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Regulations on work injury insurance

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The regulations on work injury insurance have been discussed and adopted at the 5th executive meeting of the State Council on April 16, 2003, and are hereby promulgated and shall come into force as of January 1, 2004.

Premier Wen Jiabao

April 27, 2003

Regulations on work injury insurance

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of ensuring that employees who suffer from accident injuries or occupational diseases at work receive medical treatment and economic compensation, promoting work-related injury prevention and occupational rehabilitation, and dispersing the work-related injury risks of employers.

Article 2 all kinds of enterprises within the territory of the people's Republic of China, individual industrial and commercial households with employees (hereinafter referred to as the employer) shall participate in the work-related injury insurance in accordance with the provisions of these regulations, and pay the work-related injury insurance premium for all employees or employees of their own units (hereinafter referred to as the employees).

The employees of all kinds of enterprises within the territory of the people's Republic of China and the employees of individual businesses have the right to enjoy the treatment of work-related injury insurance in accordance with the provisions of these regulations.

The specific steps and implementation measures for the individual industrial and commercial households with employees to participate in the work-related injury insurance shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Article 3 the collection and payment of work-related injury insurance premium shall be in accordance with the provisions on the collection and payment of basic endowment insurance premium, basic medical insurance premium and unemployment insurance premium in the Interim Regulations on the collection and payment of social insurance premium.

Article 4 the employer shall publicize the relevant information of participating in the work-related injury insurance in its own unit.

The employer and employees shall abide by the laws and regulations on work safety and occupational disease prevention and control, implement the safety and health regulations and standards, prevent the occurrence of industrial accidents, and avoid and reduce the occupational disease hazards.

In the event of an employee's injury, the employer shall take measures to make the injured employee receive timely treatment.

Article 5 the administrative department of labor and social security under the State Council shall be responsible for work-related injury insurance throughout the country.

The administrative departments of labor and social security of the local people's governments at or above the county level shall be responsible for the work of work-related injury insurance within their respective administrative areas.

The social insurance agency (hereinafter referred to as the agency) established by the administrative department of labor and social security in accordance with the relevant provisions of the State Council undertakes the work-related injury insurance affairs.

Article 6 when formulating policies and standards for work-related injury insurance, labor security administrative departments and other departments shall solicit opinions from representatives of trade union organizations and employers.

Chapter II work injury insurance fund

Article 7 the work-related injury insurance fund consists of the work-related injury insurance premium paid by the employer, the interest of the work-related injury insurance fund and other funds incorporated into the work-related injury insurance fund according to law.

Article 8 the rate of work-related injury insurance premium shall be determined in accordance with the principle of fixed payment and balanced income and expenditure.

The state determines the different rates of different industries according to the risk degree of industrial injury in different industries, and determines several rate grades in each industry according to the use of industrial injury insurance premium and the incidence of industrial injury. The industrial differential rate and the intra industrial rate grade shall be formulated by the administrative department of labor and social security under the State Council in conjunction with the financial department, the administrative department of health and the supervision and Administration Department of work safety under the State Council, and shall be promulgated for implementation after being submitted to and approved by the State Council.

According to the use of work-related injury insurance premium and the incidence of work-related injury of the employer, the regional agency shall determine the unit payment rate according to the corresponding rate level of the industry.

Article 9 the administrative department of labor and social security under the State Council shall regularly learn about the income and expenditure of work-related injury insurance funds in all regions under the overall planning of the country, put forward in time, together with the financial department, the administrative department of public health and the administrative department of work safety under the State Council, a plan for adjusting the level of industry differential rates and intra industry rates, which shall be published and implemented after being approved by the State Council.

Article 10 the employer shall pay the work-related injury insurance premium on time. Employees shall not pay the work-related injury insurance premium.

The amount of industrial injury insurance premium paid by the employer shall be the product of the total wages of the employees multiplied by the payment rate of the unit.

Article 11 the work injury insurance fund shall be under the overall planning of the whole city in municipalities directly under the central government and cities divided into districts. The overall planning level of other regions shall be determined by the people's governments of provinces and autonomous regions.

Cross regional industries with large production mobility can take a relatively centralized way to participate in work-related injury insurance in different regions. Specific measures shall be formulated by the administrative department of labor and social security under the State Council in conjunction with the competent departments of relevant industries.

Article 12 the industrial injury insurance fund shall be deposited into the special financial account of social security fund for the payment of industrial injury insurance benefits, labor capacity appraisal and other expenses for industrial injury insurance stipulated by laws and regulations. No unit or individual may use the work injury insurance fund for investment, operation, construction or reconstruction of office space, payment of bonus, or other purposes.

Article 13 the work injury insurance fund shall reserve a certain proportion of the reserve fund for the payment of work injury insurance benefits in the overall planning area; if the reserve fund is insufficient to be paid, it shall be advanced by the people's Government in the overall planning area. The specific proportion of the reserve in the total amount of the fund and the method for using the reserve shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Chapter III identification of work-related injuries

Article 14 Any of the following circumstances shall be recognized as work-related injury:

(1) Being injured due to accidents during working hours and in the workplace;

(2) Those who are injured by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours;

(3) Being injured by violence and other accidents during working hours and in the workplace due to the performance of work duties;

(4) Suffering from occupational disease;

(5) During the period of going out for work, being injured due to work reasons or missing due to an accident;