Article 1

In order to improve the industrial injury insurance system, ensure that employees who suffer from accidents or occupational diseases at work receive medical treatment and economic compensation, promote industrial injury prevention and vocational rehabilitation, and disperse the industrial injury risks of employers, these Provisions are formulated in accordance with the Labor Law of the People's Republic of China and the Regulations on Industrial Injury Insurance (Order No.375 of the State Council) and in combination with the actual situation of this Municipality. Article 2

All kinds of enterprises within the administrative area of this Municipality (hereinafter referred to as employers) shall participate in work-related injury insurance according to law and pay work-related injury insurance premiums for all employees of their own units.

workers who have labor relations (including factual labor relations) with the employing unit (hereinafter referred to as employees) shall enjoy work-related injury insurance benefits according to law. Individual employees do not pay work-related injury insurance premiums.

individual industrial and commercial households with employees and their employees have participated in industrial injury insurance since January 1, 25. Article 3

The municipal labor security administrative department is responsible for the work-related injury insurance in the whole city, and guides the labor security administrative departments of all districts and counties, Tianjin Economic and Technological Development Zone, Tianjin Port Bonded Zone and Tianjin New Technology Industrial Park to do a good job in the work-related injury insurance within their respective jurisdictions.

Social insurance agencies (hereinafter referred to as agencies) specifically undertake work-related injury insurance.

the administrative departments of finance, health, personnel, industry and commerce, and safety supervision shall, according to their respective responsibilities, cooperate with the administrative departments of labor security to do a good job in work-related injury insurance. Article 4

The administrative department of labor and social security shall set up a work-related injury insurance institution, which shall be staffed with personnel who meet the needs of the work and be responsible for the work-related injury insurance. Article 5

This Municipality establishes a fund for industrial injury insurance, which shall be co-ordinated by the whole city. The work-related injury insurance fund consists of the following items:

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

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

(3) late fees;

(4) social donations;

(5) Other funds incorporated into the industrial injury insurance fund according to law. Article 6

The handling agency shall determine the industry risk categories of the employing units respectively according to the industrial and commercial registration and major production and business operations of the employing units.

according to the relevant provisions of the state, the benchmark rate of classified industries is determined according to the use of work-related injury insurance premiums, the incidence of work-related injuries, the degree of occupational hazards, etc. Specific standards shall be formulated by the municipal labor and social security department in conjunction with the municipal finance, health and safety supervision departments, and shall be implemented after being approved by the Municipal People's government. Its specific standards can be adjusted regularly.

according to the employer's use of work-related injury insurance premiums, the incidence of work-related injuries, the degree of occupational disease hazards and other factors, the agency will determine the employer's next year's work-related injury insurance payment rate against the prescribed rate standard, and report it to the municipal labor and social security administrative department for the record. Article 7

The employing unit shall, within 3 days after the implementation of these Provisions, and the employing unit established after the implementation of these Provisions shall, within 3 days from the date of establishment according to law, go to the local agency to register the industrial injury insurance. The agency shall complete the audit within 1 days from the date of acceptance.

if the registered items of work-related injury insurance of the employing unit are changed or terminated according to law, it shall go through the formalities of change or cancellation of work-related injury insurance at the agency within 3 days from the date of change or termination. Article 8

The employing unit shall report to the agency the work-related injury insurance premium that should be paid monthly, and pay it within 3 days after approval. Article 9

The industrial injury insurance fund shall be used for the following expenses:

(1) Industrial injury insurance benefits;

(2) labor ability appraisal fee;

(3) expenses for investigation of work-related injuries;

(4) Vocational rehabilitation expenses;

(5) Other expenses for industrial injury insurance as stipulated by laws and regulations. Article 1

The industrial injury insurance fund shall set aside a reserve fund according to 1% of the total amount of the industrial injury insurance fund in the current year, and will not be withdrawn when its accumulated total amount exceeds 3% of the total amount of the industrial injury insurance fund in the current year.

when a major accident occurs in this city where the industrial injury insurance fund is insufficient to pay the industrial injury insurance benefits, it can be paid with the reserve fund with the approval of the municipal labor and social security administrative department and the financial department.

when the reserve fund is insufficient to pay, it shall be paid in advance by the municipal finance. Eleventh

the administrative department of labor and social security is responsible for the identification of work-related injuries and work-related injuries.

the municipal administrative department of labor and social security is responsible for the identification of work-related injuries of employees suffering from occupational diseases and employees of migrant workers across provinces and cities.

the labor and social security administrative departments of all districts and counties, Tianjin Economic and Technological Development Zone, Tianjin Port Bonded Zone and Tianjin New Technology Industrial Park are responsible for the identification of work-related injuries of employees of the employing units other than those specified in the preceding paragraph. Article 12

