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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II WORK-RELATED INJURY INSURANCE FUND CHAPTER III ASCERTAINMENT OF WORK-RELATED INJURIES CHAPTER IV WORK CAPABILITY ASSESSMENT CHAPTER V TREATMENT OF WORK-RELATED INJURY INSURANCES CHAPTER VI SUPERVISION AND ADMINISTRATION CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present regulation is enacted with a view to guaranteeing the workers who are injured from accidents arising from work or who suffer from occupational diseases to obtain medical care and economic compensation, promoting the prevention and occupational recovery from work-related injuries, and dispersing the work-related injury risks of employing entities. Article 2. The various enterprises and individual industrial and commercial households hiring employees (hereinafter referred to employing entities) inside the territory of the People's Republic of China shall, in accordance with the present regulation, buy work-related injury insurances, that is, pay work-related injury insurance premiums for all their workers or employees (hereinafter uniformly referred to workers). All workers of various enterprises and all employees of various individual industrial and commercial households inside the territory of the People's Republic of China shall, in accordance with the present regulation, have the right to enjoy the treatment of work-related injury insurances. The specific procedures and implementing measures for individual industrial and commercial households hiring employees to buy work-related injury insurances shall be provided for by the people's government of the province, autonomous region or municipality directly under the Central Government. Article 3. The work-related injury insurance premiums shall be collected and paid in accordance with the provisions in the "Interim Regulation on the Collection and Payment of Social Insurance Premiums" regarding the collection and payment of basic pension insurance premiums, basic medical insurance premiums, and unemployment insurance premiums. Article 4. An employing entity shall announce the relevant information on buying work-related injury insurances within the scope of the entity. The employing entities and the workers shall abide by the relevant laws and regulations on safe production and prevention and treatment of occupational diseases, implement the rules and standards on safety and health care, prevent work-related injury accidents, avoid and reduce harms from occupational diseases. When a worker suffers from a work-related injury, the employing entity shall take measures to have the injured worker cured in time. Article 5. The administrative department for labor security under the State Council shall be responsible for the work of nationwide work-related injury insurances. The administrative department for labor security of each local people's government at or above the county level shall be responsible for the work of work-related injury insurances within its own jurisdiction. The social insurance handling institutions (hereinafter referred to handling institutions) established by the administrative department for labor security under the State Council in accordance with the relevant provisions shall specifically undertake the affairs in respect of work-related injury insurances. Article 6. The administrative department for labor security and other departments shall, if formulating policies or standards concerning work-related injury insurances, solicit opinions from the representatives of the trade union organizations and employing entities. CHAPTER II WORK-RELATED INJURY INSURANCE FUND Article 7. The work-related injury insurance fund shall be composed of the work-related injury insurance premiums paid by the employing entities, the interest on the work-related injury insurance fund and other funds legally included in the work-related injury insurance fund. Article 8. The rate of the work-related injury insurance premiums shall be determined in compliance with the principles of basing collection on expenditure and balancing the income and expenditure. The state shall determine the differential premium rates of different industries in light of their work-related injury risks, and set forth several grades of premium rates in each industry in light of the use of the work-related injury insurance premiums and the occurrence rate of work-related injuries. The industrial differential premium rates and the grades of the premium rates within each industry shall be formulated by the administrative department for labor security under the State Council jointly with the financial department, the administrative department for health, and the administrative department for supervision over safe production under the State Council, and be subject to approval by the State Council before promulgation and enforcement. The handling institution in a region subject to overall planning shall, in light of the information on the employing entities' use of work-related injury insurance premiums and the occurrence rate of work-related injuries, apply the corresponding grade of premium rate for the industry to determine the premium rate for the entity. Article 9. The administrative department for labor security under the State Council shall regularly know about the information on the income and expenditure of the work-related injury insurance funds in all regions subject to overall planning around the country, and shall, jointly with the financial department, the administrative department for health and the administrative department for supervision over safe production under the State Council, timely render the proposal on adjustment of the industrial differential premium rates and the grades of premium rates for the industry, which shall be submitted to the State Council for approval before promulgation and enforcement. Article 10. The employing entities shall pay work-related injury insurance premiums on time, and individual workers do not have to pay the work-related injury insurance premiums. The