Chapter II Identification of Work-related Injury Article 9 An employee shall be identified as a work-related injury in any of the following circumstances:

(1) Being injured by an accident during working hours and in the workplace due to work reasons;

(2) being injured by an accident when he is engaged in preparatory or finishing work related to work in the workplace before and after working hours;

(3) During working hours and in the workplace, he is injured by violence or other accidents due to the performance of his duties;

(4) suffering from occupational diseases;

(5) During the period of going out for work, he was injured or his whereabouts were unknown due to work reasons;

(6) being injured by a motor vehicle accident on the way to and from work; (seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Article 26 Employees who have suffered work-related injuries shall enjoy treatment according to the following provisions after being identified with the level of work-related injuries and disabilities.

(1) One-time disability allowance. Based on the employee's salary, the salary is calculated as follows: first-class disability is 24 months, second-class disability is 22 months, third-class disability is 2 months, fourth-class disability is 18 months, fifth-class disability is 16 months, sixth-class disability is 14 months, seventh-class disability is 12 months, eighth-class disability is 1 months and ninth-class disability is 8 months.

(2) Disability allowance. Workers who are disabled due to work are identified as Grade I to Grade IV. They should quit their production and work posts, terminate their labor relations, and go through disability retirement procedures. The industrial injury insurance fund will pay the following monthly fee to my death. The standard of disability allowance is: 9% of my salary for first-degree disability, 85% for second-degree disability, 8% for third-degree disability and 75% for fourth-degree disability.

if the actual amount of disability allowance is lower than the local minimum wage standard, it shall be implemented according to the local minimum wage standard.

The disability allowance is adjusted annually according to the adjustment method of the basic old-age insurance.

if the employee keeps the labor relationship with the original unit and withdraws from the post, it shall be implemented in accordance with the provisions of Article 33 of the Regulations on Industrial Injury Insurance of the State Council. Article 27 If the registered permanent residence workers with Grade I to Grade IV disabilities in cross-regional co-ordination request to dissolve or terminate the labor relationship and enjoy the treatment of work-related injury insurance at one time, they shall sign an agreement with the social insurance agency in the co-ordination region, and the social insurance agency shall calculate and pay the one-time disability allowance according to the first standard of Article 26, and calculate and pay the one-time disability allowance and the one-time medical subsidy for work-related injury according to the following standards to terminate the relationship of work-related injury insurance: (1) Disability allowance. In accordance with the corresponding standard of disability allowance stipulated in Item (2) of Article 26 of this Ordinance, the lump sum payment shall be made for ten years; (2) The one-time medical subsidy for work-related injuries is based on my salary, and the first-degree disability is calculated for 15 months, the second-degree disability for 14 months, the third-degree disability for 13 months, and the fourth-degree disability for 12 months.

if nursing is needed, the living nursing fee shall be calculated and paid in one lump sum for ten years according to the standard stipulated in the second paragraph of Article 24 of these regulations.

Article 28 If the registered permanent residence of employees with grade I to IV disabilities is moved from the place where the unit is located, their disability allowance can be paid by the social insurance agency in the overall planning area once every six months according to the standard. The employing unit shall, based on the average monthly salary of employees in the last year as a whole, issue a six-month resettlement allowance. The required travel expenses, hotel expenses, baggage handling fees and food subsidies shall be reimbursed by the employer according to the standard of business trip.

article 29 for employees with disabilities ranging from level 5 to level 1, the employer cannot terminate the labor relationship, and should arrange work within its capacity.

A disabled worker of Grade 5-6 may dissolve or terminate the labor relationship with the employer at the request of the injured worker himself or when the employer closes down and goes bankrupt; If the labor contract of disabled employees with grades seven to ten expires, or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy and work-related injury medical subsidy, and end the work-related injury insurance relationship.

(1) One-time disability employment subsidy. Pay according to my salary: 5 months for grade five, 4 months for grade six, 25 months for grade seven, 15 months for grade eight, 8 months for grade nine and 4 months for grade ten.

(2) One-time medical subsidy for work-related injuries. According to my salary, the salary is calculated as follows: ten months for grade five, eight months for grade six, six months for grade seven, four months for grade eight, two months for grade nine and one month for grade ten.

Article 3 If an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main source of livelihood and were unable to work before the death of the employee due to work according to a certain proportion of the employee's salary. The standard is: 4% for the spouse, 3% for other relatives, and 1% for the elderly or orphans. The sum of the approved pensions for dependent relatives should not be higher than the wages of employees who died at work. The specific scope of supporting relatives shall be implemented according to the provisions of the administrative department of labor security of the State Council.

