Tongcheng City People's government order

 

 

No. sixteenth

    "Through the implementation of Tongcheng city industrial injury insurance rules" has been September 23, 2004 ninth executive meeting of the Municipal People's government, is hereby promulgated, shall enter into force as of November 1, 2004.

                              

                  CityGeneral: Zhuo Xiaojing

                                          Two 00 four years in September 29th

 The detailed rules for the implementation of Tongcheng City, the industrial injury insurance

First chapter         The total  Then

Article 1In order to guarantee the suffering from work injuries or occupation disease workers receive medical treatment and compensation, promote industrial injury prevention and rehabilitation of occupation, dispersed work injury risks among employers, according to the regulations of the State Council "industrial injury insurance" (hereinafter referred to as "Regulations") and "the implementation of Anhui '' work injury insurance regulations" (hereinafter referred to as the "measures"), combined with the actual city, the enactment of this detailed rules.

Article secondThe city administrative areas of all types of enterprises, individual businesses with employees (hereinafter referred to as employing units) shall be in accordance with the provisions of work-related injury insurance, for all its employees or hired workers (hereinafter called workers) to pay industrial injury insurance premium.

Article thirdCity Labor and social security bureau is responsible for the city's industrial injury insurance administration. Established by the administrative department of labor security of the industrial injury insurance orgnaization of social insurance agency (hereinafter referred to as agencies), the specific affairs of work injury insurance. Agency for the full budget institution, the operational requirements of the municipal financial commitment.

The supervision and administration of production safety, health, finance, taxation and other relevant departments within their respective functions and duties, do a good job of industrial injury insurance.

Article fourthThe employing units shall establish and perfect the system of responsibility for production safety, prevent accidents, avoid and reduce the occupation disease harm. The industrial accident, occupation disease incidence in the same industry belong to the lower of the employing units, may give reward. The specific measures for rewarding according to relevant provisions.

The second chapter fund of inductrial injury insurance

Article fifthThe work-related injury insurance fund by the following items:

(a) Use the work-related injury insurance premiums paid by the employer;

Two. Inductrial injury insurance premium payment;

Three. Fund of inductrial injury insurance interest;

Four. Social donation;

Five. Other funds incorporated into the work injury insurance fund according to law.

The work-related injury insurance fund into the social security fund of financial accounts, dedicated, no unit or individual shall not be misappropriated.

Article SixthInductrial injury insurance premium based on support for revenue, the principle of balance of payments, determine the industry benchmark rates and floating rate method.

The benchmark rate of industrial injury insurance premium is: any of a class of 0.6% industry, two industry 1.2%, three kinds of industry 2.5%.

A kind of industry employer, according to industry benchmark rate payment, not a floating rate. Belonging to the two or three industry employer, the rate of floating. The industrial injury insurance industry risk classification, unit of choose and employ persons first payment rate and floating rate to see the "industrial injury insurance industry risk classification", "the unit fee rate list".

The specific measures of industrial injury insurance premium floating drafted by the municipal labor and Social Security Bureau jointly with finance, health, safety supervision department, reported to the approval of the executive City Hall.

Article seventhThe work-related injury insurance fund for the following items:

(a) in accordance with the provisions of payment of work-related injury insurance benefits;

(two) occupation rehabilitation treatment fee;

(three) the labor ability assessment fee;

(four) for ascertainment of a work-related injury investigation;

(five) the rules prescribed in article fifth award fee;

(six) other expenses stipulated by laws, regulations, rules and regulations.

Article eighthInductrial injury insurance premium by the tax department is responsible for collection. The employing units must be in accordance with the "Anhui province social insurance fee collection Interim Provisions" requirements, pay work-related injury insurance premiums in full and on time. Worker individual not pay work-related injury insurance premiums.

 Employers pay industrial injury insurance premium based unit of the amount of total wages of workers multiplied by the unit contribution rate of product.

Article ninthThe employer shall regularly attend inductrial injury insurance list, payment of wages, payment amount of publicity in the unit.

