 60 years old male, female 50 years old due to work injury can enjoy treatment of inductrial injury insurance on the basis of analysis three] before, such personnel and unit of choose and employ persons not due to age and deny the labor relationship, don't deny the ascertainment of a work-related injury because of the age, but also because of the age and to deny treatment of inductrial injury insurance.

First look at the "social insurance law"Article thirty-sixthThe workers by the accident injury or suffer from occupation disease because of work reasons, and after inductrial injury, enjoy treatment of inductrial injury insurance; wherein, the appraisal of labor capacity loss of ability to work, enjoy the disability treatment.
Identification of work-related injury and labor ability should be simple, convenient.
　Article fortiethWorkers in accordance with the conditions to receive the basic pension, disability allowance stopped, enjoy treatment of primary endowment insurance. The basic old-age insurance benefits are lower than the disability allowance, from work-related injury insurance funds to make up the difference.
Article forty-thirdInjured workers have one of the following cases, stop to enjoy treatment of inductrial injury insurance:
(a) lost enjoy treatment conditions;
(two) refused to accept the labor ability appraisal;
(three) to refuse treatment.

Look at the "byelaw of inductrial injury insurance"Article secondThe people's Republic of China, enterprises, institutions, social organizations, private non enterprise units, foundation, law firms, accounting firms and other organizations and individual businesses with employees (hereinafter referred to as the employing units) shall be in accordance with the regulations to participate in work injury insurance, for all its employees or hired workers (hereinafter referred to as workers) to pay industrial injury insurance premium.