amount of work-related injury insurance premiums paid by an employing entity shall be the product of multiplying the total amount of wages of the workers in this entity by the premium rate of this entity. Article 11. The work-related injury insurance fund shall be subject to overall planning in municipalities directly under the Central Government and cities divided into districts, while the overall planning levels of other regions shall be determined by the people's government of the province or autonomous region. For trans-regional industries and industries with large production mobility, the employing entities may buy work-related injury insurances in region subject to overall planning by a relatively concentrative means. The specific measures shall be formulated by the administrative department for labor security under the State Council jointly with the competent departments of the relevant industries. Article 12. The work-related injury insurance fund shall be deposited in the special fiscal account of social security fund, and be used to pay the treatment of work-related injury insurances provided for in the present regulation, the work capability assessment and other expenses provided for in laws and regulations to be used for work-related injury insurances. No entity or individual shall use the work-related injury insurance fund for investment operations, build or rebuild office places, to grant bonuses, or to misappropriate such fund for other purposes. Article 13. A certain proportion of reserve among the work-related injury insurance fund shall be remained for the payment of the treatment of work-related injury insurances on major accidents in the regions subject to overall planning. If the reserve is not enough to pay the said treatment, the people's government of the region subject to overall planning shall pay the remaining sum. The specific proportion of the reserve among the total amount of the fund and the measures on using the reserve shall be provided for by the people's government of the province, autonomous region, or municipality directly under the Central Government. CHAPTER III ASCERTAINMENT OF WORK-RELATED INJURIES Article 14. A worker shall be ascertained to have suffered from work-related injury if: (1) he is injured from an accident within the working hours and the working place due to his work; (2) he is injured from an accident within the working place before or after the working hours for doing preparatory or finishing work related to his job; (3) he suffers from violence or other unexpected injury within the working hours and working place due to implementation of his duties; (4) he suffers from an occupational disease; (5) his whereabouts are unknown due to his injury or accident during his trip for performing his duties; (6) he is injured from a motor vehicle accident on his way to or back from work; or (7) other circumstances provided for in laws and administrative regulations under which work-related injuries shall be ascertained. Article 15. A worker shall be regarded to have suffered from the work-related injury if: (1) during the working hours and on the post, he dies from a sudden disease or dies within 48 hours due to ineffective rescue; (2) he is injured when dealing with an emergency or providing disaster relief or in other activity for maintaining the state benefits or public benefits; or (3) he served in the army and became disabled due to war or duties, and has obtained the certificate of revolutionary disabled army-man, but recrudesces from the past injury after working in the employing entity. Where a worker is under the circumstance in Item (a) or (b) of the preceding paragraph, he may enjoy the treatment of work-related injury insurances in accordance with the relevant provisions of the present regulation; where a worker is under the circumstance in Item (c) of the preceding paragraph, he may enjoy the treatment of work-related injury insurances other than the lump-sum disability subsidy in accordance with the relevant provisions in the present regulation. Article 16. A worker shall neither be ascertained nor be regarded to have suffered from the work-related injury if: (1) he is injured or dies for committing a crime or violating the public security order; (2) he dies from being drunk; or (3) he injures himself or commits suicide. Article 17. Where a worker is injured from an accident or is diagnosed or assessed in accordance with the Law on Prevention and Treatment of Occupational Diseases to have an occupational disease, the employing entity shall, within 30 days as of the day when the accident injury is occurred or when he is diagnosed or assessed to have contracted the occupational disease, file an application for ascertainment of the work-related injury to the administrative department for labor security in the region subject to overall planning. Under special circumstances, the time limit for application may be properly extended, subject to the approval of the administrative department for labor security. Where an employing entity fails to file an application for ascertainment of a work-related injury in accordance with the preceding paragraph, the worker who suffered from the injury or his lineal relative, or the trade union organization may, within one year as of the day when the accident injury is occurred or when the worker is diagnosed or assessed to have the occupational disease, directly file the application for ascertainment of the work-related injury to the administrative department for labor security of the region subject to overall planning where the employing entity is located. The matters for which the work-related injuries shall be ascertained by the administrative department for labor security at the provincial level provided for in Paragraph 1 of the present article, shall be handled by the administrative department for labor security at the level of city divided into districts at the locality of the employing entity in compliance with the principle of territory. Where an employing entity fails to file an application