Article tenthThe employer has been injured, but because of enterprise restructuring, merger or bankruptcy and termination of inductrial injury insurance, inductrial injury worker shall be terminated after the follow-up medical expenses (including the old wound recrudescence medical expenses), disability AIDS fees, nursing fees, one to four injured workers disability allowance, dependent relatives. Gold shall be borne by the fund of inductrial injury insurance costs, priority from the land and other assets liquidation income disposable to inductrial injury insurance agencies pay.

Identification of the third chapter of work-related injury and the ability to work

Article eleventh of workers have one of the following cases, should be identified as work-related injuries:

(a) in workplace and working time, by the accident injury due to work reasons;

(two) after working hours in the workplace, engage in work - related or preparatory work by the end of accident;

(three) in workplace and working time, due to violence and other injuries to the performance of his duty;

(four) suffer from occupation disease;

(five) work out during the work, because of injuries or accidents One's whereabouts is a mystery.;

(six) on their way to work by motor vehicle accidents;

(seven) the provisions of the laws, administrative rules and regulations shall be identified as work-related injuries and other circumstances.

Article twelfth of workers have one of the following cases, inspect with inductrial injury:

(a)      In work time and work, sudden illness or death within 48 hours after the rescue invalid death;

Two.      In emergency rescue and disaster relief, to safeguard the interests of the state, the public interest in the activities of the injury;

Three.      The original workers in the army, due to war, wounded maimed, disabled soldiers revolution has been made cards, to the employers after the injury.

Article thirteenth of workers in any of the following circumstances, may not be identified as work-related injuries, nor shall inspect with inductrial injury:

(a)     Because of the crime or violation of public security management of casualties;

Two.     The drunk causing casualties;

Three.     Self mutilation or Dutch act.

Article fourteenthThe casualty unit of choose and employ persons, shall promptly report to the administrative departments of labor security and industrial injury insurance agencies. The long time not exceeding 48 hours.

Article fifteenthThe employer, workers or their relatives, should be self injury accident occurred or was diagnosed, identified as within 30 days from the date of occupation disease, to the labor and social security departments to apply for work-related injuries. The employer in case of special circumstances, reported to the municipal labor and social security administrative department agreed, inductrial injury time limit may be extended for 30 days.

The employer is not according to the provisions of the preceding paragraph application for ascertainment of a work-related injury, work-related injuries of employees or their immediate family members, trade unions were diagnosed, the date of the accident or identified as 1 years from the date of occupation disease, can apply directly to the municipal labor and social security departments of industrial injury.

The employer fails to submit the injury in the first paragraph of this article within the time limit of application for recognition, in accordance with "Regulations" provisions of the treatment of work-related injuries and other related costs borne by the employing entity occurred during this period.

Article sixteenth the ascertainment of a work-related injury shall submit the following materials application:

(a) application for ascertainment of a work-related injury table;

(two) there is the labor relationship and the employer (including the fact labor relationship) proof material;

(three) the hospital diagnosis proof or occupation disease diagnosis certificate (or occupation disease diagnosis to identify the book);

(four) by the proof material damage due to special reasons:

1, the public security organ or the people's court for the violence evidence or legal documents;

The 2 sector made according to traffic accidents traffic accident proof material;

Or other relevant departments of the 3 civil affairs departments of emergency rescue and disaster relief, safeguard national interests, public interests behavior is proved for material damage;

The 4 Committee of labor ability appraisal affirms that the old wound recrudescence;

5 other relevant unit or individual accident proof material.

Article seventeenthEmployees or their relatives to apply for work-related injuries, the employer is not considered work-related injuries, the employer should provide proof materials within 15 days of the administrative departments of labor security notice from the date of receiving the. The burden of time not calculate inductrial injury within the time limit.

Article eighteenth of workers work-related injury, the treatment to cure or injury is relatively stable, disability, influencing the labor ability, shall carry out the appraisal of labor capacity.

Article nineteenthThe labor ability assessment refers to the labor and the degree of impairment to the degree of self-care barriers identification level.

