Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Labor Law of the People's Republic of China, the Regulations on Work-related Injury Insurance of the State Council and relevant laws and regulations, in combination with the actual situation of this province, in order to ensure that employees who suffer from accidents or occupational diseases at work receive medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the risk of work-related injuries of employers.

article 2 all kinds of enterprises within the administrative region of this province, institutions and non-governmental non-profit organizations that are not supported by financial allocations or have no regular financial allocations, and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the regulations of the State Council on work-related injury insurance and these regulations, and pay work-related injury insurance premiums for all employees or employees of this unit (hereinafter referred to as employees). Individual employees do not pay work-related injury insurance premiums.

if the staff of public institutions and non-governmental non-profit organizations supported by state organs and regular financial allocations suffer from accidents or occupational diseases due to their work, the unit to which they belong shall pay the expenses, and the specific measures shall be implemented according to the industrial injury policy for the staff of state organs; Workers who have established labor relations with them suffer from accidents or occupational diseases due to their work, which shall be implemented in accordance with the provisions of these regulations.

the term "employees" as mentioned in these regulations refers to urban and rural workers who have labor relations (including factual labor relations) with employers in various employment forms and with various employment periods. Except for retirees employed by employers.

article 3 the employing unit shall publicize the list of employees participating in work-related injury insurance, payment of wages, payment of work-related injury insurance premiums, work-related injury accidents, etc. in the unit every year, and accept the supervision of employees.

article 4 the industrial injury insurance fund shall be co-ordinated by the whole city in the cities under the provincial jurisdiction.

the central units stationed in Henan and provincial units stationed in Zhengzhou, as well as special industries with large production mobility across regions, shall be directly coordinated by the province. The provincial administrative department of labor and social security may entrust the provincial department in charge of special industries to handle the work-related injury insurance business.

article 5 the administrative department of labor security of the people's governments at or above the county level shall be responsible for the work-related injury insurance within their respective administrative areas.

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

article 6 the people's governments at or above the county level shall strive to develop vocational rehabilitation, help those disabled at work to get rehabilitation and engage in jobs suitable for their physical conditions, and establish an industrial injury insurance system that combines industrial injury prevention, industrial injury compensation and vocational rehabilitation.

Chapter II Work-related Injury Insurance Fund

Article 7 The work-related injury insurance fund consists of the following items:

(1) Work-related injury insurance premium paid by the employer;

(2) the interest of the industrial injury insurance fund;

(3) late fees for work-related injury insurance premiums;

(4) other funds incorporated into the industrial injury insurance fund according to law.

article 8 the rate of work-related injury insurance premium shall be determined in accordance with the relevant provisions of the state, based on the principle of fixed income by expenditure and balance of payments.

the administrative department of labor and social security of the municipality under the provincial jurisdiction shall, according to the provisions of the state on the rate of work-related injury insurance and the characteristics of the industry, determine the rate standard and specific payment method of the industries where migrant workers are concentrated, report it to the people's government at the same level for approval, and report it to the administrative department of labor and social security of the province for the record.

article 9 the work-related injury insurance fund shall be deposited in the financial special account of the social security fund for the payment of work-related injury insurance benefits, labor ability appraisal, work-related injury prevention, vocational rehabilitation and other work-related injury insurance expenses stipulated by laws and regulations.

no unit or individual may use the work-related injury insurance fund for investment and operation, construction or renovation of office space, bonus payment or other purposes.

article 1 provinces and municipalities directly under the central government shall establish a two-level industrial injury insurance reserve system. The reserves of all co-ordinate areas shall be set aside according to 7% of the total amount collected by the local industrial injury insurance fund in that year: 2% shall be used as the provincial industrial injury insurance reserve and 5% as the provincial industrial injury insurance reserve. When the accumulated total amount of industrial injury insurance reserve exceeds 5% of the income of industrial injury insurance fund in that year, the administrative department of labor and social security and the financial department in the overall planning area shall reduce the proportion of reserve funds, and report to the provincial administrative department of labor and social security and the financial department for approval before implementation.

The reserve fund is mainly used to co-ordinate the treatment of industrial injury insurance for major accidents in the region and the payment when the industrial injury insurance fund can't make ends meet. When the overall regional reserves are insufficient to pay, the financial department at the same level shall pay in advance and then apply for the adjustment of provincial reserves.

article 11 the expenses for vocational rehabilitation shall not exceed one quarter of the balance of the industrial injury insurance fund in the current year, and shall be put forward by the regional agency as a whole, and shall be included in the expenditure budget of the industrial injury insurance fund in the next year after being submitted to the administrative department of labor and social security and the financial department at the same level for examination and approval. Next year, according to the facts, it will be used for vocational rehabilitation of workers with work-related injuries.

article 12 under the premise of ensuring the full payment of work-related injury insurance benefits, labor ability appraisal fees, vocational rehabilitation fees and reserve funds, the regional handling agencies can put forward a plan for the use of work-related injury prevention fees according to the proportion of 5% of the total actual collection of work-related injury insurance funds in the current year, and report it to the administrative department of labor security and the financial department at the same level for examination and approval, which will be mainly used for the publicity and training, work-related injury case analysis, work-related injury accident prevention, etc. of the regional insured units.

