In order to ensure that employees get medical treatment and economic compensation after suffering from accidents or occupational diseases at work, and disperse the risk of work-related injuries of employers, these measures are formulated according to the Regulations of the State Council on Work-related Injury Insurance (hereinafter referred to as the Regulations) and combined with the actual situation of this province.

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Within the administrative region of this province, all kinds of enterprises and individual industrial and commercial households with employees (hereinafter referred to as employers) and their employees or employees (hereinafter referred to as employees) shall be governed by the Regulations and these Measures.

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The collection and payment of work-related injury insurance premiums shall be implemented in accordance with the Regulations of Jiangsu Province on the Collection and Payment of Social Insurance Fees.

Article 4

The employing unit shall pay work-related injury insurance premiums for all employees of the unit. The employer shall submit the list of insured employees to the social insurance agency (hereinafter referred to as the agency) to declare and pay the work-related injury insurance premium, and the agency shall keep it after verification.

Article 5

The administrative department of labor and social security, the labor ability appraisal committee and the agency shall strengthen the construction of information network, realize resource sharing and information exchange, and establish a unified and standardized industrial injury insurance information processing system in the whole province.

Article 6

Work-related injury insurance handling funds and business funds required for work-related injury identification are included in the departmental budget of the same fiscal year.

Article 7

The industrial injury insurance fund is co-ordinated by the city level and the counties (cities) with districts. Conditional place, according to the relevant provisions of the state, and gradually incorporated into the overall planning of the city.

Article 8

The industrial injury insurance fund shall be deposited in the financial special account of the social security fund, and the management of revenue and expenditure shall be carried out separately.

Article 9

The work-related injury insurance fund implements the reserve system. The overall planning area shall transfer 20% of the total work-related injury insurance premium collected monthly to the special reserve account. When the reserve fund reaches the total payment of various industrial injury insurance expenses in the previous year, it will not be withdrawn. If there is a balance in the industrial injury insurance fund, the reserve fund shall be drawn from the balance first, and the insufficient part shall be drawn from the fund according to the regulations.

The reserve is used for the payment of work-related injury insurance benefits for major casualty accidents, as well as the part that the work-related injury insurance fund cannot pay in that year. If the reserve fund is insufficient to pay, it shall be paid in advance by the people's government of the overall planning area. The use of reserves must be approved by the people's government of the overall planning area and reported to the administrative department of labor security at the next higher level for the record.

Article 10

If the employing unit, employees with work-related injuries or their immediate family members fail to apply for work-related injury identification in accordance with the regulations, the trade union organization may directly apply for work-related injury identification to the administrative department of labor and social security in the co-ordination area where the employing unit is located within 1 year.

Article 11

If the materials provided by the applicant are incomplete, the administrative department of labor and social security shall inform the applicant in writing of all the materials that need to be corrected on the spot or within 15 working days.

The administrative department of labor and social security shall make an acceptance decision within 7 working days from the date when the applicant submits all the corrected materials as required.

Article 12

If the applicant does not have the qualification to apply or the application for work-related injury identification exceeds the prescribed time limit, the administrative department of labor security shall not accept it.

Article 13

The administrative department of labor and social security shall, within 7 working days from the date of receiving the application for work-related injury identification, make a decision on whether to accept it, inform the applicant in writing and explain the reasons.

Article 14

After accepting the application for ascertainment of a work-related injury, the administrative department of labor security may require the employer, employees or their immediate family members to submit relevant evidential materials.

If an employee or his immediate family members think that it is a work-related injury, and the employer does not think that it is a work-related injury and fails to provide evidence within the time limit without justifiable reasons, the administrative department of labor security may make a conclusion on the determination of work-related injury according to law based on the evidence provided by the employee or his immediate family members.

Article 15

After accepting the application for work-related injury identification, the administrative department of labor security may suspend the work-related injury identification under any of the following circumstances:

(1) It needs to be based on the conclusion of the relevant department on the corresponding accident, but the relevant department has not yet made a conclusion;

(two) due to force majeure, it is difficult to identify work-related injuries;

(three) other circumstances that need to be suspended as stipulated by laws, regulations and rules.