for ascertainment of a work-related injury within the time limit provided for in Paragraph 1 of the present article, the expenses for the treatment of the injury, etc. during this period, which conform to the present regulation, shall be borne by the employing entity. Article 18. Whoever files an application for ascertainment of a work-related injury shall submit the following documents: (1) the application form for ascertainment of the work-related injury; (2) the documents proving the existence of the labor relation (including de facto labor relation) with the employing entity; and (3) the certificate of medical diagnosis or the certificate of diagnosis of the occupational disease (or the assessment report on diagnosis of the occupational disease). The application form for ascertainment of a work-related injury shall include basic information such as the time, place, reason of the accident, and extent of the worker's injury. Where the applicant for ascertainment of a work-related injury fails to provide complete documents, the administrative department for labor security shall notify the applicant in writing in one time of all the documents needed to be supplemented for the ascertainment of the work-related injury. The administrative department for labor security shall accept the application after the applicant has supplemented the documents required by the written notification. Article 19. The administrative department for labor security may, after accepting an application for ascertainment of a work-related injury, investigate and verify the accident injury upon the needs in examination, while the employing entity, the workers, the trade union organization, the medical treatment institution and other relevant departments shall provide assistance. The occupational disease shall be diagnosed and the diagnosis dispute shall be assessed in accordance with the relevant provisions in the Law on Prevention and Treatment of Occupational Diseases. With respect to the certificate of diagnosis of the occupational disease or the assessment report on diagnosis of the occupational disease which is obtained in accordance with the law, the administrative department for labor security shall no longer investigate or verify it. Where a worker or his lineal relative believes that an injury is work-related, while the employing entity does not believe so, the latter shall bear the burden of proof. Article 20. The administrative department for labor security shall, within 60 days as of day when it accepts the application for ascertainment of a work-related injury, make a decision on ascertaining the work-related injury, and notify the worker who applies for ascertainment of the work-related injury or his lineal relative and the worker's entity in writing. Where a functionary of the administrative department for labor security has an interest in the applicant for ascertainment of a work-related injury, he shall withdraw. CHAPTER IV WORK CAPABILITY ASSESSMENT Article 21. Where a worker who suffered from a work-related injury becomes disabled and his work capability is impacted after he has been cured to be comparatively stable with his injury, his work capability shall be assessed. Article 22. Work capability assessment shall refer to the assessment by grade of the extent of work capability obstruction and of self-care obstruction. The work capability obstruction is divided into ten disability grades, with Grade 1 to be the severest, and Grade 10 the most lenient. The self-care obstruction is divided into three grades: complete inability to self-care, most inability to self-care and partial inability to self-care. The standards for work capability assessment shall be made by the administrative department for labor security under the State Council jointly with the administrative department for health and other departments under the State Council. Article 23. The application for work capability assessment shall be filed by the employing entity, the worker who suffered from the work-related injury or his lineal relative to the work capability assessment committee at the level of city divided into districts, accompanied by the decision on ascertainment of the work-related injury and the relevant documents on medical treatment of the worker's work-related injury. Article 24. The work capability assessment committee of a province, autonomous region, or municipality directly under the Central Government or the work capability assessment committee at the level of city divided into districts shall be composed of the representatives from the administrative department for labor security, the administrative department for personnel, the administrative department for health, the trade union organization, the handling institution of the province, autonomous region, or municipality directly under the Central Government or those at the level of city divided into districts and the representatives from employing entities. The work capability assessment committee shall set up a database of medical and sanitary experts. The medical and sanitary professionals listed in the database shall meet the following conditions: (1) have the qualification to hold senior professional medical and sanitary post; (2) grasp the relevant knowledge on work capability assessment; and (3) have good professional moralities. Article 25. The work capability assessment committee at the level of city divided into districts shall, after receipt of the application for work capability assessment, randomly take out 3 or 5 relevant experts from the database of medical and sanitary experts to form an expert group, which shall give assessment opinions. The work capability assessment committee at the level of city divided into districts shall, upon the assessment opinions of the expert group, make a conclusion of work capability assessment on the workers suffering from work-related injuries; may, if necessary, entrust a qualified medical treatment institution to assist in the relevant diagnosis. The work capability assessment committee at the level of city divided into