Article 1 In order to ensure that employees who suffer from accident injuries or occupational diseases at work get medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the work-related injury risks of employers, these measures are formulated in accordance with the relevant provisions of the Social Insurance Law of the People's Republic of China and the Regulations on Work-related Injury Insurance of the State Council (hereinafter referred to as the Regulations) and in combination with the actual situation of this province.

article 2 enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations within the administrative region of this province and individual industrial and commercial households with employees (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 or employees (hereinafter referred to as employees). The employees of the employing unit have the right to enjoy the treatment of work-related injury insurance according to law.

Article 3 The provincial social insurance administrative department is responsible for the work-related injury insurance in the whole province. The social insurance administrative departments of cities and counties (cities, districts) with districts shall be responsible for the work-related injury insurance within their respective administrative areas. Social insurance agencies established by social insurance administrative departments at all levels (hereinafter referred to as agencies) specifically undertake work-related injury insurance affairs.

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

the departments of production safety supervision and management, health, civil affairs, public security, transportation, industry and commerce, housing and urban and rural construction shall, within their respective functions and duties, assist the social insurance administrative department in doing a good job in industrial injury insurance.

article 4 work-related injury insurance shall be combined with accident prevention and vocational rehabilitation.

Employers and employees should abide by the laws and regulations on safe production and occupational disease prevention, implement safety and health regulations and standards, prevent industrial accidents, and avoid and reduce occupational hazards.

the administrative department of social insurance and the handling institution shall establish and improve the work-related injury prevention system, and encourage the insured units to do a good job in work-related injury prevention by evaluating the work-related injury risk of the insured units and adopting measures such as adjusting the rates, so as to reduce the incidence of work-related accidents and occupational diseases.

article 5 the employing unit shall publicize the relevant information about participating in work-related injury insurance within 3 days after the insured payment is made or within 15 days after the insured payment is changed. The publicity content shall include the scope of personnel who enjoy the treatment of work-related injury insurance, the time of participation and the payment.

employees have the right to urge employers to participate in work-related injury insurance and publicize their participation, and the trade union organizations of employers have the obligation to urge employers to participate in work-related injury insurance and publicize their participation.

The employer shall pay the employee's work-related injury insurance benefits before and on the day when the employer pays the insurance premium; Work-related injuries occurred the next day after the insured payment, and their work-related injury insurance benefits shall be paid by the work-related injury insurance fund in accordance with the Regulations and these Measures.

article 6 the employer shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

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.

the employer's payment rate shall be determined by the agency in the overall planning area according to the employer's use of work-related injury insurance premiums, the incidence of work-related injuries, the degree of occupational disease harm, and the industry differential rates and intra-industry rate grades stipulated by the state.

for construction enterprises, small service enterprises and small mining enterprises that are difficult to pay work-related injury insurance premiums according to the total wages of the employer, the payment method of work-related injury insurance premiums shall be implemented in accordance with the relevant regulations of the social insurance administrative department of the State Council.

article 7 the industrial injury insurance fund shall be co-ordinated by the cities divided into districts and the whole city, and gradually by the provincial level.

before the work-related injury insurance fund is unified in the whole province, the provincial-level work-related injury insurance adjustment fund will be established. Provincial work-related injury insurance transfers shall be paid to the provincial agencies by the municipal agencies in each district according to 3% of the actual work-related injury insurance premiums collected in that year, and the provincial agencies shall deposit the above-mentioned funds and 3% of the actual work-related injury insurance premiums collected at the provincial level into the financial special account for management, so as to adjust and solve the expenditure of the fund gap of work-related injury insurance for major accidents in the province and improve the level of protection of work-related injury insurance funds. Specific measures for the collection, management and use of provincial industrial injury insurance transfers shall be formulated by the provincial social insurance administrative department jointly with the provincial finance department and implemented after being approved by the provincial people's government.

the work-related injury insurance fund shall be managed by the budget at the beginning of the year and the final accounts at the end of the year in strict accordance with the provisions of the financial system of the social insurance fund. On a monthly basis, the agency will pay the fund income into the financial account of the social security fund of the financial department at the same level to ensure that the income households have no balance at the end of the month and apply for disbursement of funds in accordance with the regulations.

when collecting work-related injury insurance premiums, the agency shall issue a special receipt for social insurance premium payment in Jiangxi province uniformly printed by the provincial finance department.

