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Ministry of Justice Work Injury Compensation Measures for Criminals

Hello, there are specific regulations on compensation methods. You can refer to the regulations.

Although prisons are punishment execution agencies and not social enterprises, they still have the responsibility to ensure the personal safety of criminals during production and labor, and necessary compensation should be provided to criminals who are injured or killed during labor.

Regarding injuries suffered by criminals due to work while serving their sentences, the main legal basis for compensation should be the Prison Law and the Measures for Compensation of Prisoners’ Work-related Injuries.

1. Article 72 of my country’s Prison Law stipulates: Prisons shall pay criminals who participate in labor in accordance with relevant regulations and implement national labor protection regulations.

2. Article 73 stipulates: If a criminal is injured, disabled or dies during work, the prison shall deal with it in accordance with the relevant provisions of national labor insurance.

3. Article 7 of the "Measures for Compensation of Criminals' Work-related Injuries" stipulates: If a criminal is injured, disabled or dies under the following circumstances, it shall be deemed as a work-related injury: (1) Those who are engaged in daily labor, production or work temporarily assigned or agreed by the prison

.

4. Article 9 of the "Measures for Compensation of Criminals' Work-related Injuries" stipulates: The conclusion on the work-related injuries of criminals shall be made by the prison.

5. Article 10 of the "Measures for Compensation of Prisoners' Work-related Injuries" stipulates: If a prisoner is injured on the job, personnel from the production safety, labor management and medical departments of the prison shall, in accordance with relevant national standards and procedures, evaluate the work ability and disability of the prisoner.

Level identification.

2. State compensation caused by injuries or disabilities caused by criminals during prison labor shall be handled in accordance with the procedures stipulated in the "State Compensation Law of the People's Republic of China".

1. "Measures for Work-related Injury Compensation for Criminals" stipulates: "If a criminal is injured, disabled or dies during work, the prison district where the criminal is located shall submit a work-related injury application report to the prison in a timely manner. The prison shall complete the investigation and evidence collection within 30 days of receiving the report.

, make a decision on whether to identify a work-related injury, and notify the offender or his family. 2. If the person refuses to make a work-related injury determination, the party concerned can file a complaint with his superior authority. If it is still ignored, it will be regarded as administrative inaction.

File an administrative lawsuit and ask for compensation. 3. If the administrative lawsuit is not accepted, the High Court Administrative Tribunal issued in 2005 "On the issue of state compensation for injuries and disabilities caused by criminals during prison labor."

"Request for Instructions on How to Determine the Nature of the Prison's Treatment of Medical Fees and Compensation Payments for Criminals Injured or Disabled During Work and How to Relieve Those Dissatisfied with Such Behavior" has been received.

The reply is as follows: State compensation caused by criminals' injuries or disabilities caused by prison labor should be handled in accordance with the procedures stipulated in the "State Compensation Law of the People's Republic of China". Therefore, as long as these relevant regulations are met.