After an accident happens to an employee, the employee or on-site personnel shall immediately report to the employing unit. The employing unit shall report to the administrative department of labor security within 24 hours, and at the same time file with the agency. Article 13

The employing unit shall, within 3 days from the date of the accident injury or the date when the employee is diagnosed and identified as an occupational disease, submit an application for work-related injury identification to the administrative department of labor and social security, and submit the following materials:

(1) An application form for work-related injury identification;

(2) valid proof of labor contract or labor relationship;

(3) medical diagnosis certificate or occupational disease diagnosis certificate;

(4) the employee's identity certificate;

(5) Other relevant certification materials. Article 14

If the employing unit fails to apply for work-related injury identification according to the regulations, the workers with work-related injuries or their immediate family members or trade unions may directly apply to the administrative department of labor and social security for work-related injury identification within one year from the date of the accident injury or the date of diagnosis and identification as an occupational disease, and submit the certification materials specified in Article 13. Article 15

The administrative department of labor and social security shall make a decision on accepting or not accepting the application for work-related injury identification, and notify the applicant in writing. If the application materials for work-related injury identification are incomplete, the applicant shall be informed in writing within 15 days.

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 notify the employing unit, the workers with work-related injuries or their immediate family members and the agency in writing. Article 16

The labor ability appraisal committee is composed of representatives of the labor security administrative department, the personnel administrative department, the health administrative department, the trade union organization, the agency and the employer. The Municipal Labor Ability Appraisal Committee undertakes the following duties:

(1) Grade appraisal of the degree of labor dysfunction and self-care dysfunction;

(2) confirmation of shutdown with pay;

(3) confirmation of auxiliary devices;

(4) confirmation of recurrence of old injuries;

(5) the definition of industrial injury and non-industrial injury;

(6) identification of the labor ability of the dependent relatives of the deceased workers;

(7) other entrusted labor ability appraisal.

The labor ability appraisal committees of all districts and counties, Tianjin Economic and Technological Development Zone, Tianjin Port Bonded Zone and Tianjin New Technology Industrial Park are responsible for the appraisal beyond the provisions of Item (3) of the preceding paragraph under the guidance of the Municipal Labor Ability Appraisal Committee.

the office of the labor ability appraisal Committee is located in the administrative department of labor security, which is specifically responsible for the organization and daily management. Article 17

The municipal labor ability appraisal committee shall be responsible for the appraisal of the labor ability of the employees suffering from occupational diseases and the employees of the employers who move across provinces and cities. Article 18

If an injured worker is cured after the expiration of work stoppage with pay or during the period of work stoppage with pay, and there is a disability that affects his working ability, he shall apply for labor ability appraisal. The labor ability appraisal committee shall make an appraisal conclusion within 6 days from the date of acceptance. If necessary, it can be extended for 3 days. The conclusion of labor ability appraisal shall be notified in writing to the employer, the injured worker and the agency.

The period of suspension with pay for workers with work-related injuries shall be determined by the labor ability appraisal committee according to the diagnosis certificate of the medical institution that signed the service agreement and the relevant provisions of this Municipality, and the employer, the workers with work-related injuries or their immediate family members and the agency shall be notified in writing. Article 19

The following work-related injury insurance benefits for employees with work-related injuries shall be paid from the work-related injury insurance fund:

(1) Work-related injury medical expenses;

(2) Rehabilitation treatment fee;

(3) auxiliary equipment allocation fee;

(4) living care expenses;

(5) One-time disability allowance;

(6) Disability allowance for disabled employees of Grade I to IV;

(7) Funeral allowance;

(8) pensions for dependent relatives;

(9) One-time work death subsidy. Article 2

If an employee dies at work, the one-time death allowance shall be paid at the average monthly salary of employees in the previous year of this Municipality for 6 months. Article 21

The employer shall be responsible for the following work-related injury insurance benefits for employees with work-related injuries:

(1) Hospitalization food subsidies;

(2) transportation and accommodation expenses for medical treatment in other places;

(3) wages and benefits during the shutdown with pay;

(4) Life nursing during the period of shutdown with pay;

(5) Disability allowance for disabled employees of Grade V and VI;

(6) One-time work-related injury medical subsidy and disability employment subsidy. Article 22

Employees who suffer from accidents or occupational diseases due to work shall be treated in medical institutions that have signed service agreements. In case of emergency, you can go to the nearest medical institution for first aid.

The treatment expenses of the employees with work-related injuries shall be paid in advance by the employing unit or individual employees. After the work-related injury is identified, the treatment expenses that have occurred shall be settled by the employer and the agency. The hospitalization expenses that continue to occur shall be settled by medical institutions and agencies.

