[法律资料]工伤保险条例英文.doc

工伤保险条例Regulation on Work-Related Injury InsurancesPART ONEGENERAL PROVISIONSArticle 1These Regulations are formulated in order to guarantee availability of medical treatment and economic compensation to staff and workers that suffer from work-related accidental injuryoroccupational disease， to promote prevention of work-related injury and vocational rehabilitation， and to distribute work-related injury risks of employers.Article 2All types of enterprises and sole traders that hire workers （Employer（s） shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of the staff and workersorhired workers in their work unit （Employee（s） in accordance with the provisions hereof.The Employees of all types of enterprises and the hired workers of sole traders in the Peoples Republic of China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the provisions hereof.Article 3Collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions in the Collection and Payment of Social Insurance Premiums Tentative Regulations regarding collection and payment of basic old age insurance premiums， basic medical insurance premiums and unemployment insurance premiums.Article 4An Employer shall announce within the work unit the relevant details of its participation in work-related injury insurance.An Employer and its Employees shall abide by the laws and regulations regarding safe production and prevention and treatment of occupational diseases， implement safety and health regulations and standards， prevent occurrence of work-related injury accidents and avoid and mitigate the harms of occupational diseases.If an Employee suffers from work-related injury， the Employer shall adopt measures to ensure that such Employee receives timely rescue and treatment.Article 5The administrative department of labor security of the State Council shall be in charge of the work of work-related injury insurance throughout the country.The administrative departments of labor security of all levels of local peoples governments at the county level and above shall be in charge of work-related injury insurance work within their respective administrative areas.The social insurance agencies established by the administrative departments of labor security in accordance with relevant provisions of the State Council （Agency/Agencies） shall undertake the practical affairs of work-related injury insurance.Article 6Administrative departments of labor security and other departments shall seek the opinion of trade unions and representatives of Employers when formulating policies and standards for work-related injury insurance.PART TWOWORK-RELATED INJURY INSURANCE FUNDSArticle 7Work-related injury insurance funds shall be composed of work-related injury insurance premiums paid by Employers， interest on work-related injury insurance funds and other funds paid into the work-related injury insurance funds in accordance with law.Article 8The premium rate for work-related injury insurance shall be determined on the principles that receipt be determined on the basis of payment and that receipt and payment be balanced.The State shall determine premium rate differentials between industries according to the degree of risks of work-related injuries in different industries， and shall determine several tiers of premium rates within each industry according to circumstances such as the use of work-related injury insurance premiums and the frequency of occurrence of work-related injuries. Inter-industry premium rate differentials and intra-industry premium rate tiers shall be formulated by the administrative department of labor security of the State Council and shall be promulgated and implemented upon approval by the State Council.The Agency for a pooling region shall determine the work unit payable premium rate for an Employer on the basis of such circumstances such as use of work-related injury insurance premiums and frequency of occurrence of work-related injuries of the Employer， and the corresponding premium rate tier applicable to the industry to which the Employer belongs.Article 9The administrative department of labor security of the State Council shall periodically obtain the details of receipt and payment of work-related injury insurance funds of all pooling regions throughout the country， and shall propose adjustment to the inter-industry premium rate differentials and the intra-industry premium rate tiers in a timely manner. Such adjustment shall be promulgated and implemented upon approval by the State Council.Article 10Employers shall pay work-related injury insurance premiums on time. Employees shall not pay work-related injury insurance premiums themselves.The amount of work-related injury insurance premium payable by an Employer shall be the product of the total payroll of the Employees of the work unit and the work unit payable premium rate.Article 11Work-related injury insurance funds shall be gradually handled and coordinated at provincial level.An inter-region industryoran industry with a relatively high level of production mobility may participate from another region in work-related injury insurance in a pooling region by adopting a method of relative concentration. The specific procedures shall be formulated by the administrative department of labor security of the State Council in conjunction with the department in charge of the relevant industry.Article 12Work-related injury insurance funds shall be deposited into a dedicated finance account for social security funds for benefits of work-related injury insurance， assessment of work capability and payment of other expenses for work-related injury insurance stipulated herein. No work unitorindividual may use the work-related injury insurance funds for investment and