Labor dysfunction is divided into ten disability grade, heavy grade one, the lightest ten.

The self-care obstruction is divided into three grades: life can not take care of themselves, most inability to self-care and part cannot provide for oneself.

Standard labor ability assessment in accordance with the provisions of the national labor and social security administrative departments and the administrative departments of health and other departments of the executive.

Article twentiethThe employing units or individuals shall be in accordance with the "Regulations" and "rules", in a timely manner through the municipal labor and social security administrative department to the Anqing City Committee of labor ability identification for the labor ability assessment:

(a) the initial identification and review the degree of labor dysfunction;

(two) the self-care initial identification and review of obstacle degree;

(three) shutdown leaves firewood period of confirmation;

(four) for confirmation with pay after the expiration of still need to continue treatment;

(five) injury leads to disease confirmed;

(six) confirm the rehabilitation therapy;

(seven) confirmed the injury;

(eight) confirm the configuration of auxiliary appliance;

(nine) the dependents of labor ability identification;

Ten.The provisions of the laws, regulations, rules and other identification project confirmation.

The fourth chapterTreatment of inductrial injury insurance

Article twenty-firstWorkers suffering from work injuries or occupation disease treatment, enjoy medical treatment of work-related injuries.

Article twenty-secondWorkers suffering from work-related disability were identified as a level to the four level disability, retain the labor relations, quitting their jobs, according to the "Regulations" stipulates that the thirty-third enjoy relevant treatment.

Article twenty-thirdWorkers suffering from work-related disability were identified as the five level, six level disability, enjoy relevant treatment in accordance with the "Regulations" provisions of article thirty-fourth, retention of labor relations, by the employing unit arranged to work properly, it is difficult to organize the work, the employing units according to the "Regulations" provisions of issued disability allowance. During the period of receiving disability benefits, the employer and the employee should to the disability allowance as the base, pay social insurance fees according to the regulations, the deduction of various social insurance premiums paid by the individuals, the actual amount of the disability allowance under standard of this city, the minimum wage, the employer to make up the difference.

Workers suffering from work-related disability were identified as the five level, six level disability, I propose, with the employing unit dissolves or terminates the labor relationship, the employer shall pay a one-time industrial medical subsidies and grants for the disabled in employment, disability allowance stopped. A one-time industrial medical gold standard: five for the disabled for this city worker of the year on the average monthly wage of 20 months, six disabled for 15 months; one-time grants for the disabled in employment standards: five for the disabled for this city worker of the year on the average monthly wage of 35 months, six disabled for 30 months.

Article twenty-fourthWorkers suffering from work-related disability were identified as seven levels to ten levels of disability, to terminate the labor contract expires or the termination of the labor contract, the employer paid a one-time industrial medical subsidies and grants for the disabled in employment. A one-time industrial medical gold standard: seven for the disabled for this city worker of the year on the average monthly wage of 10 months, eight disabled for 8 months, nine disabled for 6 months, ten disabled for 4 months; one-time grants for the disabled in employment standards: seven for the disabled for the average of the city the annual staff monthly salary of 20 months, eight disabled for 15 months, nine disabled for 10 months, ten disabled for 5 months.

Article twenty-fifthIn accordance with the provisions of article twenty-third, the provisions of article twenty-fourth, enjoy a one-time employment subsidies for the disabled workers, from the mandatory retirement age of five years, one-time grants for the disabled in employment according to the following standards:

(a) less than two years, paid the full 60%;

(two) for less than three years, paid the full 70%;

(three) for less than four years, paid the full 80%;

(four) for less than five years, paid the full 90%.

Article twenty-sixthDisabled workers according to the provisions of the procedures for retirement, a one-time industrial medical disability grants and employment subsidies will not pay.

Article twenty-seventhThe following work injury benefits paid by the work-related injury insurance fund:

(a) work-related injury medical expenses;

(two) disability AIDS charges;

(three) life care;

(four) the death of a one-time grant workers;

(five) a one-time grants for the disabled;

(six) to four injured workers disability allowance;

(seven) funeral subsidies;

(eight) family support benefits;

(nine) other expenses stipulated by laws, regulations, rules and regulations.

