工伤保险条例(英文)

1、Work-related Injury Insurance Regulations 国务院令第 375 号( Promulgated by the State Council on 27 April 2003 and effective as of 1 January 2004. ) 颁布日期： 20030427 实施日期： 20040101 颁布单位：国务院PART ONE GENERAL PROVISIONSArticle 1 These Regulations are formulated in order to guarantee availability of medical tre

2、atment and economic compensation to staff and workers that suffer from work-related accidental injury or occupational disease， to promote prevention of work-related injury and vocational rehabilitation ， and to distribute work-related injury risks of employers.Article 2 All types of enterprises and

3、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 workers or hired workers in their work unit( Employee( s) in accordancewith the provisions hereof.The Employees of all types of ent

4、erprises and the hired workers of sole traders in the Peoples Republic of China shall have the right to enjoy the benefits of work-related injuryinsurance inaccordance with the provisions hereof.The specific steps and implementing procedures for participation of sole traders that hire workers in wor

5、k-related injury insurance shall be stipulated by the peoples governments of provinces ， autonomous regions and municipalities directly under the central government.Article 3 Collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions in th

6、e 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 4 An Employer shall announce within the work unit the relevant details of it

7、s participation in work-related injury insurance.An Employer and its Employees shall abide by the laws and regulations regarding safeimplement safety and healthproduction and prevention and treatment of occupational diseases ，regulations and standards，prevent occurrence of work-relatedinjury acciden

8、ts and avoid andmitigate 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 5 The administrative department of labour security of the State Council shall be i

9、n charge of the work of work-related injury insurance throughout the country.The administrative departments of labour 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 area

10、s.The social insurance agencies established by the administrative departments of labour security in accordance with relevant provisions of the State Council( Agency/Agencies ) shallundertake the practical affairs of work-related injury insurance.Article 6 Administrative departments of labour securit

11、y 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 TWO WORK-RELATED INJURY INSURANCE FUNDSArticle 7 Work-related injury insurance funds shall be composed of work-related injury

12、 in sura nee premiums paid by Employers , in terest on work-related injury in sura nee funds and other funds paid into the work-related injury in sura nee funds in aeeorda nee with law.Article 8 The premium rate for work-related injury in sura nee shall be determ ined on the prineiples that reeeipt

13、be determined on the basis of payment and that reeeipt and payment be bala need.The State shall determine premium rate differentials between industries aeeording to the degree of risks of work-relat ed injuries in differe nt in dustries , and shall determ ine several tiers of premium rates with in e

14、aeh in dustry aeeord ing to eireumsta nces sueh as the use of work-related injury in sura nee premiums and the freque ncy of oeeurre nee of work-related injuries. Inter-in dustry premium rate differe ntials and intra-industry premium rate tiers shall be formulated by the administrative department of

15、 labour seeurity of the State Council in eonjunetion with the finance department, health adm ini strative departme nt and safe produeti on regulatory departme nt of the State Council , and shall be promulgated and impleme nted upon approval by the State Coun eil.The Agency for a pooling region shall

16、 determine the work unit payable premium rate for an Employer on the basis of sueh eireumsta nces sueh as use of work-related injury in sura nee premiums and frequency of oeeurrenee of work-related injuries of the Employer, and the eorresponding premium rate tier applicable to the industry to which

17、the Employer belongs.Article 9 The administrative department of labour seeurity of the State Council shall periodically obta in the details of reeeipt and payme nt of work-related injury in sura nee funds of all pooling regions throughout the country, and shall propose adjustment to the inter-indust

18、ry premium rate differentials and the intra-industry premium rate tiers in a timely manner and in eonjunction with the finance department ,health administrative department and safe produetionregulatory department of the State Couneil. Sueh adjustment shall be promulgated and impleme nted upon approv

19、al by the State Coun eil.Article 10 Employers shall pay work-related injury in sura nee premiums on time. Employees shall not pay work-related injury in sura nee premiums themselves.The amount of work-related injury in sura nee premium payable by an Employer shall be the product of the total payroll

20、 of the Employees of the work unit and the work unit payable premium rate.Article 11 Work-related injury in sura nee funds in mun icipalities directly un der the cen tral government and munieipalities having districts shall be pooled on a munieipality-wide basis. The level of pooli ng in other regi

21、ons shall be determ ined by the peoples gover nment of the prov ince or aut onom ous regi on.An in ter-regio n in dustry or an in dustry with a relatively high level of produeti on mobility may participate from ano ther regi on in work-related injury in sura nee in a pooli ng regi on by adopti ng a

