Trial Measures for the Trial Measures for Work related Injury Insurance for Employees of Enterprises

Legal Analysis: 1. Raise awareness and strengthen organizational leadership. The reform of the work-related injury insurance system has important practical significance and far-reaching impact on protecting the legitimate rights and interests of employees, promoting safe production and maintaining social stability.

Labor departments and social insurance institutions at all levels should have special personnel responsible for the reform of the work-related injury insurance system, grasp the situation in a timely manner, and formulate and implement work systems and specific measures. All localities are requested to implement the working institutions responsible for work-related injury insurance before the end of September, and inform the Social Insurance Department of the Ministry of Social Insurance of the name of the institution, the name of the person directly in charge, the contact ** and the address.

2. Intensify efforts to speed up progress. At present, more than 1,100 cities and counties in 25 provinces and autonomous regions across the country have carried out the reform of the work-related injury insurance system, and by the end of this year, it is necessary to strive for the reform of 35 large and medium-sized cities across the country in accordance with the "Trial Measures," and strive to achieve 50 cities and counties in the whole country, and by the end of this century, more than 90 cities and counties will carry out reforms. Progress could be faster in the southeast coastal areas and central cities.

All localities should formulate specific progress plans and pay close attention to their implementation. Work-related injury insurance shall cover all urban enterprises and their employees, and areas with conditions may explore specific methods and measures for carrying out work-related injury insurance in township enterprises. Loss.

3. Establish a mechanism to promote the combination of work-related injury insurance and production safety. It is necessary to conscientiously formulate and strictly enforce differential rates and floating rates, and promote safe production and the prevention of work-related injuries and occupational diseases through the reward and punishment mechanism of work-related injury insurance. In their work, social insurance administrative organs, safety supervision agencies, and work-related injury insurance agencies should conscientiously perform their respective duties, support and cooperate with each other, and the responsible persons of labor (labor and personnel) departments and bureaus should strengthen leadership and coordination.

Legal basis: Article 5 of the Trial Measures of the Ministry of Human Resources on Work-related Injury Insurance for Employees of Enterprises shall conscientiously implement the criteria for disability assessment and strengthen the work of labor appraisal. The State Bureau of Technical Supervision has approved and issued the "Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", which was implemented in October this year.

At present, areas that have not yet set up labor appraisal institutions should be set up as soon as possible and carry out appraisal work; Localities that have already been established should also improve their organizational systems and work systems in accordance with the requirements of the "Trial Measures." All personnel engaged in labor appraisal work must conscientiously study and be proficient in the national disability assessment standards. Labor departments shall organize special training and regular evaluations in light of the actual situation, and use the results of the evaluations as an important basis for appointing and employing labor appraisal personnel.

In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly defined the scope of work-related injuries. If an employee is injured, disabled, or dies due to any of the following circumstances, it shall be deemed to be a work-related injury, and its scope is:

1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.

2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit.

3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.

4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.

5.Personal injury caused by the performance of duties.

6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.

7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise.

8.During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**.

9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time. (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) )

10.Other circumstances stipulated by laws and regulations.

According to the laws of our country, the relevant parties should actively handle it in accordance with the labor regulations, in accordance with the laws and regulations of our country, and the injury caused by the person at work or the place of work is not caused by the person. China's labor department should identify the injuries of such personnel, and compensate such personnel in accordance with the provisions on work-related injuries.

General Provisions of the Trial Measures for Work-related Injury Insurance for Employees of Enterprises:

1. Article 1 These Measures are formulated in accordance with the Labor Law in order to protect the right of workers to receive medical treatment, economic compensation and occupational treatment after being injured by accidents and occupational diseases at work, to disperse the risk of work-related injuries and to promote the prevention of work-related injuries.

2. Article 2 Enterprises and their employees within the territory of the People's Republic of China must comply with the provisions of these Measures.

3. Article 3 Work-related injury insurance shall be coordinated by the society, and work-related injury insurance shall be established to provide economic compensation and socialized management services to work-related injured employees.

4. Article 4 Enterprises must participate in work-related injury insurance in accordance with the provisions of the state and local people, pay work-related injury insurance premiums on time and in full, and protect the work-related injury insurance benefits of employees in accordance with these measures and the standards stipulated by the local people.

5. Article 5 Work-related injury insurance should be combined with accident prevention and occupational disease prevention. Enterprises and workers must implement it"Safety first, prevention first"Abide by the safety and health laws and regulations of Laozhou, strictly implement the national labor safety and health regulations and standards, prevent accidents in the labor process, and reduce occupational hazards.

6. Article 6 Employees who have suffered work-related injuries or occupational diseases shall receive timely treatment. All localities shall, on the basis of the social and economic conditions of the region, gradually develop vocational undertakings, and help workers who are disabled due to work to engage in labor suitable for their physical conditions.

