Chapter I General Principles
Article 1 These Regulations are formulated in order to ensure that employees who suffer from accidents or occupational diseases at work receive medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the risk of work-related injuries of employers. Article 2 Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in People's Republic of China (PRC) and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees). Employees of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and employees of individual industrial and commercial households in People's Republic of China (PRC) have the right to enjoy treatment of industrial injury insurance in accordance with the provisions of these regulations. 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 Fees on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums. Article 4 The employing unit shall publicize the relevant information about participating in work-related injury insurance within the unit. Employers and workers shall abide by the laws and regulations on production safety and occupational disease prevention and control, implement safety and health regulations and standards, prevent work-related accidents, and avoid and reduce occupational hazards. When an employee suffers from a work-related injury, the employing unit shall take measures to enable the employee to receive timely treatment. Article 5 The administrative department of social insurance in the State Council shall be in charge of the work of industrial injury insurance nationwide. The social insurance administrative department of the local people's government at or above the county level shall be responsible for the work-related injury insurance within its administrative area. The social insurance agency established by the administrative department of social insurance in accordance with the relevant provisions of the State Council (hereinafter referred to as the agency) specifically undertakes work-related injury insurance affairs. Article 6 When formulating policies and standards for work-related injury insurance, social insurance administrative departments and other departments shall solicit the opinions of trade union organizations and representatives of employers.
Edit Chapter II of this paragraph: Industrial Injury Insurance Fund
Article 7 The work-related injury insurance fund consists of the work-related injury insurance premium paid by the employer, the interest of the work-related injury insurance fund and other funds incorporated into the work-related injury insurance fund according to law. Article 8 The rate of work-related injury insurance shall be determined according to the principle of fixed income by expenditure and balance of payments. According to the degree of industrial injury risk in different industries, the state determines the differential rates in different industries, and determines a number of rate grades in each industry according to the use of industrial injury insurance premiums and the incidence of industrial injuries. Industry differential rates and intra-industry rates shall be formulated by the administrative department of social insurance of the State Council, and promulgated and implemented after being approved by the State Council. According to the use of work-related injury insurance premiums and the occurrence of work-related injuries by employers, agencies in various regions shall determine the unit payment rate according to the corresponding rate grades of their respective industries. Article 9 The administrative department of social insurance in the State Council shall regularly know about the income and expenditure of industrial injury insurance funds in various regions of the country, and put forward a plan to adjust the industry differential rates and intra-industry rates in time, which shall be promulgated and implemented after being approved by the State Council. Article 10 The employing unit shall pay the work-related injury insurance premium on time. Individual employees do not pay work-related injury insurance premiums. The amount of work-related injury insurance premium paid by the employer is the product of the total wages of employees multiplied by the unit payment rate. For industries that have difficulties in paying work-related injury insurance premiums according to the total wages, the specific payment methods of work-related injury insurance premiums shall be stipulated by the administrative department of social insurance of the State Council. Eleventh industrial injury insurance fund gradually implemented at the provincial level as a whole. Cross-regional industries with large production mobility can participate in industrial injury insurance in different places in a relatively centralized way. The specific measures shall be formulated by the administrative department of social insurance of the State Council in conjunction with the relevant departments in charge of industry. Article 12 Work-related injury insurance funds shall be deposited in the financial special account of social security funds to pay for work-related injury insurance benefits, labor ability appraisal, publicity and training on work-related injury prevention and other work-related injury insurance fees as stipulated by laws and regulations. Specific measures for the proportion, use and management of work-related injury prevention expenses shall be formulated by the administrative department of social insurance of the State Council in conjunction with the departments of finance, health administration and safety production supervision and management of the State Council. No unit or individual may use the industrial injury insurance fund for investment, operation, construction or decoration of office space, bonus payment or other purposes. Thirteenth industrial injury insurance fund should keep a certain proportion of reserves for the overall payment of industrial injury insurance benefits for major accidents in the region; If the reserve fund is insufficient to pay, it shall be paid in advance by the people's government of the overall planning area. The specific proportion of the reserve fund to the total fund and the measures for the use of the reserve fund shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Edit the third chapter of this paragraph.