Article twenty-eighthThe following work injury benefits shall be paid by the employing unit:

(a) shutdown leaves firewood period nursing fee;

(two) shutdown leaves firewood period wages and welfare treatment;

(three) in the city hospital treatment of hospital food subsidies;

(four) to the outside of the medical transportation, accommodation;

(five) suspension with pay after the expiration of the period of hospitalization care the difference;

(six) five, six injured workers disability allowance;

(seven) a one-time industrial medical subsidies and grants for the disabled in employment;

(eight) other expenses stipulated by laws, regulations, rules and regulations.

Article twenty-ninthThe separation of the employing units, merger, transfer, the successors shall bear the original industrial injury insurance liability units; the original employing unit has participated in work injury insurance, the successors shall to industrial injury insurance agencies for registration of change.

Employment contract for the operation units, industrial injury insurance duty by the labor relations unit commitment.

The staff were seconded by accidents during the injury, the former employer to bear the responsibility of industrial injury insurance, but the original unit of the employing units and seconded remedies can be agreed.

The bankruptcy of the enterprise, priority allocation of expenses for work injury insurance benefits paid by the units in accordance with the law in bankruptcy liquidation.

Article thirtiethDuring the period of workers suffering from work out or in the emergency disaster relief One's whereabouts is a mystery., again by the people's court to revoke the death or conclusion, inductrial injury treatment has been receiving shall refund the relatives.

Article thirty-firstDuring the employee by the labor relations unit labor output injured in a work-related accident, by the labor relations unit shall bear the responsibility for work-related injury insurance. The labor relations unit shall stipulate industrial injury insurance compensation and unit labor.

For the domestic industrial injury insurance of the workers in the period which is sent from the work, work injury and overseas compensation, and no longer pay the work-related injury insurance benefits; but outside compensation is lower than the treatment of inductrial injury insurance in this Municipality, to make up the difference.

Article thirty-secondAfter the review of inductrial injury worker identification, disability grade changes made from the review, appraisal conclusion from the second month, payment of the corresponding treatment of inductrial injury insurance according to the appraisal conclusion new; disability grade higher than the previous one, make up the disposable disability difference of gold.

Article thirty-thirdUnits or inductrial injury worker refuses to accept the appraisal committee of Anqing City, the conclusion of work capability assessment, application during labor ability assessment committee re identification, inductrial injury worker injury insurance benefits according to the appraisal conclusion of Anqing Municipal Committee of labor ability identification calculation and payment, the provincial labor can identify objective appraisal committee is made, according to the provincial level appraisal conclusion calculation.

To apply for re appraisal of labor capacity costs, by the applicants in advance, then according to the relevant provisions.

Article thirty-fourthDisability allowance, bereavement subsidy, nursing fees adjustment measures in accordance with the provisions of the provincial administrative department of labor security and the Provincial Department of finance executive.

Article thirty-fifthInjury caused by traffic accident or the third party shall, in accordance with relevant laws and regulations for. The injured employees or relatives get compensation, industrial injury insurance fund pays no longer, but the amount of compensation is lower than the treatment of inductrial injury insurance, make up the shortfall.

The fifth chapterWork injury medical management

Article thirty-sixthThe industrial injury insurance management of appointed medical institutions and aid allocation mechanism. Medical institutions designated by the administrative department of labor security, identification and announcement, designated AIDS allocation mechanism by the provincial administrative department of labor security identification and announcement.

Article thirty-seventhTreatment of injured workers designated government management, should be designated hospital service agreement and signed with fixed-point qualification of medical treatment. In case of emergency can be the nearest emergency, but it shall promptly report to the administrative departments of labor security and industrial injury insurance agencies, to be in stable condition should be promptly transferred to the designated medical institutions, and complete the relevant formalities in accordance with the provisions of.

