Based on

Ministry of Human Resources and Social Security

"Notice on the Incorporation of Old Work-Injured Personnel into the Overall Management of Work-related Injury Insurance"

Ministry of Human Resources and Social Security [2009] No. 40

Human Resources and Social Security (Labor and Social Security) Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, Labor and Social Security Bureau of Xinjiang Production and Construction Corps:

In order to further improve the work-related injury insurance system, effectively protect the legitimate rights and interests of work-related injuries caused by work-related accidents or occupational diseases before the employer participates in the social pooling of work-related injury insurance, and dependent relatives of work-related deaths (hereinafter referred to as "old work-related injuries"), and reduce the burden on enterprises, To maintain social harmony and stability, the relevant work notice on the inclusion of "old workers' injured" people in the overall management of work-related injury insurance is now as follows:

1. Fully understand the importance of including "old workers' injured" people in the overall management

People with "old workers' injuries" are a special group formed during the transition of my country's social security system. Currently, most of the people with "old workers' injuries" are concentrated in state-owned large and medium-sized enterprises during the original planned economy period, especially in some high-risk industries. In recent years, with the continuous improvement of my country's social security system, the problems caused by the implementation of unit self-security and decentralized management of "old workers' injured" personnel have become increasingly prominent. There are large differences in the treatment of people with "old work injuries" in different enterprises and at different times. In particular, there are phenomena such as the inability of some enterprises in difficulty to pay the relevant benefits of "old work injuries" to people with "old work injuries", making it difficult to guarantee the rights and interests of "old work injuries" people. Actively and reliably bringing this group of people into the socialized overall management of work-related injury insurance will not only help protect the vital interests of “old work-related injuries” people, but also help promote social harmony and stability. Moreover, it is of great significance to further improve the work-related injury insurance system, effectively protect the rights and interests of work-injured employees, reduce the burden on employers, and promote the healthy and sustainable development of the work-related injury insurance system.

2. Earnestly do a good job in raising funds to bring the "old workers' injured" people into overall management

Fund raising is an important factor in properly doing a good job in the overall management of "old workers' injured" people. All localities should carefully assess and calculate the funding needs to bring "old workers' injured" personnel into overall management based on actual conditions. They can adopt the "three-party support" method of work-related injury insurance funds, employers and the government to implement financing through multiple channels. Areas with large cumulative balances of work-related injury insurance funds should directly include “old work-related injuries” personnel into overall management. Areas with a small cumulative balance of work-related injury insurance funds and greater financial difficulties can, on the basis of analysis and calculation, negotiate with the employer to solve the problem by making a one-time payment or appropriately increasing the premium rate. For state-owned enterprises that are in operating difficulties and unable to pay fees, especially the expenses of "old workers injured" left over from bankrupt and restructured enterprises, all localities must strengthen coordination with relevant government departments and raise funds through multiple channels such as government support to solve the problem.

3. Properly handle the policy coherence issues in the overall management of people with "old work injuries"

The problem of "old work injuries" has a long time span, complex personnel composition, and decentralized management. Properly coordinating relevant policies and changing management models are the keys to properly handling the problem of “old work injuries”. In particular, with regard to issues such as the confirmation of the qualifications of "old work-related injuries" who have been disabled for a long time, and the connection of treatment items and standards before and after being included in overall management, all localities must distinguish between different situations, formulate relevant measures, and properly implement them while respecting history. be solved. In terms of work focus, priority should be given to solving the problems of industries with a relatively large concentration of "old workers' injuries" and more prominent problems, as well as the closure and bankruptcy of enterprises. Regarding the benefits items that should be included in the overall planning, those that can be included in the overall management at one time should be included in the overall management at one time; if it is difficult to include them all in one go, the method of inclusion by items and step-by-step implementation can be adopted.

After this notice is issued, when going through the insurance procedures for new units participating in work-related injury insurance, all localities should include existing work-related injuries in accordance with the requirements of this notice and the relevant regulations of the insurance co-ordination area. Overall management.

4. Intensify work and conscientiously organize and implement

Human resources and social security departments in various localities should strengthen their leadership in the overall management of people with "old work injuries" and conscientiously implement the Scientific Outlook on Development In line with the central government's spirit of ensuring growth, people's livelihood, and stability, we will regard solving the problem of "old workers' injuries" as a major issue to improve people's livelihood and reduce the burden on enterprises, actively coordinate with relevant departments, and conscientiously organize and implement it.

All localities should promptly deploy "old workers' injured" personnel to be included in overall management work. Any region that has not yet formulated a solution to the problem of "old work-related injuries" personnel must be included in the overall management method, must formulate local measures to solve the problem of "old work-related injuries" personnel before the end of June 2009 and report it to the Ministry of Work Injury Insurance Department for filing. All localities should bring most of the "old workers' injured" people into the overall management of work-related injury insurance before the end of 2009, and achieve the goal of integrating the "old workers' injured" people into socialized overall management by the end of 2010. Our Ministry will supervise the progress of the work of integrating people with "old work injuries" into overall management in various places. For major problems encountered at work in various places, please contact the Ministry of Work Injury Insurance Department in a timely manner.