operation， constructionorrenovation of office site， distribution of bonuses，ordivert such funds to other uses.Article 13A certain ratio of work-related injury insurance funds shall be maintained as reserves for payment of work-related injury insurance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves， the peoples government of the pooling region shall advance the payment. The specific ratio of reserves to the total amount of funds and the procedures for the use of reserves shall be stipulated by the peoples governments of provinces， autonomous regionsormunicipalities directly under the central government.PART THREEDETERMINATION OF WORK-RELATED INJURYArticle 14An Employee shall be determined as having a work-related injury if：1. he is injured in an accident at work during working hours in the workplace；2. he is injured in an accident while engaging in preparatoryorfinishing-up work related to work beforeorafter working hours in the workplace；3. he is injured by violenceorin other accident in his performance of job duties during working hours in the workplace；4. he suffers from an occupational disease；5. he is injured at workorhis whereabouts became unknown in an accident， during work-related travel；6. he is injured in a motor vehicle accident while going toorreturning from work； or7. he is in other circumstances that shall be determined as work-related injury according to the provisions of laws and administrative regulations.Article 15An Employee shall be deemed as having a work-related injury if：1. he dies immediatelyorwithin 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace；2. he is injured in an act to protect national interestsorpublic interests such as emergency rescue and disaster relief； or3. he is injured and disabled in waroron duty while in military service and has obtained a revolutionary injured and disabled soldier certificate， and suffers from a relapse of the old injury while being employed by the Employer.Where an Employee is in the circumstance of Item （1）or（2） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions hereof. Where an Employee is in the circumstance of Item （3） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits other than the lump sum disability allowance in accordance with the relevant provisions hereof.Article 16An Employee shall not be determinedordeemed as having work-related injury if：1. he is injuredorhe dies as a result of commission of crimeorviolation of public security administration；2. he is injuredorhe dies as a result of intoxication； or3. he inflicts harm on himselforcommits suicide.Article 17If an Employee is injured in an accidentordiagnosedorcertified as having occupational disease pursuant to the provisions of the Prevention and Treatment of Occupational Diseases Law， his work unit shall file an application for determination of work-related injury to the administrative department of labor security of the relevant pooling region within 30 days of the date of occurrence of the accidental injuryorthe date of diagnosisorcertification of the occupational disease. In special circumstances， the time limit for application may， subject to the consent of the administrative department of labor security， be extended as appropriate.If the Employer fails to file an application for determination of work-related injury pursuant to the preceding paragraph， the Employee with work-related injury， his directly-related family membersorthe tradeunionmay directly file an application for determination of work-related injury to the administrative department of labor security of the pooling region in which the Employer is located within one year of the date of occurrence of the accidental injuryorthe date of diagnosisorcertification of the occupational disease.Matters concerning the determination of work-related injury that is required under the first paragraph of this Article to be conducted by the administrative department of labor security at the provincial level shall be handled by the administrative department of labor security of a municipality having districts in which the Employer is located according to the principle of jurisdiction.If the Employer fails to file an application for determination of work-related injury within the time limit prescribed in the first paragraph of this Article， the relevant expenses such as the work-related injury benefits that comply with the provisions hereof arising during this period shall be borne by the Employer.Article 18When filing an application for determination of work-related injury， the following materials shall be submitted：1. an application for determination of work-related injury；2. the evidential materials of labor relationship with the Employer （including de facto labor relationship）； and3. a certificate of medical diagnosisora certificate of diagnosis of occupational disease （or an assessment of diagnosis of occupational disease）。The application for determination of work-related injury shall include the basic details of the accident such as the time and place of occurrence， the cause of the accident and the degree of injury to the Employee.If the materials provided by the applicant for determination of work-related injury are incomplete， the administrative department of labor security shall notify the applicant of all the materials that need to be supplemented in a one-time written notice. After the applicant has supplemented the materials as required by the written notice， the administrative department of labor security shall accept the application.Article 19After the administrative department of labor security has accepted an application for determination of work-related injury， it may investigate and verify the accident and injury as required in examining and verifying the application， and the