Regulations on Work-Related Injury Insurance (Revised in 2010)
Regulations on Work-Related Injury Insurance (Revised in 2010)
Regulations on Work-Related Injury Insurance (Revised in 2010)
Order of the State Council No. 586
December 20, 2010
(Promulgated by the Order of the State Council No. 375 on April 27, 2003; revised in accordance with the Decision of the State Council on the Revision of the Regulations on Work-Related Injury Insurance)
Chapter I General Provisions
Article 1 These Regulations are formulated in order to guarantee the availability of medical treatment and economic compensation to employees who suffer from work-related accidental injuries or occupational diseases, facilitate the prevention of work-related injuries and professional rehabilitation, and spread work-related injury risks assumed by employers.
Article 2 Enterprises, public institutions, social bodies, privately-owned non-enterprise entities, foundations, law firms, accounting firms, and other organizations as well as individual business operators with hired workers within the territory of the People's Republic of China in China ( hereinafter referred to as the "employers") shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of their staff members or hired workers (hereinafter referred to as employees) in accordance with the provisions hereof.
The employees of public institutions, social bodies, privately-owned non-enterprise entities, foundations, law firms, accounting firms, and other organizations and the hired workers of individual business operators within the territory of the People's Republic of China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the provisions hereof.
Article 3 The collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Premiums relating to the collection and payment of basic endowment insurance premiums, basic medical care insurance premiums and unemployment insurance premiums.
Article 4 An employer shall make known within itself the relevant details of its participation in work-related injury insurance.
An employer and its employees shall abide by the laws and regulations regarding safe production and the prevention and treatment of occupational diseases, implement rules and standards for safety and sanitation, prevent the occurrence of work-related injury accidents and avoid and reduce occupational diseases.
Where an employee suffers from work-related injury, the Employer shall adopt measures to ensure that such employee receives timely medical treatments.
Article 5 The administrative department of social insurance of the State Council shall be in charge of the work of work-related injury insurance throughout China.
The administrative departments of social insurance of local people's governments at the county level and above shall be in charge of work-related injury insurance work within their respective administrative areas.
The social insurance agencies established by the administrative departments of social insurance in accordance with the relevant provisions of the State Council (hereinafter referred to as agencies) shall undertake the specific affairs of work-related injury insurance.
Article 6 The administrative departments of social insurance and other departments shall seek the opinion of trade unions and representatives of employers when formulating policies and standards for work-related injury insurance.
Chapter II Work-related Injury Insurance Funds
Article 7 Work-related injury insurance funds consist of work-related injury insurance premiums paid by employers, interest on work-related injury insurance funds and other funds included in the work-related injury insurance funds in accordance with law.
Article 8 The premium rate for work-related injury insurance shall be determined on the basis of the principles of payment-based receipt and balance between receipt and payment.
The State shall determine differential premium rates for industries according to the degree of risk of work-related injuries in different industries and shall determine several tiers of premium rates within each industry on the basis of circumstances such as the employment of work-related injury insurance premiums and the frequency of occurrence of work-related injuries. Differential premium rates for industries and intra-industry premium rate tiers shall be formulated by the administrative department of social insurance of the State Council and shall be promulgated and implemented upon approval by the State Council.
The agencies for regions which are integrally planed shall, on the basis of such circumstances such as the employment of work-related injury insurance premiums and the frequency of occurrence of work-related injuries of an employer, determine a premium rate payable by the employer by applying an appropriate premium rate tier applicable to the industry in which the employer is.
Article 9 The administrative department of social insurance of the State Council shall periodically obtain the details of receipt and payment of work-related injury insurance funds of all of the integrally planed regions throughout China, and shall promptly put forward a plan for the adjustment of differential premium rates for industries and intra-industry premium rate tiers. Such plan shall be promulgated and implemented upon approval by the State Council.
Article 10 Employers shall pay work-related injury insurance premiums on time. Employees need not pay work-related injury insurance premiums themselves.
The amount of work-related injury insurance premium payable by an employer shall be the total payroll of its employees multiplied by its premium rate.
For any industry in which it is difficult to pay work-related injury insurance premiums on the basis of the gross amount of wages, specific methods for paying such premiums shall be specified by the administrative department of social insurance of the State Council.
Article 11 Work-related injury insurance funds shall be gradually subject to planning as a whole on a province-wide basis.
An inter-region industry or an industry with a high degree of production mobility may participate in the work-related injury insurance in regions which are planed as a whole by way of relative concentration. Specific measures shall be formulated by the administrative department of social insurance of the State Council in conjunction with the department in charge of the relevant industry.
Article 12 Work-related injury insurance funds shall be deposited into a financial account dedicated for social security funds and shall be used for the payment of benefits of work-related injury insurance, the fees for the work capability assessment, the publicity and trainings with respect to work-related injury prevention and other expenses prescribed herein and the payment of other expenses required by laws or regulations to be used for work-related injury insurance.
Specific measures for the withdrawal ratio, use and administration of work-related injury prevention expenses shall be specified by the administrative department of social insurance of the State Council in conjunction with the department of finance, the administrative department of public health and the department of safe production supervision and administration under the State Council.
No entity or individual may use the work-related injury insurance funds for investment and operation, construction or reconstruction of offices or distribution of bonuses, or appropriate such funds for other purposes.
Article 13 A certain percentage of the work-related injury insurance funds shall be maintained as reserves for the payment of work-related injury insurance benefits in the event of major accidents in integrally planed regions. Where the reserves are insufficient for such payment, the people's governments of such regions shall make an advance payment. The specific ratio of reserves to the total amount of funds and the procedures for the use of reserves shall be specified by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.
Chapter III Determination of Work-related Injuries
Article 14 Under any of the following circumstances, an employee shall be determined as suffering a work-related injury:
1. Where he is injured in an accident at work during working hours in the workplace;
2. Where he is injured in an accident while engaging in preparatory or winding-up work related to his work before or after working hours in the workplace;
3. Where he is injured by violence or in any other accident in connection with the performance of his duties during working hours in the workplace;
4. Where he suffers from an occupational disease;
5. Where, during a work-related travel, he is injured in connection with his work or his whereabouts become unknown after an accident;
6. Where he is injured in a traffic accident for which he is not principally responsible or in a city rail transit, passenger ferry and train accident while going to or returning from work.; or
7. Other circumstances specified in laws and administrative regulations in which it is determined that he suffers a work-related injury.
Article 15 Under any of the following circumstances, an employee shall be deemed as suffering a work-related injury:
1.
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