Article thirty-eighthTreatment of work-related injuries cost of diagnosis and treatment of inductrial injury insurance in accordance with project directory, industrial injury insurance, industrial injury insurance drug list in the standard of service, from the industrial injury insurance fund.

In the catalogue and the standards promulgated, according to the national and provincial basic medical insurance drug list, diagnosis and treatment of the project directory, standards of medical service facilities and the corresponding management measures, in accordance with the "implementation of wounds not healing" principle.

Article thirty-ninthThe treatment of accident costs, the injured workers unit in advance, by the administrative department of labor security of work-related injuries, participate in work injury insurance, by the employer to the agency for settlement; continuing medical expenses incurred, by medical institutions and agencies to direct settlement.

Article fortiethInductrial injury worker or the employer and the agency clearing medical time-consuming, must provide the following materials:

(a) work-related injury certification materials;

(two) diagnostic medical institutions in accordance with the provisions of certification, bill, bill and related records.

Transferred to the field of medical, approval shall also provide the agency.

Article forty-firstLimited to medical conditions can not be transferred in the referral, treatment, workers can apply for transfer to the outer or higher hospital. Referral hospital by the designated medical institutions put forward opinions, consent of the unit, the approval of industrial injury insurance agencies, to industrial injury insurance designated medical institutions, medical.

Article forty-secondDuring inductrial injury worker hospitalization care needs, with proof of medical institutions, from where the unit paid monthly nursing fee. Nursing fees for the year on the average wage of workers in the city 80%. Issued in proof of medical institutions, lack of life care has been receiving standard, to make up the difference by the unit.

Article forty-thirdBecause of the expense, fund of inductrial injury insurance will not pay:

(a) non designated medical institutions work injury medical expenses in the unauthorized;

(two) without the approval of the referral hospital work injury medical expenses;

(three) auxiliary appliance configuration occurs in non designated AIDS allocation mechanism;

(four) diagnosis and treatment of inductrial injury insurance, industrial injury insurance drugs directory directory, industrial injury insurance inpatient services outside the scope of the cost standard;

(five) has nothing to do with the treatment of inductrial injury medical expenses;

(six) other expenses stipulated in laws, regulations, rules and regulations shall not pay.

The sixth chapterLegal responsibility

Article forty-fourthThe administrative department of labor security personnel in any of the following circumstances, be given administrative sanctions according to law; if the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law:

(a) not to accept the application for ascertainment of a work-related injury without justifiable reasons, or resort to deceit will not conform to the industrial condition personnel maintain for inductrial injury worker;

(two) did not properly keep the evidence for the ascertainment of a work-related injury, resulting in loss of the evidence;

(three) receiving party property.

Article forty-fifthAgencies have one of the following acts, the administrative department of labor security shall be ordered to make corrections, the persons directly in charge and other responsible personnel shall be given disciplinary action; the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law; economic loss caused by the parties, shall bear the liability for compensation by the agencies in accordance with the law:

(a) fails to preserve the employer and employees enjoy pay industrial injury insurance treatment records;

(two) is not approved by the treatment of inductrial injury insurance;

(three) receiving party property.

Article forty-sixthThe employer, work-related injuries of employees or their immediate family members, medical institutions, AIDS allocation institution violates the present measures, shall be punished in accordance with the "Regulations" article fifty-eighth and article fifty-ninth.

Article forty-seventhAny entity or individual violates the provisions of these measures, make trouble out of nothing, riot, violates the administration of public security, shall be punished by the public security organs in accordance with the provisions of "Regulations on administrative penalties for public security"; constitute a crime, criminal responsibilities shall be investigated by judicial organs according to law.

The seventh chapterAttached     Then

Article forty-eighthThese rules are called workers, is the existence of labor relationship and the employer (including the fact labor relationship) workers of various employment forms, the term of employment.

These rules are referred to the total wage bill, refers to the total remuneration paid directly to the units of all employees of the employing units, which include: hourly wages, piece rate wages, bonuses, allowances and subsidies, overtime wages, wages paid under special circumstances;

I called wage refers to the rules, inductrial injury worker average monthly payment of wages for work suffered injuries or occupation disease diagnosed before 12 months. My salary is higher than the city worker average wage of 300%, calculated in accordance with the 300%; my wages below the city worker average wage of 60%, calculated in accordance with the 60%.