22、method of relative concen trati on. The specific procedures shall be formulated by the administrative department of labour seeurity of the State Council in eonjunetion with the departme nt in charge of the releva nt in dustry.Article 12 Work-related injury in sura nee funds shall be deposited into a

23、 dedicated finance aeeo unt for social seeurity funds for ben efits of work-related injury in sura nee,assessme ntofwork capability and payme nt of other expe nses for work-related injury in sura nee stipulated herei n. No work un it or in dividual may use the work-related injury in sura nee funds f

24、or in vestme nt and operati on, con struct ion or reno vati on of office site , distributi on of bonu ses , or divert sueh funds to other uses.Article 13 A certa in ratio of work-related injury in sura nee funds shall be mai ntai ned as reserves for payme nt of work-related injury in sura nee ben ef

25、its in the eve nt of major aeeide nts in the pooling region. In ease of a shortage of reserves, the peoples government of the pooling region shall advanee the payment. The speeifie ratio of reserves to the total amount of funds and the proeedures for the use of reserves shall be stipulated by the pe

26、oples governments of provinces ,autonomous regions or munieipalities direetly under the central government.PART THREE DETERMINA TION OF WORK-RELATED INJURYArticle 14 An Employee shall be determ ined as hav ing a work-related injury if:1. he is injured in an aeeide nt at work duri ng working hours in

27、 the workplace ;2. he is injured in an aeeide nt while en gagi ng in preparatory or finishin g-up work related to work before or after worki ng hours in the workplace ;3. he is injured by violenee or in other aeeident in his performanee of job duties during working hours in the workplace ;4. he suff

28、ers from an occupati onal disease ；5. he is injured at work or his whereabouts became unknown in an aeeident,duringwork-related travel ；6. he is injured in a motor vehicle aeeide nt while going to or returni ng from work ; or7. he is in other eireumsta nces that shall be determ ined as work-related

29、injury accord ing to the provisi ons of laws and adm ini strative regulati ons.Article 15 An Employee shall be deemed as havi ng a work-related injury if :1. he dies immediately or within 48 hours after emergeney treatment for a disease suddenly aris ing duri ng work ing hours in the workplace ;2. h

30、e is injured in an act to protect n ati onal in terests or public in terests such as emerge ncy rescue and disaster relief; or3. he is injured and disabled in war or on duty while in military service and has obta ined a revolutionary injured and disabled soldier certificate , and suffers from a rela

31、pse of the old injury while being employed by the Employer.Where an Employee is in the eireumsta nee of Item (1) or (2) of the precedi ng paragraph, he shall be en titled to work-related injury in sura nee ben efits in accorda nee with the releva nt provisions hereof. Where an Employee is in the eir

32、eumstanee of Item (3)of the precedingparagraph, he shall be en titled to work-related injury in sura nee ben efits other tha n the lump sum disability allowa nee in accorda nee with the releva nt provisi ons hereof.Article 16 An employee shall not be determ ined or deemed as havi ng work-related inj

33、ury if:1. he is injured or he dies as a result of commissi on of crime or violati on of public security adm ini strati on ；2. he is injured or he dies as a result of intoxication ； or3. he in flicts harm on himself or commits suicide.Article 17 If an Employee is injured in an aeeident or diagnosed o

34、r certified as having occupatio nal disease pursua nt to the provisi ons of the Preven ti on and Treatme nt of Occupati onal Diseases Law, his work un it shall file an applicati on for determ in ati on of work-related injury to the admi nistrative departme nt of labour security of the releva nt pool

35、i ng regi on within 30 days of the date of occurre nee of the accide ntal injury or the date of diag no sis or certificati on of the occupational disease. In special circumstances, the time limit for application may , subject to the consent of the administrative department of labour security , be ex

36、tended as appropriate.If the Employer fails to file an applicati on for determ in ati on of work-related injury pursua nt to the precedi ng paragraph, the Employee with work-related injury , his directly-related family members or the trade union may directly file an applicati on for determ in atio n

37、 of work-related injury to the administrative department of labour security of the pooling region in which the Employer is located with in one year of the date of occurre nee of the accide ntal injury or the date of diag no sis or certificati on of the occupatio nal disease.Matters concerning the de

38、term in ati on of work-related injury that is required un der the first paragraph of this Article to be con ducted by the adm ini strative departme nt of labour security at the provincial level shall be handled by the administrative department of labour security of a municipality having districts in

39、 which the Employer is located according to the principle of jurisdict ion.If the Employer fails to file an applicatio n for determ in ati on of work-related injury with in the time limit prescribed in the first paragraph of this Article , the releva nt expe nses such as the work-related injury ben