districts shall, within 60 days as of receipt of the application for work capability assessment, make a conclusion on the work capability assessment. If necessary, the time limit for making the conclusion of work capability assessment may be extended by 30 days. The conclusion of work capability assessment shall be timely served to the entity and individual applying for assessment. Article 26. Where an entity or individual who applies for assessment refuses to accept the assessment conclusion made by work capability assessment committee at the level of city divided into districts, it/he may, within 15 days as of receipt of the assessment conclusion, apply to the work capability assessment committee of the province, autonomous region, or municipality directly under the Central Government for a second assessment. The conclusion of work capability assessment made by the work capability assessment committee of the province, autonomous region, or municipality directly under the Central Government shall be final. Article 27. The work capability assessment shall be carried out objectively and impartially. If any member of the work capability assessment committee or any expert participating in the assessment has an interest in any party concerned, he shall withdraw. Article 28. If, after 1 year as of the day when the conclusion of work capability assessment is made, a worker who suffered from a work-related injury or his lineal relative, the entity that employs him, or the handling institution considers the disability is changed, any of them may apply for re-examination and re-assessment of the work capability. CHAPTER V TREATMENT OF WORK-RELATED INJURY INSURANCES Article 29. Where a worker is injured from an accident or suffers from an occupational disease due to his work and needs to be treated, he may enjoy the medical treatment of work-related injuries. A worker having his work-related injury treated shall see the doctor in a medical treatment institution that has entered into a service agreement with the entity, and may, in case of emergency, first go to a nearby medical treatment institution for emergency treatment. If the expenses needed in treating a work-related injury conform to the catalogue of the diagnosis and treatment items for insured work-related injuries, the medicine catalogue for insured work-related injuries and the standards of hospitalization service for insured work-related injuries, such expenses shall be paid from the work-related injury insurance fund. The catalogue of the diagnosis and treatment items for insured work-related injuries, the medicine catalogue for insured work-related injuries, and the standards of hospitalization service for insured work-related injuries shall be provided by the administrative department for labor security under the State Council jointly with the administrative department for health, the administrative department for drug supervision, etc. under the State Council. Where a worker is hospitalized for the treatment of a work-related injury, the entity that employs him shall distribute the food subsidies for hospitalization at 70% of its food subsidies for official business trip. If, with the attestation issued by the medical treatment institution, and upon consent by the handling institution, the worker who suffered from the work-related injury sees a doctor out of the region subject to overall planning, the necessary expenses for traffic, board and lodging shall be reimbursed by the entity according to the standards for official business trip. A worker who suffered from a work-related injury shall not enjoy the medical treatment of work-related injuries if he has a disease from non-work-related injury treated, but shall comply with the measures on basic medical insurances. The expenses for a worker who suffered from a work-related injury to go to a medical treatment institution which has entered into a service agreement with the entity for recovery cure shall, if conforming to Paragraph 3 of the present article, be paid from the work-related injury insurance fund. Article 30. A worker who suffered from a work-related injury may, if in the need of daily life or employment, be installed with artificial limb, orthopedic device, artificial eye, false tooth or equipped with wheelchair or other auxiliary devices upon confirmation by the work capability assessment committee. The necessary expenses shall be paid from the work-related injury insurance fund according to the standards provided for by the state. Article 31. Where a worker is injured from an accident or suffers from an occupational disease due to his work or needs to suspend his work for medical treatment of the work-related injury, his original remuneration of wages and welfares shall, during the period of suspension of work but reservation of salary, remain unchanged and be paid on a monthly basis by the entity that employs him. The period of suspension of work but reservation of salary shall usually not exceed 12 months. If the injury is heavy or the case is particular, the said period may be properly extended upon confirmation by the work capability assessment committee at the level of city divided into districts, provided that the extended period shall not exceed 12 months. After the disability of a worker who suffered from a work-related injury is graded, his original remuneration shall be suspended from payment, and he shall enjoy the disability treatment in accordance with the relevant provisions of the present chapter. If the worker still needs to be treated after the expiry of the period of suspension of work but reservation of salary, he shall continue enjoying the medical treatment for work-related injury. Where a worker who suffered from a work-related injury but is unable to care himself needs to be cared during the period of suspension of work but reservation of salary, the responsibility shall remain with the entity that employs him. Article 32. Where the disability of a worker who suffered from a work-related injury has been graded and his life is confirmed by the work