If the work-related injury identification is suspended, it shall serve a Notice of Suspension of Work-related Injury Identification on the applicant. If the disappearance is suspended, the procedures for determining work-related injuries shall be resumed. The time to suspend the work-related injury identification is not included in the work-related injury identification period.

Article 16

After accepting the application for work-related injury identification, the administrative department of labor security shall terminate the work-related injury identification if it does not meet the acceptance conditions.

If the work-related injury identification is terminated, the applicant shall be served with the Notice of Termination of Work-related Injury Identification.

Article 17

The administrative department of labor and social security shall inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law when deciding not to accept or terminate the work-related injury identification.

Article 18

The labor ability appraisal committee shall establish a medical and health expert database, and implement the employment system for the experts included in the medical and health expert database. The specific measures shall be formulated by the provincial labor ability appraisal committee.

Article 19

Workers with work-related injuries are disabled and their working ability is affected after treatment. Employers, employees with work-related injuries or their immediate family members shall apply for labor ability appraisal to the municipal labor ability appraisal committee with districts, fill in the application form for labor ability appraisal, and submit the following materials:

(1) Identity certificate;

(two) the decision on the determination of work-related injuries;

(three) medical records, discharge records, occupational disease diagnosis certificate and other materials.

To apply for re-inspection and re-appraisal, the conclusion of the last appraisal shall be submitted in addition to the above materials.

Article 20

The labor ability appraisal fee and the necessary medical examination fee in the appraisal process shall be paid by the industrial injury insurance fund if they participate in industrial injury insurance; Those who have not participated in work-related injury insurance shall be paid by the employer.

Article 21

When workers suffer from accidents or occupational diseases due to work, the employing unit shall take measures to make the injured workers receive timely treatment.

After an employee is recognized as a work-related injury or regarded as a work-related injury, the medical expenses that meet the scope of payment by the work-related injury insurance fund shall be paid by the work-related injury insurance fund.

Article 22

The leave period of work-related injuries shall be subject to the leave certificate issued by the medical institution that signed the medical service agreement for work-related injuries. Leave without pay 12 months or more shall be confirmed by the labor ability appraisal Committee.

During the period of paid shutdown, the employer shall not terminate or terminate the labor relationship with the injured workers. Except as otherwise provided by laws and regulations.

Article 23

If it is difficult for an injured worker who has been identified as a five-level or six-level disability to arrange work again after returning to work for a period of time, the employer will calculate the disability allowance according to his salary when it is difficult to arrange work; If it is difficult to arrange work, if my salary is lower than the salary at work injury, the salary at work injury shall be taken as the base.

Article 24

Workers with work-related injuries are identified as five to ten levels of disability. In accordance with the provisions of the Regulations, they terminate or terminate the labor relationship with the employer, and the employer pays a one-time work-related injury medical subsidy and disability employment subsidy. The standard is:

(a) a one-time medical subsidy for work-related injuries. According to the difference between the average life expectancy of the local population and the age at the time of dissolution and termination of labor relations, the average salary of local employees is 1.4 months for each full year; Grade 6, the average salary of local employees is paid to 1.2 months every full year; Grade seven, the average salary of local employees is paid to 1 month every full year; Eight, every full year to 0.8 months the average wage of local workers; Grade 9, the average salary of local employees is 0.4 months every full year; Ten, every full year to the local average wage of 0.2 months. Less than one year, according to one year.

For employees suffering from occupational diseases, the one-time medical subsidy for work-related injuries is increased by 40% on the basis of the above standards.

(two) a one-time disability employment subsidy. Based on the average salary of local employees, according to the disability level and the age at the time of dissolution and termination of labor relations, one-time disability employment subsidy will be paid 1-36 months respectively;

Unit: monthly grade

Five, six, seven, eight, nine and ten years old.