Article 14 An employee shall be deemed as a work-related injury under any of the following circumstances: (1) Being injured by an accident during working hours and workplace; (two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident; (three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries; (4) Suffering from occupational diseases; (five) during the business trip, injured or missing due to work reasons; (six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible; (seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations. Article 15 An employee shall be deemed as a work-related injury under any of the following circumstances: (1) He died of sudden illness during working hours or at his post or died after being rescued within 48 hours; (2) safeguarding national interests and public interests in emergency rescue and disaster relief activities; (3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer. Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations. Article 16 An employee meets the provisions of Articles 14 and 15 of these Regulations, but under any of the following circumstances, it shall not be deemed as a work-related injury or regarded as a work-related injury: (1) Intentionally committing a crime; (2) Being drunk or taking drugs; (3) Self-mutilation or suicide. Article 17 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of the diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality. If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period. Article 18 To apply for work-related injury identification, the following materials shall be submitted: (1) An application form for work-related injury identification; (two) the existence of labor relations with the employer (including factual labor relations); (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate). The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees. If the materials provided by the applicant for work-related injury identification are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented at one time. The administrative department of social insurance shall accept the corrected materials after the applicant has been informed in writing. Article 19 After accepting the application for ascertainment of work-related injuries, the social insurance administrative department may investigate and verify the accident injuries according to the needs of examination, and the employing units, employees, trade unions, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the identification of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. The social insurance administrative department will no longer investigate and verify the personnel who have obtained the occupational disease diagnosis certificate or occupational disease diagnosis and appraisal certificate according to law. If the employee or his close relatives think it is a work-related injury and the employer does not think it is a work-related injury, the employer shall bear the burden of proof. Article 20 The administrative department of social insurance shall, within 60 days from the date of accepting the application for ascertainment of work-related injuries, make a decision on ascertainment of work-related injuries, and notify in writing the employees who apply for ascertainment of work-related injuries or their close relatives and the units where the employees work. The administrative department of social insurance shall, within 15 days, make a work-related injury determination decision on the application with clear facts and clear rights and obligations. If it is necessary to make a work-related injury determination decision according to the conclusion of the judicial organ or the relevant administrative department, the time limit for making a work-related injury determination decision shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion. If the staff of the social insurance administrative department has an interest in the applicant for work-related injury identification, they should withdraw.
This paragraph is amended as "Chapter IV Appraisal of Labor Ability".
Twenty-first workers with work-related injuries are disabled, and their working ability is relatively stable after treatment, so they should be appraised. Twenty-second labor ability appraisal refers to the level appraisal of the degree of labor dysfunction and self-care disorder. Labor dysfunction is divided into ten levels of disability, the heaviest being 1 level, and the lightest being1level. There are three levels of self-care obstacles: life can't take care of itself at all, most of life can't take care of itself, and some of life can't take care of itself. The labor ability appraisal standard shall be formulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council. Twenty-third labor ability appraisal by the employer, workers or their close relatives to the city labor ability appraisal committee, and provide workers with work-related injury appraisal decisions and medical treatment related information. Article 24 The labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government and the labor ability appraisal committees of cities divided into districts are composed of representatives of social insurance administrative departments, health administrative departments, trade union organizations, handling agencies and employing units of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts respectively. The labor ability appraisal Committee establishes a medical and health expert database. Medical and health professional and technical personnel included in the expert database shall meet the following conditions: (1) Having the qualifications for senior professional and technical positions in medical and health; (two) to master the relevant knowledge of labor ability