capability assessment committee to be in need of care, the fee for taking care of his life shall be paid by month from the work-related injury insurance fund. The fee for care of life shall be paid by 3 different grades, namely, complete inability to self-care, most inability to self-care and partial inability to self-care, with the standards of which to be separately 50%, 40% or 30% of the monthly average wages of each worker in the region subject to overall planning in the preceding year. Article 33. Where a worker's disability due to his work is assessed to fall in Grade 1 to 4, the labor relation shall be retained, and he shall withdraw from his post and enjoy the following treatments: (1) The disability subsidy shall be paid by disability grade in a lump sum from the work-related injury insurance fund at the following rates: for the first grade of disability, 24 months of his own wage shall be paid; for the second grade of disability, 22 months of his own wage shall be paid; for the third grade of disability, 20 months of his own wage shall be paid; for the fourth grade of disability, 18 months of his own wage shall be paid; (2) The disability allowance shall be paid by month from the work-related injury insurance fund at the following rates: for the first grade of disability, 90% of his own wage shall be paid; for the second grade of disability, 85% of his own wage shall be paid; for the third grade of disability, 80% of his own wage shall be paid; for the fourth grade of disability, 75% of his own wage shall be paid. If the actual amount of the disability allowance is lower than the lowest local wage rate, the difference shall be supplemented from the work-related injury insurance fund; (3) If a worker who suffered from a work-related injury has reached the age for retirement and has gone through the retirement formalities, he shall be suspended from being paid the disability allowance, and enjoy the treatment of basic pension insurance. If the treatment of basic pension insurance is lower than the disability allowance, the difference shall be supplemented from the work-related injury insurance fund. Where a worker's disability due to work is assessed to fall in Grade 1 to 4, the employing entity and the individual worker shall, based on the disability allowance, pay the basic medical insurance premium. Article 34. Where a worker's disability due to work is assessed to fall in Grade 5 or 6, he shall enjoy the following treatments: (1) He may be paid the lump-sum disability subsidy from the work-related injury insurance fund according to the disability grade at the following rates: for the fifth grade of disability, 16 months of his own wage shall be paid; for the sixth grade of disability, 14 months of his own wage shall be paid; (2) His labor relation with the employing entity shall be reserved, and the employing entity shall arrange a proper post for him. If the post is difficult to be arranged, the employing entity shall pay the disability allowance by month at the following rates: for the fifth grade of disability, 70% of his own wage shall be paid; for the sixth grade of disability, 60% of his own wage shall be paid, and the employing entity shall pay all social insurance premiums payable in accordance with the provisions. If the actual amount of disability allowance is lower than the lowest local wage rate, the difference shall be supplemented by the employing entity. A worker who suffered from a work-related injury may require to rescind or terminate the labor relation with the employing entity, and the employing entity shall pay the subsidy for medical treatment of the work-related injury and the subsidy for disability employment in a lump sum. The specific rates shall be provided for by the people's government of the province, autonomous region or municipality directly under the Central Government. Article 35. Where a worker's disability due to work is assessed to fall in Grade 7 to 10, he shall enjoy the following treatments: (1) He may be paid the lump-sum disability subsidy from the work-related injury insurance fund according to the disability grade at the following rates: for the seventh grade of disability, 12 months of his own wage shall be paid; for the eighth grade of disability, 10 months of his own wage shall be paid; for the ninth grade of disability, 8 months of his own wage shall be paid; for the tenth grade of disability, 6 months of his own wage shall be paid; (2) If the labor contract is terminated upon expiry, or the worker himself requires to rescind the labor contract, the employing entity shall pay the subsidy for medical treatment of the work-related injury and the subsidy for disability employment in a lump sum. The specific rates shall be provided by the people's government of the province, autonomous region or municipality directly under the Central Government. Article 36. Where a worker who suffered from a work-related injury but recrudesces from the past injury, and is confirmed to be in need of cure, he shall enjoy the treatment of work-related injuries provided for in Articles 29, 30 and 31 of the present regulation. Article 37. If a worker dies from work, his lineal relative may, in accordance with the following provisions, draw from the work-related injury insurance fund the funeral subsidy, the pension for supporting the relatives and the lump-sum subsidy for death from work: (1) The funeral subsidy shall be 6 months of the average monthly wage of the workers in the preceding year in the region subject to overall planning; (2) The pension for supporting the relatives shall be paid at a certain proportion of the worker's wage to the relatives who has no work capabilities and whose main living expenses came from the worker who died from work, with the rates to be as follows: 40% per month for the spouse, 30% per month per person for other relatives, and 10% per month per person in addition for the lone aged or orphans. The verified sum of pensions for supporting the relatives shall not be more than the wage of the worker who died from work. The specific