(3) The standard of one-time work-related death allowance is the average monthly salary of employees in the overall planning area for 48 months to 6 months. The specific standards shall be stipulated by the people's government of the overall planning area according to the local economic and social development and submitted to the provincial people's government for the record.

if a disabled employee dies due to work-related injuries during the period of suspension with pay, his/her immediate family members shall enjoy the treatment specified in the first paragraph of this article.

if a first-class to fourth-class disabled worker dies after the expiration of the suspension with pay, his immediate family members can enjoy the treatment stipulated in items (1) and (2) of the first paragraph of this article. The pension for dependent relatives is adjusted with the increase of the average wage of employees every year, and it is not adjusted when the average wage of employees is negative.

article 31 if an employee has an accident while going out for work or his whereabouts are unknown during emergency rescue and disaster relief, his salary will be paid by his unit within three months from the date of the accident, and he will be treated as a work-related death temporarily from the fourth month. A one-time work-related death allowance will be paid to 5% by the work-related injury insurance fund, and a monthly pension will be paid to support relatives. When the people's court declares him dead, the rest will be paid. If he reappears after being declared dead, he shall return the pension for supporting relatives and the one-time subsidy for work-related death.

article 32 a person who regularly receives disability allowance or a dependent relative who receives a dependent relative's pension shall provide a survival certificate issued by the employer or the household registration administration department of the place of residence in June and December of each year before continuing to receive it.

Article 33 Employees with work-related injuries shall cease to enjoy the benefits of work-related injury insurance under any of the following circumstances. (two) refused to accept the labor ability appraisal; (3) refusing treatment; (4) Being sentenced to prison for execution.

Article 34 Where the employing unit is divided, merged or transferred, the successor unit shall bear the industrial injury insurance liability of the original employing unit; If the original employer has participated in work-related injury insurance, the successor unit shall go to the local social insurance agency to register the change of work-related injury insurance.

if an enterprise goes bankrupt, disbands or terminates for other reasons, and assets are cleared or assets are auctioned or sold, the employer shall give priority to the industrial injury insurance benefits that should be paid by the employer in the same order of wages at the time of bankruptcy liquidation, and pay off the unpaid industrial injury insurance premiums and their interest and late fees.

article 35 the employing unit carries out contract operation, and if the contractor who uses workers does not have the qualification of employing unit, the employer who has the qualification of employing unit shall bear the responsibility of industrial injury insurance.

in case of work-related injury accidents in illegally contracted construction projects, the workers' work-related injury benefits shall be borne by subcontractors or contractors, and subcontractors or contractors shall have the right to recover compensation from the employer after assuming the responsibility of work-related injury insurance.

if an employee is injured by a work-related accident during the secondment period, the original employer shall bear the responsibility of work-related injury insurance, but the original employer and the seconded unit may agree on compensation measures. Chapter v industrial injury insurance fund article 36 the composition of industrial injury insurance fund:

(1) the industrial injury insurance premium paid by the employer;

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

(3) late fees and fines;

(4) local financial subsidies;

(5) other income as stipulated by laws and regulations.

article 37 the work-related injury insurance fund shall be raised according to the principle of fixed income by expenditure and balance of payments.

the social insurance agencies in the overall planning area determine the unit payment rate according to the industrial injury rate of the employer and the industry differential rate and intra-industry rate grade stipulated by the state every year.

article 38 the work-related injury insurance premium shall be borne by the employer, and individual employees shall not pay the work-related injury insurance premium.

the amount of work-related injury insurance premium paid by the employer is the product of the total wages of its employees multiplied by the unit payment rate.

article 39 the industrial injury insurance fund shall be accounted for at the prefecture level and listed as the unit. The industrial injury insurance fund shall establish a reserve fund, and the municipal level shall co-ordinate the establishment of a reserve fund according to 15% of the total amount of the industrial injury insurance fund, of which 1% of the municipal reserve fund shall be retained and 5% of the provincial reserve fund shall be paid.

The reserve fund is used for adjustment in case of major accidents, relocation of disabled persons and insufficient use of the fund.

if the municipal reserve fund is insufficient to pay, it shall be adjusted by the provincial reserve fund and paid by the municipal people's government.

Article 4 The industrial injury insurance fund shall be deposited in the financial special account and bear interest at the savings deposit rate of urban and rural residents in the same period, and all the interest earned shall be transferred to the industrial injury insurance fund.

Article 41 The industrial injury insurance fund shall be used for the following expenditure items:

(1) Industrial injury insurance benefits;

(2) medical rehabilitation and vocational rehabilitation expenses;

(3) Fees for obtaining evidence of work-related injuries and appraisal of labor ability;

(4) industrial injury prevention fee.

item (2) of the preceding paragraph shall not exceed one-third of the industrial injury insurance fund balance in the current year, and item (3) shall not exceed two percent of the total amount actually collected by the industrial injury insurance fund in the current year. The social insurance agency shall put forward the expenditure plan for the next year in September each year, and report it to the labor and social security department at the same level and the financial department for examination and approval, and then it shall be included in the expenditure budget of the industrial injury insurance fund for the next year, and shall be truthfully charged for the next year.