Chapter III Identification of Work-related Injury and Appraisal of Labor Ability

Article 13 An employee who falls under the circumstances stipulated in Articles 14 and 15 of the Regulations on Work-related Injury Insurance of the State Council shall be identified as a work-related injury or regarded as a work-related injury.

if an employee is assigned by the employer to work in an epidemic area and is infected with the epidemic disease, it will be regarded as a work-related injury.

article 14 if an employee falls under the circumstances stipulated in article 16 of the regulations on industrial injury insurance of the State Council, and it is determined that the employee's casualty is not an industrial injury or is not regarded as an industrial injury, it shall be based on the written conclusion issued by the statutory authority department or the statutory appraisal institution.

Article 15 If an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 3 days from the date of the accident injury or the date of the diagnosis and identification as an occupational disease, apply to the administrative department of labor and social security in the overall planning area or the relevant departments entrusted by him. If an application cannot be made within the prescribed time limit due to traffic accident, disappearance, accident injury during work and other force majeure factors, the application time limit may be appropriately extended with the consent of the administrative department of labor and social security in the overall planning area, but the longest time shall not exceed 9 days.

if the employer fails to file an application for work-related injury identification according to the provisions of the preceding paragraph, the injured workers or their immediate family members and trade unions may directly file an application for work-related injury identification with the administrative department of labor and social security in the co-ordination area where the employer is located within one year from the date of the accident injury or the date of diagnosis and identification as an occupational disease.

Article 16 Where there is a dispute over the jurisdiction of work-related injury identification, the jurisdiction shall be designated by the administrative department of labor security at the next higher level.

matters identified by the provincial administrative department of labor and social security shall be handed over to the administrative department of labor and social security of the provincial municipality where the employer is located according to the principle of territoriality.

the administrative department of labor and social security of the cities under the provincial jurisdiction may entrust the administrative department of labor and social security at the county level to handle the specific affairs of industrial injury identification according to the needs of work.

Article 17 An applicant's application for ascertainment of a work-related injury shall be handled in accordance with Article 18 of the Regulations on Work-related Injury Insurance of the State Council. However, in any of the following circumstances, the administrative department of labor and social security will not accept the application and inform the applicant in writing:

(1) If the application is filed within the statutory time limit;

(2) the administrative department of labor security has no jurisdiction;

(3) it does not fall within the scope of functions and powers of the administrative department of labor security;

(4) The injured person is a retired person employed by the employer;

(5) other circumstances of inadmissibility as stipulated by laws and regulations.

article 18 if an employee, his immediate family member or trade union organization thinks it is a work-related injury, and the employer does not think it is a work-related injury, the employer shall bear the burden of proof.

the administrative department of labor and social security shall, after accepting the application for ascertainment of work-related injuries made by employees or their immediate family members or trade unions, notify the employer in writing to provide relevant evidence materials within ten days. If the employing unit fails to provide relevant materials or perform the burden of proof within 2 days after receiving the written notice, the administrative department of labor security may make a conclusion of work-related injury identification according to the evidence provided by the injured employee or his immediate family members or trade unions.

article 19 the administrative department of labor and social security shall make a decision on work-related injury identification within 6 days from the date of accepting the application for work-related injury identification, and within 15 days from the date of making the decision on work-related injury identification, notify the employee who applied for work-related injury identification or his immediate family members and the unit where the employee belongs in writing, and send a copy to the agency. If it is identified as a work-related injury or regarded as a work-related injury, a work-related injury certificate will be issued without charge.

the work-related injury certificate is uniformly printed by the provincial administrative department of labor and social security.

Article 2 If an employee suffers from a work-related injury, the injury is relatively stable after treatment, or there is a disability after the expiration of the suspension of work with pay, which affects his working ability, he shall be appraised for his working ability.

the labor ability appraisal committees of provinces and municipalities directly under the central government shall make a conclusion on the labor ability appraisal of workers with work-related injuries according to the appraisal opinions put forward by the medical expert group.

Chapter IV Treatment of Work-related Injury Insurance

Article 21 If an employee suffers from accident injury or occupational disease due to work and the administrative department of labor and social security has not yet made a conclusion on the determination of work-related injury, the employer shall pay the treatment expenses in advance. After being recognized as a work-related injury or regarded as a work-related injury by the administrative department of labor and social security, the employer shall declare and settle with the agency; Those who have not participated in work-related injury insurance shall be paid by the employer according to the relevant provisions of work-related injury insurance.

article 22 the employer contracts out, subcontracts or subcontracts its business to an organization or individual who does not have the qualification as the employer. if the employee recruited by the organization or individual who does not have the qualification as the employer suffers from accident injury or occupational disease due to work reasons, the employer shall bear the responsibility of industrial injury insurance.

if employees are employed by two or more employers at the same time, each employer shall pay work-related injury insurance premiums for employees respectively. If an employee suffers from work-related injuries, the employer who works for the employee shall bear the responsibility of work-related injury insurance according to law.