7. Article 7 The labor administrative departments of the people's governments at or above the county level shall be in charge of the work-related injury insurance for employees of enterprises within their respective administrative areas. The social insurance agency at or above the county level shall handle the work-related injury insurance business (hereinafter referred to as the work-related injury insurance agency), and shall be responsible for the raising, management and payment of work-related injury insurance, as well as the management services of work-related injury and disorderly employees.

8. Article 8 Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be deemed to be a work-related injury: (1) Engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, although not designated by the responsible person of the unit, engaged in work directly related to the major interests of the unit; (2) Engaging in scientific experiments, inventions, creations, or technological improvements related to that unit upon the arrangement or consent of the responsible person for that unit; (3) Occupational diseases caused by exposure to occupational harmful factors in the production and work environment; (4) During the time and area of production and work, accidental injury caused by unsafe factors, or death due to sudden illness due to work tension or total loss of working ability after the first rescue.

The former Ministry of Labor's Trial Measures for Work-related Injury Insurance for Employees of Enterprises was repealed on December 21, 2007. However, there was no source slag before the repeal, because the "Regulations on Work-related Injury Insurance" came into force on January 1, 2004, and no longer applies in accordance with the provisions of the "Legislation Law".

Extended reading: How to buy [insurance] quietly, which is better, teach you to avoid these insurance"pits"

Work-related injury insurance benefits refer to a series of economic compensation and medical care benefits enjoyed by employees and their families who have suffered work-related injuries. This article interprets the work-related injury insurance benefits from the laws and regulations of work-related injury insurance, and how to apply for work-related injury insurance benefits.

1. Laws and regulations on work-related injury insurance benefits.

1. Regulations of the People's Republic of China on Work-related Injury Insurance

The Regulations of the People's Republic of China on Work-related Injury Insurance is a law and regulation on work-related injury insurance benefits, which stipulates the standards, beneficiaries and application procedures for work-related injury insurance benefits.

2. Measures for the Implementation of the Regulations of the People's Republic of China on Work-related Injury Insurance

The Measures for the Implementation of the Regulations of the People's Republic of China on Work-related Injury Insurance is a law and regulation on work-related injury insurance benefits, which stipulates the application procedures for work-related injury insurance benefits, beneficiary cover-up, compensation standards, etc.

II. Application Procedures for Work-related Injury Insurance Benefits.

1. The applicant first needs to apply for work-related injury insurance benefits to the local labor and social security department and submit relevant information.

2. The applicant needs to provide the diagnosis certificate of the injury issued by the relevant medical institution, as well as the identity document of the injured worker.

3. The applicant needs to provide the employment certificate, salary certificate, and compensation certificate given by the employer about the injured worker.

4. The labor and social security department will review the applicant's information, and if the review is passed, it will give work-related injury insurance benefits in accordance with the "Regulations of the People's Republic of China on Work-related Injury Insurance" and its implementation measures.

3. Beneficiaries of work-related injury insurance benefits.

1. Injured workers themselves: Injured workers can enjoy work-related injury insurance benefits, including hospitalization reimbursement, medical subsidies, disability subsidies, living allowances, etc.

2. Families of injured workers: The families of injured workers can also enjoy work-related injury insurance benefits, including pensions, funeral subsidies, etc.

This article expounds the content of work-related injury insurance benefits and how to apply for work-related injury insurance benefits from three aspects: laws and regulations, application procedures and beneficiaries. Both the injured worker and his or her family can enjoy work-related injury insurance benefits, but the applicant needs to provide relevant information and be reviewed by the labor and social security department before he or she can obtain work-related injury insurance benefits. Therefore, injured workers and their families should familiarize themselves with the Regulations of the People's Republic of China on Work-related Injury Insurance and its implementation measures, and apply for work-related injury insurance benefits in a timely manner to ensure that their rights and interests are fully protected.

The work-related injury insurance of employees of the enterprise shall be accrued and paid by the enterprise, and the specific accounting entries are:

1. When calculating work-related injury insurance premiums:

Borrow: Administrative Expenses - Workers' Compensation Insurance.

Credit: Employee Compensation Payable - Work-related Injury Insurance.

2. When paying work-related injury insurance premiums:

Borrow: Employee Compensation Payable - Work-related Injury Insurance.

Credit: Bank deposits.

Employees of enterprises, public institutions, social organizations, private non-enterprise units, ** associations, law firms, accounting firms and other organizations, as well as employees of individual industrial and commercial households, have the right to enjoy work-related injury insurance and insurance treatment in accordance with the law. Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and if employees do not pay work-related injury insurance premiums, the amount of work-related injury insurance premiums paid shall be the product of the total wages of employees of the unit multiplied by the payment rate of the unit.