scope of the supported relatives shall be provided for by the administrative department for labor security under the State Council; (3) The rate of the lump-sum subsidy for death from work shall be 48 months to 60 months of the average monthly wage for each worker in the preceding year in the region subject to overall planning. The specific rates shall be provided for by the people's government of the region subject to overall planning in light of the local economic and social development situation, and be submitted to the people's government of the province, autonomous region, or municipality directly under the Central Government for record. Where a disabled worker dies from a work-related injury within the period of suspension of work but reservation of salary, his lineal relatives may enjoy the treatments provided for in Paragraph 1 of the present article. Where a worker of the first to fourth grade of disability dies after the expiry of the period of suspension of work but reservation of salary, his lineal relatives may enjoy the treatments provided for in Items (1) and (2) of Paragraph 1 of the present article. Article 38. The disability allowance, the pension for supporting the relatives, and the fee for care of life shall be adjusted from time to time by the administrative department for labor security of the region subject to overall planning in light of the situation of the average wages of the workers and changes in living expenses. The adjustment measures shall be provided for by the people's government of the province, autonomous region or municipality directly under the Central Government. Article 39. Where a worker's whereabouts are unknown due to an accident during his trip for performing his duties or due to his dealing with an emergency or providing disaster relief, he shall still be paid the wages within 3 months as of the month in which the accident occurred, and be suspended from payment of wages as of the fourth months, instead, his relatives supported by him shall be paid the pension for supporting the relatives by month from the work-related injury insurance fund. He who is straitened in life may be prepaid 50% of the lump-sum subsidy for death from work. If the worker is declared by the people's court to have died, the matter shall be dealt with in accordance with the provisions in Article 37 of the present regulation on death of workers from work. Article 40. Where a worker who suffered from a work-related injury is under any of the following circumstances, he shall be suspended from enjoying the treatment of work-related injury insurances: (1) he has lost the conditions to enjoy the treatment; (2) he refuses to accept the work capability assessment; (3) he refuses to be cured; or (4) he was sentenced to imprisonment and is under execution. Article 41. Where an employing entity is divided, merged or transferred, the succeeding entity shall bear the original employing entity's liability for the work-related injury insurances. If the original employing entity has bought the work-related injury insurances, the succeeding entity shall make the registration of modification on work-related injury insurances in the local handling institution. Where an employing entity applies contracted management, the liability for the work-related injury insurances shall be borne by the entity with which the worker has a labor relation. Where a worker who is temporarily transferred is injured from a work accident, the original employing entity shall bear the liability for work-related injury insurances, but may stipulate with the entity in temporary need of the worker on the compensation measure. Where an enterprise is bankrupt, the expenses for treatment of work-related injury insurances which are to be paid by the entity shall be allotted in priority in accordance with the law at the time of bankruptcy liquidation. Article 42. Where a worker who is sent abroad for work is required by the law of the destination country or region to buy the local work-related injury insurances, such local work-related injury insurances shall be bought, and his domestic relation of work-related injury insurances shall be suspended; while if the local work-related injury insurances cannot be bought, his domestic relation on work-related injury insurances shall not be suspended. Article 43. Where a worker suffers from a second work-related injury, he shall enjoy the treatment of disability allowance in light of the newly ascertained disability grade if he is entitled by the provisions to enjoy the disability allowance. CHAPTER VI SUPERVISION AND ADMINISTRATION Article 44. A handling institution shall, when specifically undertaking the affairs on work-related injury insurances, implement the following duties: (1) to collect work-related injury insurance premiums in accordance with the provisions of the people's government of the province, autonomous region, or municipality directly under the Central Government; (2) to check the total amount of the wages of the employing entities and the numbers of the workers, to make registration of work-related injury insurances, and to be responsible for preserving the records of the employing entities' payment of fees and the workers' enjoying the treatment of work-related injury insurances; (3) to carry out investigations and statistics of the work-related injury insurances; (4) to manage the expenditure of the work-related injury insurance fund in accordance with the provisions; (5) to verify the treatment of work-related injury insurances in accordance with the provisions; and (6) to provide the workers who suffered from work-related injuries or their lineal relatives with consulting service gratuitously. Article 45. The handling institution shall conclude service agreements with the medical treatment institutions and the auxiliary devices supply institutions upon equal negotiation, and shall announce the name list of the medical treatment institutions and auxiliary devices supply institutions with which it has concluded service agreements. The specific measures shall be