What is the content of Article 2 of Opinion 2 on Several Issues Concerning Work related Injury Insur

Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (2) Issuing Authority: Ministry of Human Resources and Social Security Date of Issue: March 28, 2016.

Timeliness Current Reference Number Ministry of Human Resources and Social Security 2016 No. 29 Effective Date 2016-03-28.

2. If a person reaches or exceeds the statutory retirement age, but fails to go through the retirement formalities or does not enjoy the basic old-age insurance benefits for urban employees in accordance with the law, and continues to be injured in an accident or suffers from an occupational disease while working at the original employer, the employer shall bear the liability for work-related injury insurance in accordance with the law.

If an employer recruits a person who has reached or exceeded the statutory retirement age or has received the basic pension insurance benefits for urban employees, and is injured by an accident or suffers from an occupational disease due to work-related reasons during the employment period, the Regulations on Work-related Injury Insurance shall apply if the employing unit has paid work-related injury insurance premiums for the employee by participating in the insurance according to the project.

Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (2): Article 2 If a person reaches or exceeds the statutory retirement age, but fails to go through the retirement formalities or does not enjoy the basic old-age insurance benefits for urban employees in accordance with the law, and continues to be injured by an accident or suffers from an occupational disease while working at the original employer, the employer shall bear the liability for work-related injury insurance in accordance with the law.

Yang Sen, the generalissimo of the four saints of the Lingxiao Treasure Hall.

Several Opinions (2) of the Regulations on Work-related Injury Insurance stipulate that if an injured employee dies, the close relatives choose to receive either work-related injury insurance or basic pension insurance for employees.

Legal basis: Article 3 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance stipulates that the "expenses incurred by Xinsanhui" as stipulated in Article 62 of the Regulations on Work-related Injury Insurance refer to the expenses incurred by employees who have suffered work-related injuries before the employer participates in work-related injury insurance, and after participating in work-related injury insurance. Among them, the expenses paid by work-related injury insurance** are treated according to different circumstances:

1) In case of work-related injury, pay the medical expenses for work-related injuries, work-related injury expenses, in-hospital meal subsidies, transportation and accommodation expenses for medical treatment outside the overall planning area, auxiliary equipment allocation expenses, living care expenses, disability allowance for disabled employees of the first to fourth grades, and one-time medical subsidies for work-related injuries when the labor contract is terminated after participating in the insurance;

2) In the event of a work-related death, the new pension for eligible dependent relatives shall be paid after the insurance is insured.

After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The appraisal committee of the labor ability of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

2. The labor ability appraisal committee at the level of a city divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

Legal basis: Article 25 of the Regulations on Work-related Injury Insurance.

After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

The labor ability appraisal committee at the level of a city divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the evaluation of the ability to perform the evaluation shall be promptly sent to the unit or individual applying for the evaluation.

The basic meaning of Article 62 is that work-related injury insurance is compulsory insurance of the state, and the employer shall participate unconditionally, otherwise, in addition to accepting administrative penalties, it should also bear the expenses that should have been paid by the work-related injury insurance**.

Legal basis: Article 62 of the Regulations on the Administration of Work-related Injury Insurance: If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. Forest file.

If an employee of an employer who should participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Legal analysis: Work-related injury insurance shall be deposited into the special financial account of social security for the payment of work-related injury insurance benefits, labor ability appraisal and other expenses for work-related injury insurance stipulated in laws and regulations. No unit or individual shall use work-related injury insurance** for investment and operation, construction or renovation of office space, bonuses, or other purposes.

Legal basis: Regulations on Work-related Injury Insurance Article 12 Work-related injury insurance shall be deposited into the special financial account of social security for the payment of work-related injury insurance benefits, labor ability appraisal, work-related injury prevention, training and other expenses stipulated in these Regulations, as well as other expenses for work-related injury insurance stipulated by laws and regulations.

The specific methods for the extraction, use and management of work-related injury prevention expenses shall be prescribed by the social insurance administrative department in conjunction with the financial and military affairs and administration, health administration, production safety supervision and management departments.

No unit or individual shall use work-related injury insurance** for investment and operation, construction or renovation of office space, bonuses, or other purposes.

1.With regard to the responsibilities of work-related injury insurance for employees in the regulations on work-related injury insurance, Kaiku shall clarify the responsibilities of employees and employers to ensure that the rights and interests of employees are effectively protected.

2.Appropriate economic compensation shall be given to employees based on the actual losses of employees in the regulations on work-related injury insurance, so as to ensure that the rights and interests of employees are effectively protected.

3.With regard to the medical security of employees' work-related injury insurance in the regulations on work-related injury insurance, the medical security rights of employees shall be clarified to ensure that the medical security of employees is effectively guaranteed.

4.With regard to the occupational health examination of employees related to work-related injury insurance in the regulations on work-related injury insurance, the right of employees to occupational health examination shall be clarified to ensure that the occupational health of employees is effectively protected.

5.With regard to the vocational training related to work-related injury insurance for employees in the Regulations on Work-related Injury Insurance, the rights of employees to vocational training shall be clarified to ensure that the vocational skills of employees can be quickly and effectively improved.

According to the provisions of the "Regulations for the Implementation of the Regulations on Work-related Injury Insurance", opinions on the implementation of the regulations on the dismantling of sedan cars with bases should be issued at least once a year. In addition, you can also check the latest Peifan documents issued by relevant departments through the Internet to understand the latest implementation opinions of work-related injury insurance regulations.

According to Article 37 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for each other relative, and 10 per month for each elderly or orphan who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards of the reputation shall be reported to the people of the provinces, autonomous regions and municipalities directly under the Central Government for the record according to the provisions of the local economic and social development conditions.

If a disabled employee dies as a result of a work-related injury during the period of suspension of work and salary, his or her immediate family members shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Among them, 40 per cent of the pension for dependent relatives is paid to the spouse and 30 per cent to other relatives, and the child is paid until the child reaches the age of 18.

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