Work related Injury Compensation The new Work related Injury Insurance Regulations came into force

Regulations on Work-related Injury Insurance.

On April 27, 2003, the People's Republic of China promulgated Order No. 375 in accordance with the Decision on Amending the Regulations on Work-related Injury Insurance on December 20, 2010).

Hello, to help you understand, the new regulations on work-related injury insurance are as follows: If an employee has any of the following circumstances, it shall be deemed to be a work-related injury: 1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) During working hours and in the workplace, hunger and shivering are injured by violence or other accidents due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) On the way to and from work, being injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or train; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

<>Regulations on Insurance Compensation for Work-related Injuries" is a normative document stipulated in Article 44 of the Insurance Law of the People's Republic of China (amended in 1982). It is the basic regulation of the work-related injury insurance system, which stipulates the compensation standard, compensation scope and compensation method of work-related injury insurance.

The Regulations on Work-related Injury Insurance Compensation came into force on June 1, 1988, and are interpreted by the insurance administrative department. According to the Regulations on Work-related Injury Insurance Compensation, work-related injury insurance compensation is divided into three categories: work-related injury medical expense compensation, work-related injury allowance compensation and work-related injury disability compensation.

Compensation for work-related injury medical expenses includes work-related injury expenses, drug expenses, hospitalization expenses, ** expenses, and other necessary medical expenses. Work-related injury allowance compensation mainly includes disability allowance, living allowance, employee disability level allowance, transportation allowance, family care allowance, etc. Work-related disability compensation is divided into lump sum compensation and bereavement pension compensation.

The Regulations on Work-related Injury Insurance Compensation stipulate that work-related injury insurance compensation and bereavement pension shall be paid by the local insurance company, and the amount of work-related injury insurance compensation paid by the local insurance company shall not be lower than the minimum standard stipulated by the local insurance supervision and administration department. In addition, the Regulations on Work-related Injury Insurance Compensation stipulate that an applicant for work-related injury insurance compensation shall provide a valid work-related injury certificate, which shall be reviewed and confirmed by the local insurance regulatory authority.

First, in the process of work-related injury identification, it is stipulated that those who are engaged in work that is exposed to occupational disease hazards before retirement and before the termination or dissolution of labor and employment contracts and labor relations, and who are diagnosed with occupational diseases after leaving their jobs or their original units, can be identified as work-related injuries.

Second, in terms of the verification of benefits, it is stipulated that retired employees with work-related injuries can adopt the principle of "high", and choose the average salary paid in the 12 months before their retirement or the average pension in the 12 months before the diagnosis of occupational diseases as the base for the approval of benefits. The average paid wages of the person who terminates or dissolves the labor contract and the employment contract and the termination of the labor relationship shall be based on the average salary paid by the person before the termination or dissolution of the labor contract and the 12 months before the termination of the labor relationship.

Third, in terms of treatment payment, it is first clarified that the relevant responsible unit is the "employer specified in the occupational disease diagnosis"; Secondly, according to whether the employer pays work-related injury insurance premiums for the employee with the occupational disease in accordance with the law during the period of employment, two situations are stipulated: if the employee participates in the insurance and pays the premium, the work-related injury insurance** and the employer shall pay the benefits separately according to the regulations, and if the employee does not participate in the insurance payment, the employer shall pay all the benefits in accordance with the regulations.

The New Regulations on Work-related Injury Insurance are partially amended on the basis of the original Regulations on Work-related Injury Insurance. The regulation was promulgated on December 20, 2010 and came into force on January 1, 2011.

Legal analysis: If you are injured without a labor contract, you can apply to a labor dispute arbitration institution for labor relations arbitration. If a de facto employment relationship is established with the relevant employer, the employer can declare the work-related injury, and the employer will be liable for work-related injury compensation in accordance with the Regulations on Work-related Injury Insurance.

If a de facto employment relationship is not established, a civil lawsuit may be filed with the local people's court to protect rights.

Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

Therefore, if a labor contract is signed, but it can be proved that there is a de facto labor relationship with the employer, it can also be recognized as a work-related injury and is protected by the Regulations on Work-related Injury Insurance.