Where laws and administrative regulations provide otherwise, such provisions shall prevail. Article 3 The employing unit shall participate in industrial injury insurance in accordance with the following provisions:
(a) registered in the market supervision and management, civil affairs, organization management and other institutions, and participated in work-related injury insurance at the place of registration;
(2) If the place of registration and the place of production and operation are not in the same area, in principle, you shall participate in industrial injury insurance at the place of registration; Those who have not participated in work-related injury insurance at the place of registration shall participate in work-related injury insurance at the place of production and operation;
(3) Where a labor dispatch unit dispatches employees across regions, it shall participate in work-related injury insurance in accordance with the relevant provisions of the State on labor dispatch.
Encourage employers to apply for supplementary work-related injury insurance for employees on the basis of participating in statutory work-related injury insurance. Article 4 Where the employing unit participates in work-related injury insurance according to law, the workers with work-related injuries shall conduct work-related injury identification and labor ability appraisal at the insured place, and enjoy work-related injury insurance benefits in accordance with relevant local regulations; If the employer does not participate in work-related injury insurance, it can carry out work-related injury identification and labor ability appraisal in the production and business premises, and the employer will pay work-related injury insurance benefits in accordance with local relevant regulations. Article 5 The provincial and municipal people's governments shall lead the work of work-related injury insurance in their respective administrative areas, strengthen the risk prevention and control of work-related injury insurance funds, expand the coverage of work-related injury insurance, establish a coordination mechanism for work-related injury prevention, safe production and occupational health, incorporate the funds for work-related injury identification investigation into the fiscal budget, and promote the informatization construction of work-related injury insurance services. Article 6 The social insurance administrative departments of provinces, cities and counties (including county-level cities and districts, the same below) shall be responsible for the work-related injury insurance within their respective administrative areas.
Social insurance agencies (hereinafter referred to as agencies) specifically undertake work-related injury insurance affairs such as registration, verification and treatment payment.
The administrative departments of finance, emergency management, hygiene and health, market supervision and management, state-owned assets supervision, housing and urban construction, taxation, transportation, commerce, civil affairs, public security and other social groups and organizations, as well as trade unions (including trade unions at all levels, trade unions and employers' trade unions) shall cooperate with each other to do a good job in work-related injury insurance within the scope of their respective duties. Chapter II Industrial Injury Insurance Fund Article 7 A provincial adjustment system for industrial injury insurance funds shall be established.
Provincial adjustment funds shall be paid by municipalities according to 2% of the total amount of work-related injury insurance premiums collected in the previous year and deposited in the financial accounts of social security funds for separate accounting. The provincial adjustment fund is paid once a year, and solution ratio can be adjusted in time according to the usage. The specific measures for the administration of use shall be formulated by the provincial social insurance administrative department in conjunction with the financial department. Article 8 The industrial injury insurance co-ordination area shall draw the industrial injury insurance reserve from the industrial injury insurance fund every year, and the extraction ratio shall not exceed 3% of the total income of the industrial injury insurance fund in the co-ordination area in that year. The specific proportion and use method shall be formulated by the social insurance administrative department of the co-ordination area jointly with the financial department.
The industrial injury insurance reserve is calculated in the balance of the industrial injury insurance fund. If the accumulated balance of the reserve reaches 30% of the income of the industrial injury insurance fund in the last year, or the scale of the reserve reaches the average payment level of 6 months, the withdrawal will be suspended. Article 9 The administrative department of social insurance in the overall planning area shall, on the premise of ensuring the ability to pay for work-related injury insurance benefits and the retention of reserves, draw work-related injury prevention fees from the work-related injury insurance fund according to the principle of not exceeding 3% of the collection income of the work-related injury insurance fund in the previous year in the overall planning area. Due to the need of work-related injury prevention, with the consent of the provincial social insurance administrative department and the financial department, the proportion of work-related injury prevention fees can be appropriately increased. Tenth industrial injury insurance payment rates to implement industry differential rates and unit floating rates.
The administrative department of social insurance shall, jointly with emergency management, health and other relevant departments, reasonably determine the specific standard of the benchmark rate of industrial injury insurance industry in the overall planning area and the floating method of unit rate according to the national rate policy, the use of work-related injury insurance premiums by employers, the incidence of work-related accidents, the degree of occupational hazards, the level of standardization construction of safety production and other factors, and report to the people's government at the same level for approval and promulgation after soliciting the opinions of the Federation of Trade Unions, Federation of Industry and Commerce and enterprise associations (chambers of commerce).
The agency shall determine the payment rate of the employer according to the industry benchmark rate standard and the floating method of the unit rate. Chapter III Identification of Work-related Injury Article 11 The administrative department of social insurance shall identify work-related injuries in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance. Unless otherwise provided by laws and administrative regulations, the following provisions shall be observed:
(1) During the period of going out for work, the employee's going out is arranged by the employer, and the accidental injury suffered is caused by work, which is regarded as a work-related injury;
(two) involving foreign work, there is a fixed residence and a clear schedule, according to the normal work situation in the local area;
(three) due to work reasons, employees who participate in cultural and sports activities organized by the employer are injured by accidents, or are assigned by the employer to participate in activities related to the normal business operation of the unit, which shall be handled according to work reasons;
(4) Traffic accidents of employees who are not mainly responsible for commuting, injuries caused by urban rail transit, passenger ferry and train accidents, or situations such as drunkenness, drug abuse, self-mutilation and suicide. , should be handled according to valid legal documents or concluding comments issued by competent authorities or institutions;
(five) involving intentional crimes, according to the effective legal documents or concluding observations of the judicial organs.
The organ or institution responsible for identifying and handling the situations specified in the preceding paragraph according to law shall issue relevant legal documents or concluding comments according to law.
If it is impossible to obtain the basis specified in items 4 and 5 of the preceding paragraph, it can be handled according to the results of work-related injury investigation and relevant evidence.