Notice of Shanghai Municipal Labor and Social Security Bureau on the Transfer of Work-related Injury Insurance Benefits of Old Workers in Shanghai to Work-related Injury Insurance Fund

People's governments of all districts and counties, commissions, offices and bureaus of the municipal government, holding (group) companies, municipal social insurance fund settlement management centers, labor and social security bureaus and social insurance management centers of all districts and counties:

According to the Measures for the Implementation of Work-related Injury Insurance in Shanghai, In order to improve the industrial injury insurance system in this Municipality, protect the legitimate rights and interests of the old industrial injury workers and reduce the burden on the employers, with the consent of the municipal government, the relevant issues concerning the transfer of the industrial injury insurance benefits of the old industrial injury workers in this Municipality to the industrial injury insurance fund are hereby notified as follows:

1. Scope and object of application of this notice

This notice applies to the employers and their old industrial injury workers who participate in industrial injury insurance in accordance with the provisions of the Implementation Measures within the administrative area of this Municipality.

the old injured workers mentioned in the preceding paragraph refer to those who have suffered accident injuries or occupational diseases before the implementation of the implementation measures, and the employer is still responsible for paying work-related injury insurance benefits.

The immediate family members of those who died at work before the implementation of the Implementation Measures are still eligible for support, and those whose pension benefits are paid by the employer shall be implemented with reference to the provisions of this notice.

II. Principles and procedures for transferring the work-related injury insurance benefits of the old injured workers to the work-related injury insurance fund

The work-related injury insurance benefits of the old injured workers are transferred to the work-related injury insurance fund for payment. According to the principle of voluntariness, the employer and the old injured workers reach an agreement through consultation, and the employer shall apply to the administrative department of labor security and go through the application procedures according to the following provisions:

(1) The employer may, from the date of issuance of this notice, After registering the basic information of the old injured workers who meet the prescribed conditions (see Annex 1) and signing and confirming by the old injured workers themselves, apply to the administrative department of labor and social security of the county where the unit is located.

(2) When applying, the employer shall provide materials that can prove the nature of the old work-related injury, and the administrative department of labor and social security at the county level shall issue a confirmation opinion after examination (see Annex II).

The materials that can prove the nature of the old work-related injury can be:

1. Work-related injury certificate issued by the administrative department of labor security;

2. Appraisal conclusion issued by the municipal, district and county labor ability appraisal committee;

3. The accident handling reply or relevant certificate issued by the safety production supervision department;

4. A certificate issued by the health administrative department that the patient was diagnosed as an occupational disease for the first time.

(3) if the employer applies but cannot provide the above materials, with the consent of the administrative department of labor and social security at the county level, it can supplement the supporting materials that the employer has paid the treatment of work-related injury insurance, and the administrative department of labor and social security at the county level will issue a confirmation opinion after examination.

(4) Persons who suffered from accidents or occupational diseases in government organs, institutions and social organizations before the end of 23 shall be confirmed or recognized by the competent departments of districts, counties and bureaus, and relevant certificates shall be issued. By the county administrative department of labor and social security audit issued a confirmation letter.

if the old injured workers have been appraised by the administrative department of labor and social security at the county level, the original appraisal conclusion of labor ability will remain valid; If there is no appraisal of labor ability, or if it needs to be re-appraised, it shall be appraised according to the regulations.

III. Work-related injury insurance benefits for old workers with work-related injuries

(1) Before the work-related injury insurance benefits for old workers with work-related injuries are transferred to the work-related injury insurance fund, the work-related injury insurance benefits they should enjoy shall be borne by the employing unit according to the provisions of the original measures of this Municipality;

after it is transferred to the industrial injury insurance fund, its industrial injury insurance benefits (except one-time disability grant, one-time work death grant and funeral grant) shall be implemented according to the provisions of the Implementation Measures. When an employer or an old industrial injury worker goes through the formalities of applying for treatment to the county industrial injury insurance agency, it shall submit the Application Form for Industrial Injury Insurance Treatment, the Confirmation Opinion, the Appraisal Conclusion and the payment voucher of medical expenses and other related materials. After the approval of the industrial injury insurance agency, the industrial injury insurance treatment will be paid from the next month.

(2) If the industrial injury insurance benefits of the old injured workers are not transferred to the industrial injury insurance fund, the industrial injury insurance benefits shall be paid by the employer according to the original provisions of this Municipality.

iv. settlement of work-related injury insurance benefits and expenses for the old injured workers

after the work-related injury insurance benefits for the old injured workers are transferred to the work-related injury insurance fund, the work-related injury insurance benefits and expenses paid by the work-related injury insurance fund shall be settled according to the following provisions:

(1) The floating rate method is not adopted for the work-related injury insurance fund to pay the treatment expenses for the old injured workers. The work-related injury insurance fund pays the work-related injury insurance benefits of the old workers, and the work-related injury insurance fund and the employer each bear 5%.

(2) The work-related injury insurance agency shall, according to the total expenses paid by the work-related injury insurance fund in the current year, verify the expenses that the employer should bear in the next year. The work-related injury insurance expenses borne by the employer shall be paid to the work-related injury insurance agency on a monthly basis, or may be paid in one lump sum as needed.

v. Others

(1) If the employer (excluding government agencies, institutions and social organizations) and the relevant parties have disputes over whether it is a work-related injury, they may, within one year from the date of issuance of this notice, refer to the provisions of the Implementation Measures to file an application for work-related injury identification with the administrative department of labor and social security at the county level where the unit is located. In line with the acceptance conditions of work-related injury identification, the administrative department of labor and social security at the county level shall identify the work-related injury according to the relevant provisions of the state and this Municipality when the accident occurred.

(2) If the employer or relevant personnel practise fraud, resulting in the unqualified personnel's work-related injury insurance benefits being transferred to the work-related injury insurance fund, the administrative department of labor security shall revoke the confirmation opinion, and the work-related injury insurance agency shall stop paying the work-related injury insurance benefits, and shall investigate the legal responsibilities of the employer and relevant personnel according to the provisions of the Implementation Measures.

(3) If the employer is divided, merged or transferred after the work-related injury insurance benefits of the old injured workers are transferred to the work-related injury insurance fund, the successor unit shall bear the work-related injury insurance expenses of the original employer according to the provisions of this notice; Where the employing unit goes bankrupt, dissolves or cancels, the industrial injury insurance benefits of its old industrial injury personnel shall be paid by the industrial injury insurance fund, but in bankruptcy liquidation, priority shall be given to paying off the industrial injury insurance benefits of the old industrial injury personnel that should be borne by the employing unit.

(4) this circular shall come into force as of April 1, 25.

Attachments: 1. Registration Form of Basic Information of Old Injured Workers

2. Confirmation Letter

Shanghai Labor and Social Security Bureau

March 23rd, 25

Copy: Municipal Party Committee, General Office of Municipal Government, Municipal Higher People's Court, City Federation of Trade Unions

Appendix 1:

Registration Form of Basic Information of Old Workers with Work Injury

Name of applicant: social security code of employer:

Name of surname, name of ID card, degree of injury, remarks

Number and date of injury

Attachment 2:

Confirmation opinion

Document number:

Unit:

According to your company's year, month and year. Information, after investigation and examination, according to the provisions of the Notice on the Transfer of Work-related Injury Insurance Benefits of Old Workers in this Municipality to the Work-related Injury Insurance Fund, it is agreed to transfer the work-related injury insurance benefits of (IDNo.:) to the Work-related Injury Insurance Fund.

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