appraisal; (3) Having good professional ethics. Twenty-fifth districts of the city labor ability appraisal committee after receiving the application for labor ability appraisal, it 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 the appraisal opinions. According to the expert group's appraisal opinions, the municipal labor ability appraisal committee with districts makes a conclusion on the labor ability appraisal of workers with work-related injuries; When necessary, a qualified medical institution may be entrusted to assist in the relevant diagnosis. The municipal labor ability appraisal committee with districts shall make a conclusion of labor ability appraisal within 60 days from the date of receiving the application for labor ability appraisal. When necessary, the time limit for making the conclusion of labor ability appraisal may be extended by 30 days. The conclusion of labor ability appraisal shall be delivered to the units and individuals applying for appraisal in time. Article 26 If an entity or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee with districts, it may, within 5 days from the date of receiving the appraisal conclusion, apply to the labor ability appraisal committee of a province, autonomous region or municipality directly under the Central Government for re-appraisal. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final. Twenty-seventh labor ability appraisal work should be objective and fair. If a member of the labor ability appraisal committee or an expert participating in the appraisal has an interest with the party concerned, he shall withdraw. Twenty-eighth from the date of the conclusion of the labor ability appraisal 1 year later, if the injured workers or their close relatives, their units or agencies think that the disability situation has changed, they can apply for the re-examination and appraisal of the labor ability. Article 29 The time limit for the labor ability appraisal committee to apply for re-appraisal and re-appraisal in accordance with the provisions of Articles 26 and 28 of these regulations shall be implemented in accordance with the provisions of Paragraph 2 of Article 25 of these regulations.
Edit the fifth chapter of this paragraph.
Thirtieth employees who suffer from accidents or occupational diseases at work shall enjoy medical treatment for work-related injuries. Workers with work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid. If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments. Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses required for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area. Workers with work-related injuries who treat non-work-related diseases do not enjoy medical treatment for work-related injuries, and shall be treated according to the basic medical insurance method. The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements. Thirty-first administrative reconsideration or administrative litigation occurs after the social insurance administrative department makes a decision to identify work-related injuries, and during the administrative reconsideration and administrative litigation, the medical expenses for treating work-related injuries will not stop paying. Article 32 Workers with work-related injuries may install artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other assistive devices due to their daily life or employment needs, and the required expenses shall be paid from the work-related injury insurance fund according to the standards stipulated by the state. Article 33 If an employee suffers from an accident or occupational disease at work and needs to be suspended from work to receive medical treatment for work-related injuries, the original salary and welfare benefits will remain unchanged during the paid suspension, and the unit where he works will pay him monthly. The paid shutdown period generally does not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries. Workers with work-related injuries who can't take care of themselves need care during the paid shutdown period, and their units are responsible for it. Thirty-fourth workers with work-related injuries who have been assessed as disabled and confirmed by the labor ability appraisal committee need life care, the work-related injury insurance fund will pay the life care fee on a monthly basis. Life care fees are paid according to three different levels: completely unable to take care of themselves, mostly unable to take care of themselves or partially unable to take care of themselves, and their standards are 50%, 40% or 30% of the average monthly salary of employees in the overall planning area respectively. Article 35 If an employee is identified as a first-class to fourth-class disability due to work, he/she will retain his/her labor relationship and quit his/her post, and enjoy the following benefits: (1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level, with the standards as follows: first-class disability for 27 months, second-class disability for 25 months, third-class disability for 23 months, and fourth-class disability for 2 1 month; (2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference; (3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. Workers who are disabled due to work are identified as one to four levels of disability, and the employer and individual employees pay the basic medical insurance premium on the basis of disability allowance. Article 36. Workers who are disabled due to work and are identified as five or six levels of disability enjoy the following benefits: (1) A one-time disability subsidy is paid by the industrial injury insurance fund according to the disability level. The standard is: level 5 disability is my salary 18 months, and level 6 disability is my salary 16 months; (two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. (1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the disability level, with the standards as follows: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months. (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Thirty-eighth workers who need treatment for the recurrence of work-related injuries shall enjoy the treatment of work-related injuries stipulated in Articles 30, 32 and 33 of these Regulations. Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the six-month average salary of employees in the overall planning area last year; (2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council; (three) the standard of one-time work death allowance is 20 times of the per capita disposable income of urban residents in the previous year. If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of his unpaid leave, his close relatives may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article. Fortieth disability allowance, pension for dependent relatives, and living nursing expenses shall be adjusted in a timely manner by the social insurance administrative department in the overall planning area according to the changes in the average salary and living expenses of employees. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Forty-first employees who go out for work or whose whereabouts are unknown during emergency rescue and disaster relief shall be paid wages within 3 months from the month of the accident, and wages shall be stopped from the fourth month. The industrial injury insurance fund shall pay pensions to its dependent relatives on a monthly basis. Life is difficult, you can advance 50% of the one-time work death subsidy. If an employee is declared dead by the people's court, it shall be handled in accordance with the provisions of Article 39 of this Ordinance on the death of an employee due to work. Article 42 Employees who suffer from work-related injuries shall cease to enjoy the benefits of work-related injury insurance under any of the following circumstances: (1) They lose the conditions for enjoying the benefits; (two) refused to accept the labor ability appraisal; (3) refusing treatment. Article 43 Where the employing unit is divided, merged or transferred, the successor unit shall bear the industrial injury insurance liability of the original employing unit; If the original employer has participated in work-related injury insurance, the successor unit shall go to the local agency to register the change of work-related injury insurance. Where the employing unit conducts contracted operation, the responsibility for work-related injury insurance shall be borne by the unit where the employee's labor relations are located. If an employee is injured by an industrial accident during the secondment period, the original employer shall bear the responsibility of industrial injury insurance, but the original employer and the secondment unit may agree on compensation measures. If an enterprise goes bankrupt, the industrial injury insurance benefits that should be paid by the unit shall be distributed according to law at the time of bankruptcy liquidation. Article 44 If an employee is sent to work abroad and should take part in local industrial injury insurance according to the laws of the country or region where he goes, he should take part in local industrial injury insurance, and his domestic industrial injury insurance relationship is terminated; Can not participate in local industrial injury insurance, its domestic industrial injury insurance relationship is not suspended. Forty-fifth employees who suffer work-related injuries again and should enjoy disability allowance according to the regulations shall enjoy disability allowance according to the newly recognized disability grade.
Edit chapter VI supervision and management of this paragraph.
Article 46 An agency undertaking work-related injury insurance shall perform the following duties: (1) Collecting work-related injury insurance premiums in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; (two) to verify the total wages of the employer and the number of employees, handle the registration of work-related injury insurance, and be responsible for keeping the records of the employer's payment and the employees' enjoyment of work-related injury insurance benefits; (three) to carry out work-related injury insurance investigation and statistics; (four) in accordance with the provisions of the management of industrial injury insurance fund expenditure; (five) in accordance with the provisions of the examination and approval of work-related injury insurance benefits; (six) to provide free consulting services for employees or their close relatives. Forty-seventh agencies and medical institutions, auxiliary equipment configuration institutions signed a service agreement on the basis of equal consultation, and announced the list of medical institutions and auxiliary equipment configuration institutions signed a service agreement. The specific measures shall be formulated by the administrative department of social insurance of the State Council in conjunction with the administrative department of health and the civil affairs department of the State Council. Forty-eighth agencies in accordance with the agreement and the relevant national catalogues and standards, the use of medical expenses, rehabilitation expenses, assistive devices, and timely and full settlement of expenses. Forty-ninth agencies should regularly publish the income and expenditure of the industrial injury insurance fund, and timely put forward suggestions to the administrative department of social insurance to adjust the rate. Fiftieth social insurance administrative departments and agencies