Article 23 If the injured worker has been assessed with disability grade and confirmed by the labor ability appraisal committee to need life care, the living care fee shall be paid on a monthly basis, and the standard shall be calculated based on the average monthly salary of the worker in the overall planning area in the previous year when the nursing appraisal conclusion is made.

Article 24 If an employee is identified as a first-class or fourth-class disability due to work-related disability, the employer and the employee shall pay the basic old-age insurance premium and basic medical insurance premium to the normal retirement age based on the disability allowance. After deducting the social insurance premiums paid by individuals, if the disability allowance is lower than the local minimum wage, the work injury insurance fund will make up the difference.

migrant workers with work-related injuries from Grade I to Grade IV can choose to enjoy work-related injury insurance benefits at one time or for a long time. The specific measures for one-time enjoyment of industrial injury insurance benefits shall be formulated separately by the provincial people's government.

Article 25 If an employee suffers from work-related disability and is identified as level 5 or level 6 disability, it shall be implemented in accordance with Article 34 of the Regulations on Industrial Injury Insurance of the State Council, and the labor relationship with the employer shall be retained, and the employer shall arrange appropriate work for him. If an employee is unable to be competent for the work arranged by the employer or the employer is unable to arrange the work, the employer shall pay the disability allowance on a monthly basis and pay various social insurance premiums for him according to the regulations based on the disability allowance. After deducting various social insurance premiums paid by individuals, if the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

article 26. if an employee's work-related disability is identified as level 5 to level 1 disability, and his/her salary is reduced due to disability after he/she resumes work, the employer will issue him/her on-the-job disability allowance at the rate of 7% of his/her salary reduction. When he/she is promoted, the on-the-job disability allowance will be retained.

Article 27 If employees with work-related injuries of Grade 5 to Grade 1 dissolve or terminate their labor relations with the employing unit according to the provisions of Articles 34 and 35 of the Regulations on Work-related Injury Insurance of the State Council, the one-time work-related injury medical subsidy and disability employment subsidy shall be calculated based on the average monthly salary of employees in the overall planning area at the time of dissolution or termination of labor relations, and the standards are: one-time work-related injury medical subsidy, 16 months in Grade 5, 14 months in Grade 6, 12 months in Grade 7, 1 months in Grade 8 and 8 in Grade 9. One-time disability employment subsidy, five grades for 56 months, six grades for 46 months, seven grades for 36 months, eight grades for 26 months, nine grades for 16 months and ten grades for six months. For workers suffering from occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 3% on the basis of the above standards.

the work-related injury insurance relationship shall be terminated at the same time for the workers who receive one-time work-related injury medical subsidy and disability employment subsidy. Workers with work-related injuries are more than five years away from the normal retirement age, and the one-time disability employment subsidy is paid in full; Less than five years away from the normal retirement age, for each year of reduction, the one-time disability employment subsidy will be reduced by twenty percent; Less than one year from the normal retirement age, it will be paid by 1%.

those who enjoy one-time medical subsidies for work-related injuries and disability employment subsidies shall not be allowed to reduce the benefits they should enjoy in accordance with unemployment insurance regulations and the economic compensation they should enjoy in accordance with relevant regulations.

Article 28 Employees with work-related injuries will continue to enjoy treatment of work-related injuries, living care expenses, installation of assistive devices, etc. after going through retirement procedures. The required expenses, who have participated in work-related injury insurance before retirement, shall be paid by the work-related injury insurance fund; Those who did not participate in work-related injury insurance before retirement shall be paid by the original employer.

article 29 if an employee dies at work, the standard of one-time work-related death allowance shall be the average monthly salary of employees in the last year in the overall planning area for 54 months. For those who belong to emergency rescue and disaster relief, they will be paid for 6 months.

if an employee dies at work, the eligibility of his dependent relatives to enjoy pension benefits shall be verified according to the conditions when the employee dies at work.

Article 3 One-time disability allowance, funeral allowance and one-time work-related death allowance shall be paid within the next month from the date of application. Long-term benefits such as disability allowance and living care fee shall be paid from the month following the conclusion of labor ability appraisal. The pension for dependent relatives shall be paid from the month following the employee's death.

if the appraisal conclusion changes after the re-appraisal, the employees who suffer from work-related injuries shall enjoy corresponding treatment according to the re-appraisal conclusion, and the starting time for enjoying the treatment is the second month of the original appraisal time. If the appraisal conclusion of workers with work-related injuries changes, they shall enjoy the relevant treatment according to the appraisal conclusion from the next month, but the one-time disability allowance will not be adjusted.

article 31 the disability allowance, pension for dependent relatives and living nursing expenses shall be adjusted by the administrative department of labor and social security in the overall planning area in a timely manner according to the changes in the average salary and living expenses of employees, and shall be implemented after being approved by the administrative department of labor and social security of the province.

Article 32 If an employee has an accident while going out for work or his whereabouts are unknown during emergency rescue and disaster relief, he shall be paid as usual within three months from the month of the accident, and his salary shall be stopped from the fourth month, and his dependent relatives shall be paid monthly by the industrial injury insurance fund.