formulated by the administrative department for labor security under the State Council separately with the administrative department for health under the State Council or the department of civil affairs under the State Council. Article 46. The handling institutions shall, pursuant to the agreements and the relevant catalogues and standards of the state, check the use of the medical expenses, recovery expenses and auxiliary device expenses of the workers who suffered from work-related injuries, and shall settle the expenses in full amount on time. Article 47. A handling institution shall regularly announce the information on income and expenditure of the work-related injury insurance fund, and timely propose suggestions to the administrative department for labor security regarding the adjustment of the premium rates. Article 48. The administrative department for labor security and the handling institution shall regularly consult the opinions from the workers who suffered from work-related injuries, the medical treatment institutions, the auxiliary devices supply institutions, and all walks of life so as to improve the work of work-related injury insurances. Article 49. The administrative department for labor security shall supervise and inspect in accordance with the law the collection and payment of work-related injury insurance premiums as well as the payment of the work-related injury insurance fund. The financial department and the auditing organ shall supervise in accordance with the law the income and expenditure and management of the work-related injury insurance fund. Article 50. Any organization or individual has the right to report the illegal acts related to work-related injury insurances. The administrative department for labor security shall timely investigate the offense reports, deal with them in accordance with the provisions, and keep confidential for the offense reporters. Article 51. The trade union organization shall maintain in accordance with the law the lawful rights and interests of the workers who suffered from work-related injuries, and supervise the employing entities' work of work-related injury insurances. Article 52. Where a worker and the employing entity is in dispute over the treatment of work-related injuries, the dispute shall be settled in accordance with the relevant provisions on settling labor disputes. Article 53. In case of any of the following circumstances, the relevant entity or individual may apply for administrative reconsideration in accordance with the law; may, if refusing to accept the decision on reconsideration, bring an administrative litigation in accordance with the law: (1) a worker, his lineal relative or the entity employing the worker that applies for ascertainment of a work-related injury refuses to accept the ascertainment conclusion; (2) the employing entity refuses to accept the rates for payment of insurance premiums which are determined by the handling institution; (3) a medical treatment institution or auxiliary devices supply institution that has concluded the service agreement considers that the handling institution fails to implement the relevant agreements or provisions; or (4) a worker who suffered from a work-related injury or his lineal relative has any objection over the treatment of work-related injury insurances which is verified by the handling institution. CHAPTER VII LEGAL LIABILITIES Article 54. Where any entity or individual violates Article 12 of the present regulation by misappropriating the work-related injury insurance fund, and a crime is constituted, it/he shall be subject to criminal liabilities in accordance with the law. If no crime is constituted, it/he shall be imposed upon administrative sanctions or disciplinary sanctions in accordance with the law. The misappropriated fund shall be recovered by the administrative department for labor security, and be included in the work-related injury insurance fund; the confiscated illegal proceeds shall be turned in to the state treasury in accordance with the law. Article 55. Where any functionary of the administrative department for labor security is under any of the following circumstances, he shall be imposed upon administrative sanctions in accordance with the law. If the case is serious enough to constitute a crime, the offender shall be subject to criminal liabilities in accordance with the law: (1) He refuses to accept an application for ascertainment of a work-related injury without any justifiable reason, or practices fraud to ascertain unqualified persons of work-related injury as workers of work-related injury; (2) He fails to appropriately take custody of the evidential materials in application for ascertainment of work-related injuries, thus causing the relevant evidence lost; or (3) He takes properties from a party concerned. Article 56. Where a handling institution has any of the following acts, the administrative department for labor security shall order it to put right, and impose disciplinary sanctions in accordance with the law upon the directly responsible persons in charge and other liable persons. If the case is serious enough to constitute a crime, the offender shall be subject to criminal liabilities according to law. If the handling institution causes any economic loss to a party concerned, it shall bear the liability for compensation in accordance with the law: (1) It fails to preserve in accordance with the provisions the records of the employing entities' payment of fees and the workers' enjoying the treatment of work-related injury insurances; (2) It does not verify the treatment of work-related injury insurances in accordance with the provisions; or (3) It takes properties from a party concerned. Article 57. Where a medical treatment institution or an auxiliary devices supply institution does not provide services pursuant to the service agreement, the handling institution may rescind the service agreement. Where a handling institution does not settle the expenses in full amount on time, it shall be ordered by the administrative department