The fees for rehabilitation treatment and assistive devices allocation for workers with work-related injuries shall be settled by medical institutions, assistive devices allocation institutions and handling institutions that have signed service agreements. Article 23

Workers with work-related injuries who receive rescue treatment in medical institutions in other places shall be promptly transferred to medical institutions in this Municipality that have signed service agreements for further treatment after they are out of danger. Article 24

If an employee's work-related disability is identified as level 5 or level 6 disability, he/she may terminate or terminate the labor relationship with the employer upon his/her own request; The labor relationship may be dissolved or terminated if the employee is identified as a disabled person with a grade of seven to ten, and the labor contract expires or the employee himself proposes to dissolve the labor contract.

The employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy for employees who terminate their labor contracts or labor relations. The specific standard is 5 to 3 months of the average monthly salary of employees in this city last year. Five-level disability is 3 months, six-level disability is 25 months, seven-level disability is 2 months, eight-level disability is 15 months, nine-level disability is 1 months, and ten-level disability is 5 months. Article 25

If an employee who has received a one-time work-related injury medical subsidy and disability employment subsidy relapses after re-employment, the part of the expenses for work-related injury treatment that exceeds 5% of the one-time work-related injury medical subsidy and disability employment subsidy shall be paid from the work-related injury insurance fund. Article 26

Employees who receive disability allowance or dependent relatives' pension, whose permanent residence is not in this city, can enjoy the treatment of work-related injury insurance in one lump sum according to the following standards, and the relationship of work-related injury insurance is terminated at the same time:

(1) The maximum period of receiving disability allowance is not more than 15 years;

(2) If a dependent relative's pension is received, the child under the age of 18 shall be counted as 18 years old; Other dependent relatives shall not exceed 15 years at most. Article 27

Employees who are diagnosed with occupational diseases after retirement shall enjoy treatment of work-related injury insurance other than one-time disability allowance; If a person dies after being identified as one to four-level disability, his dependent relatives shall enjoy the treatment of work-related injury insurance except the one-time work-related death subsidy. Article 28

Disability allowance, pension for dependent relatives and living nursing expenses shall be adjusted by the municipal administrative department of labor and social security according to the average monthly salary and minimum wage of employees in this municipality last year. Article 29

If an employee's work-related injury involves other civil injury compensation, and the total amount of injury compensation is lower than the treatment of work-related injury insurance, the work-related injury insurance fund will make up the difference, and the treatment shall not be enjoyed repeatedly.

after employees or their immediate family members receive compensation, they shall repay the industrial injury insurance fund or the expenses paid by the employer.

Article 3

Employees who enjoy work-related injury insurance benefits or their immediate family members shall submit relevant materials to the agency. The agency shall complete the approval within 15 days and implement the relevant treatment in accordance with the regulations. Article 31

The administrative department of labor and social security shall, jointly with the relevant departments, carry out publicity and education on work-related injury prevention for the employing unit and its employees, prevent and reduce the occurrence of work-related injuries and occupational diseases, and gradually create conditions to arrange rehabilitation treatment for workers with work-related injuries. Article 32

Employees who have been identified as having recovered or partially recovered their working ability shall be subject to the appropriate work arranged by the employing unit. Article 33

If the employer fails to pay the work-related injury insurance premium as required, the administrative department of labor security shall order it to pay it within a time limit; If the overdue payment is still not made, in addition to paying the unpaid amount, a late payment fee of 2‰ will be charged on a daily basis from the date of default.

if the employer refuses to pay the work-related injury insurance premium and late payment fee, the administrative department of labor security shall apply to the people's court for compulsory collection according to law.

during the period when the employer fails to pay the work-related injury insurance premium according to regulations, the employer shall pay the work-related injury insurance benefits to the employees. Article 34

The expenses for the employees who suffered work-related injuries before October 1, 1996 and need treatment and auxiliary devices after examination and confirmation shall be paid from the work-related injury insurance fund from July 1, 24.

for the employees who suffered work-related injuries after October 1, 1996 and before the implementation of these provisions, the employer shall pay the expenses incurred for the work-related injuries. After the implementation of these provisions, the work-related injury expenses that continue to occur shall be paid from the work-related injury insurance fund since July 1, 24 if they fall within the scope of payment by the work-related injury insurance fund (except for the one-time disability subsidy).

employees who suffered work-related injuries after October 1, 1996 and before the implementation of these Provisions shall go through retirement procedures if they are identified as disabled at level one to four and reach retirement age. If their basic old-age insurance premium is lower than the disability allowance standard, the work-related injury insurance fund will make up the difference. Article 35

If an application for work-related injury identification has been filed within one year before the implementation of these Provisions, if the work-related injury identification is completed after the implementation of these Provisions, the work-related injury insurance benefits shall be implemented in accordance with these Provisions. Article 36

The municipal labor and social security administrative department may, jointly with relevant departments, formulate supporting measures for work-related injury insurance according to the relevant provisions of the state and this Municipality. ;