Article 8 The industrial injury insurance fund is used to pay the following items:

(1) Medical expenses and rehabilitation expenses for treating industrial injuries;

(2) food subsidies for hospitalization;

(3) transportation and accommodation expenses for medical treatment outside the overall planning area;

(4) expenses for installing and configuring assistive devices confirmed by the labor ability appraisal committee;

(5) Life care expenses confirmed by the labor ability appraisal committee if the life cannot provide for itself;

(6) One-time disability allowance and monthly disability allowance for employees with one to four industrial injuries;

(7) the one-time medical subsidy for work-related injuries that should be enjoyed when the labor contract is terminated or dissolved;

(8) Emergency medical expenses, funeral subsidies, pensions for dependent relatives and one-time subsidies for work-related deaths;

(9) labor ability appraisal fee;

(1) Investigation fee for work-related injury identification;

(11) industrial injury prevention fee;

(12) Vocational rehabilitation fees.

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.

article 9 cities divided into districts shall establish industrial injury insurance fund reserves (hereinafter referred to as reserves). Reserves shall be extracted according to 1% of the total amount of industrial injury insurance funds collected in the current year in the city divided into districts, and accumulated year by year, and will not be extracted when it reaches 2% of the total amount of industrial injury insurance funds in the current year in the overall planning area.

the reserve fund is used for the payment of work-related injury insurance benefits for major accidents in this district. The use of work-related injury insurance reserves shall be put forward by the overall regional agencies, and shall be approved by the municipal social insurance administrative department and the financial department of the city divided into districts and reported to the municipal people's government divided into districts for approval. If the reserve fund is insufficient to pay, it shall be paid by the municipal people's government with districts.

article 1 if an employee suffers an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the law on prevention and control of occupational diseases, the employing unit shall, within 3 days from the date of the accident injury or the date of the diagnosis and identification as an occupational disease, timely submit an application for work-related injury identification to the social insurance administrative department in the overall planning area according to the provisions of the regulations. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.

if the employer fails to apply for work-related injury identification according to the provisions of the preceding paragraph, the injured employee or his close relatives or the trade union organization may directly apply for work-related injury identification to the social insurance administrative department of the overall planning area where the employer is located within one year from the date of the accident injury or the date of diagnosis and identification as an occupational disease.

Article 11 If an employee whose place of registration and place of production and operation of the employing unit are not in the same overall planning area suffers from work-related injuries and has participated in work-related injury insurance, he shall apply to the social insurance administrative department of the insured place for work-related injury identification; Did not participate in work-related injury insurance, apply to the social insurance administrative department of the employer's production and operation place for work-related injury identification.

if an employee is sent to work abroad and his domestic industrial injury insurance relationship has not been suspended, he/she shall apply for industrial injury identification in accordance with the Regulations and these Measures after an industrial injury occurs.

Article 12 An application for work-related injury identification shall submit the following materials:

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

(2) evidence of labor relations (including factual labor relations) with the employer;

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

to file an application for work-related injury identification, in addition to the materials required in the preceding paragraph of this article, you can also submit the existing certification materials of the employer, the relevant administrative organ or the people's court.

Article 13 If an applicant for work-related injury identification applies for work-related injury identification within the time limit stipulated in these Measures, and the application materials provided are complete, the social insurance administrative department shall issue a notice of acceptance within five working days from the date of receiving the application for work-related injury identification. Do not meet the acceptance conditions, the administrative department of social insurance will not accept, and inform the applicant in writing.

if the applicant for work-related injury identification submits an application for work-related injury identification within the time limit stipulated in these measures, but the materials provided are incomplete, the social insurance administrative department shall, within five working days from the date of receiving the application for work-related injury identification, inform the applicant in writing of all the materials that need to be corrected at one time. The administrative department of social insurance shall accept the application for work-related injury identification if the applicant makes corrections as required within 3 days.

Article 14 After accepting the application for work-related injury identification, the social insurance administrative department may investigate and verify the accident injury according to the needs of examination, and the employing unit, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The social insurance administrative department will no longer investigate and verify those who have obtained the occupational disease diagnosis certificate or occupational disease diagnosis appraisal certificate according to law.

when the social insurance administrative department identifies a work-related injury, if the employee or his immediate family members think it is a work-related injury, and the employer does not think it is a work-related injury, the employer shall bear the burden of proof.

the administrative department of social insurance 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 employee who applied for work-related injury identification or his immediate family members and the unit where the employee belongs in writing. Anyone who is identified as a work-related injury or regarded as a work-related injury shall be issued with a Work-related Injury Identification Certificate.

the administrative department of social insurance shall make a decision on work-related injury identification within 15 days of accepting an application with clear facts and clear rights and obligations.

article 15 if an employee suffers from a work-related injury, and after treatment, the injury is relatively stable, and his disability affects his working ability, he shall be appraised for his working ability.