for labor security to get right; the medical treatment institution and the auxiliary devices supply institution may rescind the service agreement. Article 58. Where an employing entity conceals the total amount of wages or the number of workers, it shall be ordered by the administrative department for labor security to get right, and be imposed upon a fine of not less than 1 time but not more than 3 times of the concealed total amount of wages. Where an employing entity, a worker who suffered from a work-related injury or his lineal relative fraudulently obtains the treatment of work-related injury insurances, or a medical treatment institution or an auxiliary devices supply institution fraudulently obtains the expenditure of the work-related injury insurance fund, it/he shall be ordered by the administrative department for labor security to refund the amount, and be imposed upon a fine of not less than 1 time but not more than 3 times of the fraudulently obtained amount. If the case is serious enough to constitute a crime, the offender shall be subject to criminal liabilities according to law. Article 59. Where an organization or individual engaging in work capability assessment is under any of the following circumstances, it/he shall be ordered by the administrative department for labor security to get right, and be imposed upon a fine of not less than 2,000 Yuan but not more than 10,000 Yuan. If the case is serious enough to constitute a crime, the offender shall be subject to criminal liabilities according to law: (1) it/he provides false assessment opinions; (2) it/he provides a false certificate of diagnosis; or (3) it/he takes properties from a party concerned. Article 60. Where an employing entity required by the present regulation to buy work-related injury insurances fails to buy such insurances, it shall be ordered by the administrative department for labor security to get right. If any of its workers suffers from a work-related injury during the period before it buys the work-related injury insurances, the employing entity shall pay the expenses according to the items and rates of treatment of work-related injury insurances provided for in the present regulation. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 61. Workers mentioned in the present regulation shall refer to the laborers who keep a labor relation (including de facto labor relation) with the employing entity in all forms of employment and within all forms of employment period. The total amount of wages mentioned in the present regulation shall refer to the total amount of labor remuneration directly paid by an employing entity to all its workers. Someone's own wage mentioned in the present regulation shall refer to the average monthly wage of a worker of work-related injury during the 12 months before he is injured from an accident or suffers from an occupational disease. If someone's own wage is higher than 300% of the average wage of each worker in a region subject to overall planning, his wage shall be calculated as 300% of the said average wage; while if someone's own wage is lower than 60% of the average wage of each worker in a region subject to overall planning, his wage shall be calculated as 60% of the said average wage. Article 62. Where a functionary of a state organ or of a public institution or social organization subject to or with reference to the personnel management of the national public servant system is injured from an accident or suffers from an occupational disease, the entity where he works shall pay the expenses. The specific measures shall be provided for by the administrative department for labor security under the State Council jointly with the administrative department for personnel and the financial department under the State Council. The measures on work-related injury insurances, etc. for other public institutions, social organizations and various privately managed non-enterprise entities shall be separately provided for by the administrative department for labor security under the State Council jointly with the administrative department for personnel, the department of civil affairs and the financial department, under the State Council with reference to the present regulation, which shall come into force after being approved by the State Council. Article 63. Where a worker in an entity without business license or having not been registered or recorded in accordance with the law or if an entity whose business license has been revoked in accordance with the law or which is revoked from registration or record is injured from an accident or suffers from an occupational disease, the entity shall pay compensation in a lump sum to the lineal relatives of the disabled or died worker, with the rate of compensation not lower than the treatment of work-related injury insurances provided for in the present regulation. The employing entity shall not use child labor. Where an employing entity uses any child laborer and causes injury or death thereto, it shall pay compensation in a lump sum to the child laborer or his lineal relative, with the rate of compensation not lower than the treatment of work-related injury insurances provided for in the present regulation. The specific measures shall be provided for by the administrative department for labor security under the State Council. Where the lineal relative of a disabled or died worker provided for in the preceding paragraph, or a child laborer provided for in the preceding paragraph or his lineal relative is in dispute with the employing entity over the compensation amount, the dispute shall be settled in accordance with the relevant provisions on settling labor disputes. Article 64. The present regulation shall come into force on January 1, 2004. If the workers who are injured from accidents or suffer from occupational diseases prior to the enforcement of the present regulation have still not finished the ascertainment of work-related injuries, they shall comply with the present regulation. |
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