shall regularly listen to the opinions of workers, medical institutions, assistive devices allocation institutions and all sectors of society on improving work-related injury insurance. Article 51 The administrative department of social insurance shall supervise and inspect the collection of work-related injury insurance premiums and the payment of work-related injury insurance funds according to law. The financial department and the auditing organ shall supervise the income and expenditure and management of the industrial injury insurance fund according to law. Article 52 Any organization or individual has the right to report illegal acts related to industrial injury insurance. The administrative department of social insurance shall promptly investigate the report, deal with it in accordance with the provisions, and keep the informant confidential. Article 53 Trade unions shall safeguard the legitimate rights and interests of workers who suffer work-related injuries according to law and supervise the work-related injury insurance of employers. Article 54 Where a dispute arises between a laborer and an employer over the treatment of work-related injuries, it shall be handled in accordance with the relevant provisions on handling labor disputes. Article 55 Under any of the following circumstances, the relevant unit or individual may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law: (1) The employee who applied for work-related injury identification or his close relatives or the unit where the employee works refuses to accept the application for work-related injury identification; (two) the employees who apply for work-related injury identification or their close relatives and the units where the employees work are dissatisfied with the conclusion of work-related injury identification; (three) the employer refuses to accept the unit payment rate determined by the agency; (four) the medical institutions and auxiliary equipment allocation institutions that have signed the service agreement think that the agency has not fulfilled the relevant agreements or regulations; (five) employees or their close relatives have objections to the treatment of work-related injury insurance approved by the agency.
Edit this paragraph of Chapter VII Legal Liability.
Fifty-sixth units or individuals who misappropriate the industrial injury insurance fund in violation of the provisions of Article 12 of these regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished or disciplined according to law. The misappropriated fund shall be recovered by the administrative department of social insurance and incorporated into the industrial injury insurance fund; Confiscated illegal income shall be turned over to the state treasury according to law. Fifty-seventh social insurance administrative department staff in any of the following circumstances, shall be punished according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law: (1) refusing to accept the application for work-related injury identification without justifiable reasons, or practicing fraud to identify the work-related injury that does not meet the conditions for work-related injury identification as a work-related injury; (2) Failing to properly keep the evidence materials of work-related injury identification, resulting in the loss of relevant evidence; (3) accepting the property of the party concerned. Fifty-eighth agencies have one of the following acts, the administrative department of social insurance shall order it to make corrections, and the directly responsible person in charge and other responsible personnel shall be given disciplinary sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law; If economic losses are caused to the parties concerned, the agency shall be liable for compensation according to law: (1) Failing to keep records of the employer's payment and the employees' enjoyment of work-related injury insurance benefits; (two) not according to the provisions of the approved treatment of work-related injury insurance; (3) accepting the property of the party concerned. Fifty-ninth medical institutions, auxiliary equipment configuration institutions do not provide services in accordance with the service agreement, the agency may terminate the service agreement. If the agency fails to settle the expenses in full and on time, the administrative department of social insurance shall order it to make corrections; The medical institution and the auxiliary device configuration institution may terminate the service agreement. Article 60 Where an employer, an employee with work-related injury or his close relatives defraud the treatment of work-related injury insurance, and a medical institution or an assistive device allocation institution defraud the expenditure from the work-related injury insurance fund, the social insurance administrative department shall order it to be returned and impose a fine of more than 2 times and less than 5 times the amount defrauded; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. Article 61 If an organization or individual engaged in labor ability appraisal has any of the following circumstances, the social insurance administrative department shall order it to make corrections and impose a fine of more than 2,000 yuan/kloc-0,000 yuan; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law: (1) providing false expert opinions; (2) Providing false diagnosis certificates; (3) accepting the property of the party concerned. Article 62 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 back the work-related injury insurance premium that should be paid, and impose a daily overdue fine of 0.5 ‰ from the date of default; Failing to pay within the time limit, a fine of 1 times shall be imposed. According to this article