40、efits that comply with the provisi ons hereof aris ing duri ng this period shall be borne by the Employer.Article 18 When fili ng an applicati on for determ in ati on of work-related injury , the following materials shall be submitted :1. an applicati on for determ in ati on of work-related injury ;

41、2. the evide ntial materials of labour relati on ship with the Employer(in cludi ng de factolabour relati on ship ) ； and3. a certificate of medical diag no sis or a certificate of diag no sis of occupati onal disease(oran assessme nt of diag no sis of occupati onal disease)。The applicati on for det

42、erm in ati on of work-related injury shall in clude the basic details of the accident such as the time and place of occurrenee , the cause of the accident and the degree of injury to the Employee.If the materials provided by the applica nt for determ in ati on of work-related injury are in complete,

43、 the adm ini strative departme nt of labour security shall no tify the applica nt of all the materials that need to be supplemented in a one-time written notice. After the applicant has suppleme nted the materials as required by the writte n no tice , the adm ini strative departme nt of labour secur

44、ity shall accept the applicatio n.Article 19 After the administrative department of labour security has accepted an applicati on for determ in ati on of work-related injury ,it may in vestigate and verify the accide ntand injury as required in examining and verifying the application , and the Employ

45、er , Employee, trade union, medical in stituti on and other releva nt departme nts shall provide assista nee. Assessme nt of diag no sis of occupati onal disease and diag no sis dispute shall be han dled in accorda nee with the releva nt provisi ons of the Preven ti on and Treatme nt of Occupati ona

46、l Diseases Law. The administrative department of labour security shall not carry out further in vestigati on or verificati on on certificates of diag no sis of occupati onal disease or assessme nt of diag no sis of occupatio nal disease that are obta ined in accorda nee with the law.Where an injury

47、is con sidered as work-related by the Employee or his directly-related family members but not by the Employer , the burden of proof shall be borne by the Employer.Article 20 The administrative department of labour security shall render a decision on determ in ati on of work-related injury with in 60

48、 days of the date of accepta nee of the applicati on for determ in ati on of work-related injury , and shall no tify the Employee appl ying for determ in ati on of work-related injury or his directly-related family members and his work un it in writ in g.Where the personnel of the administrative dep

49、artment of labour security has a material in terest in the applica nt for determ in ati on of work-related injury , he shall withdraw from the case.PART FOUR ASSESSMENT OF WORK CAPABILITYArticle 21 If an Employee suffers from a work-related injury and he is in stable con diti on after treatme nt but

50、 has disability or his work capability is affected, the Employee shall un dergoan assessme nt of work capability.Article 22 An assessme nt of work capability is an assessme nt of the degree of impairme nt in work functions and the ability to self-care.Impairment in work functions is classified into

51、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

52、 be formulated by the administrative departme nt of labour security of the State Council in conj unction with the health admi nistrative departme nt and other departme nts of the State Coun cil.Article 23Applicati ons for assessme nt of work capability shall be filed by the Employer ,the Employee wi

53、th work-related injury or his dire ctly-related family members to the assessment of work capability committee of a municipality hav ing districts ,and the decisi on on determ in ati on of work-related injury and the in formatio nreleva nt to the medical treatme nt of the work-related injury of the E

54、mployee shall be provided.Article 24 The assessment of work capability committee of provinces ,autonomousregi ons,muni cipalities directly un der the cen tral gover nment and muni cipalities havi ng districtsshall be composed of representatives of the administrative department of labour security , p

55、ersonnel administrative department, health administrative department , trade unions, Agencies and Employers of provinces , autonomous regions , municipalities directly under the central government and municipalities having districts respectively.The assessment of work capability committee shall set

56、up a pool of medical and health experts. Medical and health professi onal tech nicians in cluded in the expert pool shall satisfy the following conditions :1. possessing the qualifications for a senior technical position in the medical or health professi on ；2. possess ing the releva nt kno wledge f

57、or assessme nt of work capability ； and3. havi ng good professi onal con duct.Article 25 After the assessment of work capability committee of a municipality having districts has received an application for assessment of work capability , it shall select three or five releva nt medical and health exp

58、erts at ran dom from its expert pool to form an expert panel , which shall provide an assessme nt opinion. The assessme nt of work capability committee of themuni cipality hav ing districts shall ren der an assessme nt of work capability con clusi on in regards to the Employee with work-related inju

59、ry on the basis of the assessment opinion of the expert pan el. Where n ecessary,it may en trust a qualified medical in stituti on to assist in the releva ntdiag no sis.The assessme nt of work capability committee of the muni cipality havi ng districts shall ren der an assessme nt of work capability con clusi on with in 60 days of the date of receipt of the applicati on for assess