Under 20 years old 36 30 24 18 12 6

20-30 years old 30 25 20 15 10 5

30-40 years old 24 20 16 12 8 4

40-50 years old 18 15 12 9 6 3

50-55 years old 12 108 6442

55-60 years old 6 5 4 3 2 1

Note: 20-30 years old, inclusive, excluding 30 years old, and so on.

(III) The base of one-time work-related injury medical subsidy and disability employment subsidy The average salary of local employees is the average salary of local employees in the previous year when the labor relationship is dissolved or terminated.

The work-related injury insurance relationship will be terminated after the injured workers receive the one-time work-related injury medical subsidy and disability employment subsidy.

Article 25

One-time work-related injury and disability allowance, one-to-four-level work-related injury and disability allowance, and living nursing expenses will be paid from the next month after the conclusion of labor ability appraisal is made.

Funeral allowance for work-related death and one-time work-related death allowance are paid from the month of death; The pension for dependent relatives shall be paid from the month following the death.

Article 26

Disability allowance, pension for dependent relatives, and living nursing expenses shall be adjusted by the administrative department of labor and social security in the overall planning area every July 1 day according to the increase of local average wages of employees in the previous year and the increase of consumer price level in the previous year announced by the statistics department.

The adjustment range of disability allowance, dependent relatives' pension and life care fee is the sum of 70% of the average wage increase of local employees in the previous year and 30% of the increase of consumer price level, that is, the calculated amount after adjustment = the calculated amount before adjustment ×( 1+ the average wage increase of employees ×70%+ the increase of consumer price level ×30%). When the average wage increase of employees or the increase of consumer price level is negative, it will be replaced by 0.

Article 27

If an employee suffers a work-related injury again, he shall assess the disability level of the new injury, and enjoy a one-time disability allowance according to the disability level assessed by the new injury and his salary when he suffers a work-related injury again; If the disability grade assessed by the combination of new injuries and old injuries meets the monthly treatment of work-related injury insurance, I will enjoy the relevant treatment of work-related injury insurance according to the disability grade assessed by the combination and my salary when I work again.

Article 28

When the employing unit goes bankrupt, cancels or disbands to realize assets, dispose of land and distribute net assets, it shall give priority to solving the related expenses of employees with work-related injuries. Payment of work-related injury insurance premiums and work-related injury benefits shall be handled in the following ways:

(a) when one to four injured workers reach the statutory retirement age, the basic medical insurance premium that the unit should pay shall be allocated to the agency in one lump sum and included in the basic medical insurance fund;

(two) five or six injured workers, in accordance with the provisions of article twenty-fourth of the standard 120% to their one-time work-related injury medical subsidies and disability employment subsidies, work-related injury insurance relationship terminated;

(3) Employees with work-related injuries ranging from level 7 to level 10 shall be given a one-time work-related injury medical subsidy and disability employment subsidy according to the standard of 1 10% as stipulated in Article 24 of these Measures, and the work-related injury insurance relationship shall be terminated.

Article 29

Where the employing unit is divided, merged or transferred, and the injured employee is not transferred to the successor unit, the relevant expenses of the injured employee shall be arranged from the realized income of the effective assets of the original employing unit in accordance with the provisions of Article 28 of these Measures.

If the employing unit is divided, merged or transferred, and the injured workers are transferred to the successor unit, the successor unit shall bear the responsibility of the original employing unit for work-related injury insurance; If the original employer has participated in work-related injury insurance, the successor unit shall go to the local agency to register the change of work-related injury insurance.

Article 30

The employing unit carries out contract management, and if the contractor who uses the laborer does not have the qualification of employing unit, the employing unit with the qualification of employing unit shall bear the responsibility of industrial injury insurance. Unless otherwise stipulated by the state.

Article 31

If the employer arranges employees to work in other units in accordance with the labor contract or through consultation with the workers, the employer shall bear the responsibility of work-related injury insurance, but the employer and other units may agree on compensation methods.

If the employees of the employing unit are not assigned to other employing units (hereinafter referred to as actual employing units), the actual employing unit shall pay the treatment of work-related injury insurance in accordance with the items and standards stipulated in the Regulations and these Measures.