on the premise of ensuring that the reserve specified in the first paragraph of article 39 is fully retained and the expenses specified in items (1), (2) and (3) of the first paragraph of article 41 are fully paid, the industrial injury prevention fee can be withdrawn at a rate not exceeding 5% of the total amount actually collected by the industrial injury insurance fund in that year. The extracted expenses shall be put forward by the social insurance agency in conjunction with the safety production supervision and management department in September each year, submitted to the administrative department of labor and social security and the financial department at the same level for review, and included in the expenditure budget of work-related injury insurance for the next year, and the expenses incurred in the next year shall be truthfully charged.

no unit or individual may use the industrial injury insurance fund for investment and operation, construction or renovation of office space, bonus payment or other purposes. Chapter VI Management and Supervision Article 42 The administrative department of labor security shall exercise administrative supervision over the collection of work-related injury insurance premiums and the payment of work-related injury insurance funds according to law.

the financial department and the auditing organ shall supervise the income and expenditure and management of the industrial injury insurance fund according to law.

social insurance agencies at all levels should establish and improve the internal audit system.

article 43 trade unions shall safeguard the legitimate rights and interests of workers who have suffered work-related injuries according to law and supervise the work-related injury insurance of employers.

article 44 employees have the right to supervise the participation and payment of work-related injury insurance by the unit. The employing unit shall truthfully inform the employees of work-related injuries, participation in work-related injury insurance and payment.

article 45 employers and employees have the right to inquire about the payment of work-related injury insurance and the payment of work-related injury insurance benefits of their own units from local tax authorities and social insurance agencies, and supervise the implementation of these regulations. Local tax authorities and social insurance agencies shall provide corresponding consultation and inquiry services. Chapter VII Dispute Settlement Article 46 Any dispute between a work-related injury worker and his relatives and his employer due to work-related injury insurance matters shall be handled in accordance with the provisions on labor disputes.

article 47 if an injured worker, his relatives or the employing unit refuses to accept the appraisal conclusion of disability grade and labor ability made by the labor ability appraisal Committee, they may apply for re-appraisal within 15 days from the date of receiving the appraisal conclusion; if they refuse to accept the re-appraisal conclusion, they may apply for re-appraisal by the labor ability appraisal Committee at the next higher level within 15 days from the date of receiving the appraisal conclusion.

The conclusion of labor ability appraisal made by the provincial labor ability appraisal committee is final.

article 48 in any of the following circumstances, the relevant units and individuals may apply for administrative reconsideration according to law; If you are not satisfied with the reconsideration decision, you can bring an administrative lawsuit according to law:

(1) The employee who applied for work-related injury identification or his immediate family members and the unit where the employee works are not satisfied with the conclusion of work-related injury identification;

(2) the employer refuses to accept the unit payment rate determined by the social insurance agency;

(3) The medical institution and the auxiliary equipment allocation institution that signed the service agreement think that the social insurance agency has not fulfilled the relevant agreement or regulation;

(4) Employees who suffer from work-related injuries or their immediate family members disagree with the treatment of work-related injuries approved by social insurance agencies. Chapter VIII Legal Liability Article 49 If an employer refuses to pay work-related injury insurance premiums within the time limit or stops paying work-related injury insurance premiums without authorization, the local tax authorities will impose a late payment fee of two thousandths per day from the date of default, and may apply to the people's court for compulsory collection according to law; The directly responsible person in charge and other directly responsible personnel may be fined between 5, yuan and 2, yuan.

the late payment fee shall be borne by the employer and shall not be passed on to the employees. If the person directly responsible cannot be determined, the legal representative of the employer shall bear the responsibility.

article 5 if an employer conceals the total wages or the number of employees, the administrative department of labor security or the local tax authorities shall order it to make corrections and impose a fine of not less than one time but not more than three times the concealed wages.

if an employer, an injured employee or their relatives defraud the treatment of work-related injury insurance, and a medical institution or an auxiliary device allocation institution defrauds the expenditure from the work-related injury insurance fund, the administrative department of labor and social security shall order it to be returned, and impose a fine of not less than one time but not more than three times the amount defrauded; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

article 51 if an employer fails to provide evidence or provides false information in accordance with the provisions of the first paragraph of article 15 of these regulations, the administrative department of labor security shall impose a fine of not less than 1, yuan but not more than 1, yuan.

article 52 if the people's government, administrative departments, social insurance agencies and their staff violate these regulations and commit any of the following acts, the higher authorities shall order them to make corrections and recover the misappropriated funds; Illegal income, confiscate the illegal income; If the case constitutes a crime, the criminal responsibility of the responsible person shall be investigated according to law; If it does not constitute a crime, the relevant person in charge and the person directly responsible shall be given administrative sanctions according to law: (1) increasing or reducing the work-related injury insurance premium and its interest or late payment fee without authorization; (2) Failing to deposit all the work-related injury insurance premiums and their interest or late payment fees into the special account of the work-related injury insurance fund; (3) misappropriating the industrial injury insurance fund; (four) not according to the provisions of the approval of the work-related injury insurance treatment standards or collection period; (five) refused to pay the industrial injury insurance reserve in accordance with the provisions.