Article forty-ninthTo participate in industrial injury insurance workers from the unit to pay the month in these Rules shall enjoy treatment of inductrial injury insurance, since the unit to stop payment of the stop to enjoy treatment of inductrial injury insurance. If the unit is self recovery recovery payment, payment time on recovery treatment, but all occupational spending happens, shall be borne by the unit, the industrial injury insurance fund does not grant to pay.

The accident before the detailed rules for the implementation, in accordance with the relevant policies and regulations, according to the original channel, gradually incorporated into the unified management to be ripe. But after the labor and social security departments identified, in the old wound recrudescence attend inductrial injury insurance, in accordance with the rules enjoy treatment of inductrial injury insurance.

Article fiftiethAccording to the provisions of these Rules shall be work-related injury accidents in and did not attend inductrial injury insurance personnel, executive in accordance with the rules, all the expenses shall be borne by the employer.

Article fifty-firstThese rules by the municipal labor and social security bureau is responsible for interpretation.

Article fifty-secondThe rules shall be implemented as of November 1, 2004.

 The industrial injury insurance industry risk classification

 

Industry categories	That's okIndustryNameSaid
A	Banking, securities, insurance, and other financial activities, resident services, other services, leasing, business service industry, hotel industry, catering industry, wholesale, retail, warehousing, postal services, telecommunications and other information transfer services, health services, software industry, society, insurance, social welfare, the news publishing industry, radio, television, film and video industry, culture and art, education, research and development, technical services, technology exchange and promotion services, city public transportation
Two	The real estate industry, sports, entertainment, management of water conservancy, environmental management, public facilities management industry, agricultural and sideline products processing industry, food manufacturing industry, beverage manufacturing industry, tobacco industry, textile industry, textile and garment, shoes, hat manufacturing, leather, fur, feathers (down) and its manufacturing industry, forestry, agriculture, animal husbandry, fishery, agriculture, forestry, animal husbandry and fishery, service industry, wood processing and wood, bamboo, rattan, palm, and straw products, furniture manufacturing, paper and paper products, printing and record medium reproduction, sporting goods manufacturing, chemical fiber manufacturing, pharmaceutical manufacturing industry, general equipment manufacturing industry, special equipment manufacturing, transportation equipment manufacturing, electrical machinery and equipment manufacturing, instrumentation and culture, office machinery manufacturing, non-metallic mineral products industry, fabricated metal products, rubber products, plastic products manufacturing, communications equipment, computers and other electronic equipment manufacturing industry, handicrafts and other manufacturing, the waste of resources and waste materials recycling and processing, production and supply of electricity, heat, gas production and supply industry, water production and supply industry, housing and Civil engineering construction, construction and installation industry, architectural decoration industry, building industry, geological prospecting industry, railway transportation, road transportation, water transportation, air transportation, pipeline transportation, loading and unloading and other transport services
Three	Petroleum processing, coking and nuclear fuel processing industry, chemical materials and chemical products industry, ferrous metal smelting and rolling processing industry, non-ferrous metal smelting and rolling processing industry, oil and natural gas industry, black metal mining industry, non-ferrous metal mining industry, non-metallic mining industry, coal mining and washing industry the mining industry, other

 Insured unit fee rate list

 

Unit budget rate	Two kinds of enterprises	Three kinds of enterprises
The first year	Second years	Third years	The first year	Second years	Third years
Below 50% (excluding the number of)	1.2%	0.96%	0.6%	2.5%	2%	1.25%
50 - 80% (excluding the number of)	1.2%	1.2%	1.2%	2.5%	2.5%	2.5%
80 - 150% (excluding the number of)	1.2%	1.44%	1.8%	2.5%	3%	3.75%
More than 150%	1.2%	1.8%	1.8%	2.5%	3.75%	3.75%