If a part-time employee is employed by more than two employers, each employer shall pay work-related injury insurance premiums for him. If an employee is injured at work, the employer who works for him at the time of work-related injury shall bear the responsibility of work-related injury insurance.

Article 32

The employing unit shall participate in work-related injury insurance in accordance with the Regulations and these Measures, but fails to participate, or the payment is interrupted after participating in work-related injury insurance. During the period of not participating in work-related injury insurance or interrupting payment, all work-related injury insurance benefits for workers with work-related injuries shall be paid by the employer in accordance with the items and standards stipulated in the Regulations and these Measures. After the employer pays the work-related injury insurance premium in full according to the regulations, the work-related injury insurance benefits that the employees continue to enjoy shall be paid by the work-related injury insurance fund and the employer in accordance with the items and standards stipulated in the Regulations and these Measures.

Article 33

If the employing unit violates the provisions of Article 32 of these measures and fails to pay all kinds of work-related injury insurance benefits for workers with work-related injuries according to law, the administrative department of labor security shall order it to make corrections within a time limit; Refuses to correct, punishable by a fine of two thousand yuan and ten thousand yuan.

Article 34

If the place of registration of the employer and the place of production and operation are not in the same overall planning area, in principle, the employer 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. After employees are injured by accidents or suffer from occupational diseases, they shall be identified as work-related injuries and appraised for their ability to work in the insured place, and enjoy the treatment of work-related injury insurance in accordance with the provisions of the insured place.

Where the employer's place of registration is not in the same overall planning area as the place of production and business operation, and neither the place of registration nor the place of production and business operation has participated in work-related injury insurance, after the worker is injured by an accident or suffers from an occupational disease, it shall carry out work-related injury identification and labor ability appraisal in the place of production and business operation, and the employer shall pay work-related injury insurance benefits in accordance with the provisions of the place of production and business operation.

Article 35

If an employee is identified as a work-related injury or regarded as a work-related injury, the administrative department of labor and social security shall issue an employee's work-related injury certificate as a certificate to enjoy the treatment of work-related injury insurance. "Worker's Work Injury Certificate" is uniformly printed by the provincial labor security administrative department.

Article 36

The term "my salary" as mentioned in these Measures shall be calculated from the time when it is difficult to arrange work, except in the circumstances stipulated in Article 23 of these Measures. Calculated from the time when the injured employee suffered an accident injury due to work or was diagnosed and identified as an occupational disease, it is the average monthly payment salary for the first 12 months. Less than 12 months, calculated according to the actual average monthly salary; If it is less than 1 month, it shall be calculated according to the average monthly payment salary of the employees of the employer. If my salary is higher than 300% of the average wage of employees in the same period as a whole, it shall be calculated according to 300% of the average wage of employees in the same period as a whole; If my salary is lower than 60% of the average salary of employees in the same period as a whole, it shall be calculated according to 60% of the average salary of employees in the same period as a whole.

Article 37

Before the implementation of these measures, if the standard for employees to enjoy work-related injury insurance benefits on a monthly basis is lower than the provisions of the Regulations and these measures, it shall be implemented in accordance with the standards stipulated in the Regulations and these measures from the date of implementation of the Regulations, and the lower part that has been issued before shall not be recovered.

Article 38

Before the implementation of the "Regulations", employees who were injured by accidents or suffered from occupational diseases did not belong to the situation stipulated in Article 64 of the "Regulations" and did not enjoy work-related injury treatment. Within one year from the date of implementation of these measures, employees or their immediate family members may provide the administrative department of labor and social security with the materials when the work-related injury occurred, and apply for work-related injury identification. The identification of work-related injuries shall be carried out in accordance with the relevant provisions of the state and province at the time of accident injury or occupational disease diagnosis and appraisal. The specific measures for enjoying the treatment of work-related injuries shall be formulated by the Municipal People's Government with districts.

Article 39

Before the implementation of the "Regulations", employees have enjoyed work-related injury treatment, but they are not included in the management of work-related injury insurance, which should be included in the unified management of work-related injury insurance. The specific measures shall be formulated by the municipal people's government with districts.