Article 1 (Fundamentals)
According to the "People's Republic of China (PRC) Social Insurance Law" and "Regulations on Industrial Injury Insurance", combined with the actual situation of this Municipality, these measures are formulated.
Article 2 (Scope of Application)
These Measures shall apply to enterprises, institutions, state organs, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees (hereinafter referred to as "employers") and their employees within the administrative area of this Municipality.
Article 3 (Administration of Collection and Payment)
The collection and payment of work-related injury insurance premiums shall be implemented in accordance with the relevant provisions of the Social Insurance Law of People's Republic of China (PRC) and the Provisional Regulations on the Collection and Payment of Social Insurance Fees.
Article 4 (Publicity and Handling)
The employer shall publicize the relevant information about participating in work-related injury insurance in the unit.
When an employee suffers work-related injuries, the employer shall take measures to help the injured get timely treatment.
Article 5 (Administrative Department)
Municipal Human Resources and Social Security Bureau is the administrative department in charge of industrial injury insurance in this Municipality, and is responsible for the unified management of industrial injury insurance in this Municipality.
The county human resources and social security bureau is responsible for the specific management of work-related injury insurance within its administrative area.
City social insurance fund settlement management center (hereinafter referred to as "social security agencies") is responsible for work-related injury insurance. The municipal medical insurance affairs management center and the district and county medical insurance affairs centers (hereinafter referred to as "medical insurance agencies") shall, within the scope of their duties, cooperate with the work-related injury insurance handling affairs.
Article 6 (Supervision)
Municipal Human Resources and Social Security Bureau and other departments shall solicit the opinions of trade union organizations and representatives of employers when formulating policies and standards for industrial injury insurance.
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.
Chapter II Industrial Injury Insurance Fund
Article 7 (Sources of Funds and Reserves)
The industrial injury insurance fund consists of the industrial injury insurance premium paid by the employer, the interest of the industrial injury insurance fund and other funds incorporated into the industrial injury insurance fund according to law.
The industrial injury insurance fund has a certain proportion of reserves in accordance with the relevant provisions of the state to pay for the industrial injury insurance benefits of major accidents in this city; If the reserve is insufficient to pay, it shall be paid by the municipal finance. The proportion and use of reserve funds shall be implemented in accordance with the relevant provisions of this Municipality.
Article 8 (Principle of Payment)
The employer shall pay the work-related injury insurance premium on time. Employees do not pay work-related injury insurance premiums.
The industrial injury insurance premium rate is determined according to the principle of fixed income and expenditure and balance of payments.
Article 9 (Payment Base)
The base for employers to pay work-related injury insurance premiums shall be determined according to the base for employers to pay urban basic old-age insurance premiums.
Article 10 (rate)
The employer shall pay the work-related injury insurance premium at the basic rate of 0.5% of the payment base.
The employer who has an industrial accident shall, on the basis of the basic rate, implement a floating rate in accordance with the provisions.
The floating rate is determined according to the employer's use of work-related injury insurance premiums and the incidence of work-related accidents. The floating rate is divided into five grades, each of which is 0.5% of the payment base. The highest rate after upward floating (basic rate plus floating rate) does not exceed 3% of the payment base, and the lowest rate after downward floating step by step is not lower than the basic rate. The floating exchange rate is approved once a year.
The specific measures for the floating rate of industrial injury insurance shall be formulated by the Municipal Human Resources and Social Security Bureau in conjunction with the municipal departments of finance, health and safety production supervision and management, and implemented after being approved by the Municipal People's government.
Article 11 (Scope of Payment)
The work-related injury insurance fund is used to pay for work-related injury insurance benefits, labor ability appraisal, work-related injury prevention publicity and training, and other work-related injury insurance expenses stipulated by laws and regulations.
The extraction ratio, use and management of work-related injury prevention expenses shall be implemented in accordance with relevant state regulations.
Article 12 (Fund Management and Supervision)
The industrial injury insurance fund shall be co-ordinated by the whole city and deposited in the financial special account of the social security fund of this Municipality for special purposes, and no unit or individual may use it without authorization.
Municipal Human Resources and Social Security Bureau shall supervise and inspect the collection of work-related injury insurance premiums and the payment of work-related injury insurance funds according to law.
The municipal finance and auditing departments shall supervise the income and expenditure and management of the industrial injury insurance fund according to law.
Article 13 (Institutional Funds)
Social security agencies, medical insurance agencies to carry out work-related injury insurance funds, according to the provisions of the approval of the financial sector, into the budget management.
Chapter III Identification of Work-related Injury
Article 14 (Determination of Work Injury Scope)
Workers in any of the following circumstances shall be recognized as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Article 15 (Scope of Work-related Injury)
Workers in any of the following circumstances shall be recognized as work-related injuries:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.
Employees in the first and second cases mentioned in the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these measures; In case of the third circumstance mentioned in the preceding paragraph, employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these measures.
Article 16 (Except for Work Injury)
Workers meet the provisions of Article 14 and Article 15 of these Measures, but under any of the following circumstances, they shall not be recognized as work-related injuries or regarded as work-related injuries:
(a) Intentional crime;
(2) Being drunk or taking drugs;
(3) Self-mutilation or suicide.
Article 17 (Application for Identity)