Employer， Employee， trade union， medical institution and other relevant departments shall provide assistance. Assessment of diagnosis of occupational disease and diagnosis dispute shall be handled in accordance with the relevant provisions of the Prevention and Treatment of Occupational Diseases Law. The administrative department of labor security shall not carry out further investigationorverification on certificates of diagnosis of occupational diseaseorassessment of diagnosis of occupational disease that are obtained in accordance with the law.Where an injury is considered as work-related by the Employeeorhis directly-related family members but not by the Employer， the burden of proof shall be borne by the Employer.Article 20The administrative department of labor security shall render a decision on determination of work-related injury within 60 days of the date of acceptance of the application for determination of work-related injury， and shall notify the Employee applying for determination of work-related injuryorhis directly-related family members and his work unit in writing.Decisions on determination of work-related injury by the administrative department of labor security shall be given within 15 days to clearly defined claims. The decision on determination of work-related injury shall be terminated when it requires to be based upon conclusions drawn by judicial authorities or relevant administrative organs which failed to do as of yet. Where the personnel of the administrative department of labor security has a material interest in the applicant for determination of work-related injury， he shall withdraw from the case.PART FOURASSESSMENT OF WORK CAPABILITYArticle 21If an Employee suffers from a work-related injury and he is in stable condition after treatment but has disabilityorhis work capability is affected， the Employee shall undergo an assessment of work capability.Article 22An assessment of work capability is an assessment of the degree of impairment in work functions and the ability to self-care.Impairment in work functions is classified into ten disability classes， from class one， the most severe， to class ten， the mildest.Impairment in the ability to self-care is classified into three classes： total self-care disability， substantial self-care disability and partial self-care disability.Standards for assessment of work capability shall be formulated by the administrative department of labor security of the State Council in conjunction with the health administrative department and other departments of the State Council.Article 23Applications for assessment of work capability shall be filed by the Employer， the Employee with work-related injuryorhis directly-related family members to Municipal Committee of Work Capability Appraisal， and the decision on determination of work-related injury and the information relevant to the medical treatment of the work-related injury of the Employee shall be provided.Article 24The assessment of work capability committee of provinces， autonomous regions， municipalities directly under the central government and municipalities shall be composed of representatives of the administrative department of labor security， personnel administrative department， health administrative department， trade unions， Agencies and Employers of provinces， autonomous regions， municipalities directly under the central government and municipalities respectively.The assessment of work capability committee shall set up a pool of medical and health experts. Medical and health professional technicians included in the expert pool shall satisfy the following conditions：1. possessing the qualifications for a senior technical position in the medicalorhealth profession；2. possessing the relevant knowledge for assessment of work capability； and3. Having good professional ethics.Article 25After Municipal Committee of Work Capability Appraisal has received an application for assessment of work capability， it shallselectthreeorfive relevant medical and health experts at random from its expert pool to form an expert panel， which shall provide an assessment opinion. Municipal Committee of Work Capability Appraisal shall render an assessment of work capability conclusion in regards to the Employee with work-related injury on the basis of the assessment opinion of the expert panel. Where necessary， it may entrust a qualified medical institution to assist in the relevant diagnosis.Municipal Committee of Work Capability Appraisal shall render an assessment of work capability conclusion within 60 days of the date of receipt of the application for assessment of work capability. The time limit for rendering an assessment of work capability conclusion may be extended for 30 days if necessary. The assessment of work capability conclusion shall be served in a timely manner on the work unit and individual that applies for assessment.Article 26If the work unitorindividual that applies for assessment is dissatisfied with the assessment conclusion of Municipal Committee of Work Capability Appraisal, the work unitorindividual may， within 15 days of the date of receipt of the assessment conclusion， apply to the assessment of work capability committee of the province， autonomous regionormunicipality directly under the central government for a reassessment. The assessment of work capability conclusion of the assessment of work capability committee of the province， autonomous regionormunicipality directly under the central government shall be final.Article 27Assessment of work capability shall be objective and impartial. If any member of the assessment of work capability committeeorexpert participating in the assessment has a material interest in the party， he shall withdraw from the assessment.Article 28