What are the new policies for work related injury insurance in the newly promulgated Social Insuranc

Work-related injury insurance is subject to the new Regulations on Work-related Injury Insurance, which came into effect on January 1, 2011, and mainly adds the circumstances under which work-related injuries such as self-injury and drunk driving accidents are not recognized.

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.

The legal basis for work-related injury insurance benefits is the Social Insurance Law and the Regulations on Work-related Injury Insurance. Employees injured at work enjoy the following work-related injury insurance benefits: if they are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; Medical expenses and expenses for work-related injuries; Other.

[Legal basis].

Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy that shall be enjoyed when the labor contract is terminated or terminated; (8) In the case of a work-related death, the funeral subsidy, the pension for supporting relatives and the work-related death subsidy; (9) Labor ability appraisal fees.

The new regulations on work-related injury insurance have been partially amended on the basis of the original. It is determined by Order No. 586 of the People's Republic of China promulgated on December 20, 2010 and came into force on January 1, 2011.

The newly revised "Regulations on Work-related Injury Insurance" mainly have the following six "highlights":

1. The scope of application of work-related injury insurance has been expanded. The scope of application of work-related injury insurance has been expanded to all kinds of public institutions and social organizations that are not managed with reference to the Civil Servants Law, as well as private non-enterprise units, associations, law firms, accounting firms and other organizations.

2. The adjustment expands the scope of work-related injury recognition. The scope of recognition has been expanded from the original motor vehicle accident injuries on the way to and from work to traffic accidents for which the person is not primarily responsible, as well as urban rail transit, passenger ferries and train accidents, benefiting more employees.

3. The procedures for determining work-related injuries have been simplified. The provisions on the pre-consideration of administrative reconsideration in the handling of disputes over the determination of work-related injuries have been abolished, and the time for the determination of work-related injuries has been shortened; A simplified procedure for the determination of work-related injuries has been set up, and the time limit for the determination of work-related injury determination applications where the facts are clear and there is no dispute between the two parties has been shortened from the original 60 days to 15 days.

Fourth, the benefits of work-related injury insurance have been greatly increased. The standard of one-time work-related death allowance has been increased from the average monthly wage of employees in the overall planning area for 48 to 60 months in the previous year to 20 times the per capita disposable income of urban residents in the previous year. At the same time, the one-time disability allowance for disabled employees has been adjusted.

Fifth, the ** expenditure items have been added. The "hospital meal subsidy", "transportation and lodging expenses for medical treatment outside the co-ordinated area" and "one-time medical subsidy when the labor relationship is terminated or terminated" originally paid by the employer will be paid by the work-related injury insurance**.

Sixth, the force of coercion has been increased. A new provision has been added that the payment of medical expenses for work-related injuries shall not be stopped during the period of administrative reconsideration and administrative litigation. Administrative penalties for employers who do not participate in work-related injury insurance and refuse to assist in the investigation and verification of work-related injury determination have been added, and the compulsory force of work-related injury insurance has been increased.

Legal analysis: The detailed rules for the implementation of work-related injury insurance stipulate the following: the circumstances that shall be recognized as work-related injuries and those that are deemed to be work-related injuries; Time limit for applying for work-related injury determination; Materials to be submitted when applying for work-related injury determination; The time limit for the social insurance administrative department to make a decision on the determination of work-related injuries; The medical and health expert database of the Labor Ability Appraisal Committee, and the conditions for medical and health professional and technical personnel included in the expert database; Other.

Legal basisLegal basis: "Regulations on Work-related Injury Insurance" Article 14 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) being injured in an accident due to work-related reasons during working hours and in the workplace before filial piety; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing 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) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: The detailed rules for the implementation of work-related injury insurance stipulate the following: the circumstances that shall be recognized as work-related injuries and those that are deemed to be work-related injuries; Time limit for applying for work-related injury determination; Materials to be submitted when applying for work-related injury determination; The social insurance administrative department shall include the time limit for making a decision on the determination of work-related injuries; The medical and health expert database of the Labor Ability Appraisal Committee, and the conditions for medical and health professional and technical personnel included in the expert database; Other.

[Legal basis].Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) Knowing that the mu is closed due to the period of going out for work, and is injured due to the work of the forest, or the whereabouts of the accident are unknown; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.