When an employer, an injured worker or his immediate family members apply for labor ability appraisal, they shall provide the following materials to the municipal labor ability appraisal committee with districts:

(1) An application form for labor ability appraisal;

(2) determination of work-related injuries;

(3) discharge summary, medical diagnosis certificate or occupational disease diagnosis certificate (occupational disease diagnosis certificate), work-related injury medical records and medical imaging examination materials issued by medical institutions;

(4) Other relevant certification materials.

if the materials provided by the labor ability appraisal applicant are incomplete, the labor ability appraisal Committee shall inform the applicant in writing of all the materials that need to be supplemented at one time. After the applicant has corrected the materials according to the written notification, the labor ability appraisal committee shall accept it.

the municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 6 days from the date of receiving the application for labor ability appraisal. If necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 3 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time. To reach the level of disability, it shall also issue a "work-related disability certificate" to the injured workers.

article 16 if the employing unit and the injured worker or their close relatives who apply for labor ability appraisal are dissatisfied with the appraisal conclusion, they shall, within 15 days from the date of receiving the appraisal conclusion, submit an application for re-appraisal to the provincial labor ability appraisal Committee and submit the conclusion of the initial appraisal.

The labor ability appraisal committee that made the initial appraisal shall hand over relevant materials to the provincial labor ability appraisal committee.

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

Article 17 The administrative departments of social insurance of provinces and cities divided into districts shall plan, select, demonstrate and publish designated medical institutions, rehabilitation institutions and auxiliary equipment allocation institutions for work-related injuries.

the agencies in the overall planning area are responsible for signing written agreements with designated medical institutions, rehabilitation institutions and auxiliary devices.

Article 18 Employees who treat work-related injuries should seek medical treatment at designated medical institutions for work-related injuries that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid, and the employer shall report to the social insurance agency within two working days. After the injured workers' injuries are relatively stable, the agency will determine whether to transfer to the designated medical institutions for work-related injuries that have signed service agreements to continue treatment.

workers who are injured at work who treat diseases not caused by work-related injuries do not enjoy medical treatment for work-related injuries, and shall be treated according to the basic medical insurance measures.

Article 19 If an injured worker needs to install and configure assistive devices due to his daily life or employment, he/she shall apply, and after being confirmed by the labor ability appraisal committee, he/she shall install and configure the assistive devices at the assistive device configuration institution that signed the service agreement, and the required expenses shall be paid from the industrial injury insurance fund according to the standards stipulated by the state.

Article 2 If an injured worker who can't take care of himself needs nursing during the period of shutdown with pay, the admitted medical institution shall issue a certificate, and the unit to which he belongs shall be responsible for sending someone to take care of him. Where the unit does not send someone to care, the unit shall pay the nursing fee to the injured workers according to the standard of 7% of the average monthly salary of the employees in the last year as a whole.

article 21 if an employee is disabled at work and is identified as one to four levels of disability, the employer and the injured employee shall pay the basic old-age insurance premium and basic medical insurance premium to the statutory retirement age based on disability allowance.

if the disability allowance for workers with work-related injuries is lower than the payment base of basic old-age insurance and basic medical insurance for workers, the payment base shall be implemented in accordance with the relevant provisions of basic old-age insurance and basic medical insurance for workers.

if the actual amount of disability allowance for injured workers is lower than the minimum wage standard in the overall planning area after deducting the payment of basic old-age insurance and basic medical insurance, the difference will be made up by the industrial injury insurance fund.

article 22 if a worker with a level 5-6 work-related injury proposes to dissolve or terminate the labor relationship with the employing unit, or if a worker with a level 7-1 work-related injury terminates the employment contract upon expiration or the worker proposes to dissolve the employment contract, the work-related injury insurance fund will pay a one-time medical subsidy for the work-related injury, and the employing unit will pay a one-time disability employment subsidy.

One-time work-related injury medical subsidy and one-time disability employment subsidy are based on my salary at the time of dissolution or termination of labor relations, in which the one-time work-related injury medical subsidy standards are: my salary of 2 months at level 5, 17 months at level 6, 13 months at level 7, 1 months at level 8, 7 months at level 9 and 4 months at level 1. The standard of one-time disability employment subsidy is: my salary of 32 months in Grade Five, 28 months in Grade Six, 25 months in Grade Seven, 21 months in Grade Eight, 17 months in Grade Nine and 13 months in Grade Ten.

for workers suffering from occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 3% on the basis of the above standards.

If the employees with work-related injuries of Grade 5 to Grade 1 are less than five years away from the statutory retirement age, the one-time disability employment subsidy will be deducted by 1% every year; Less than one year is counted as one year.

Article 23 The employing unit, employees with work-related injuries or their immediate family members shall submit to the agency.