Your case, the specific amount of compensation, should take medical records to find a lawyer to explain the details, and then by the lawyer to judge,
I think at least should claim medical expenses, wages during the period of injury, nutritional costs, the after-effects lead to a certain period of time can not work in the future to compensate for,
Chapter III of the recognition of work-related injuries
Article 14 An employee shall be recognized as injured at work if one of the following circumstances applies:
(1) injured in an accident during working hours and in the workplace due to work-related reasons;
(2) injured in an accident in the workplace before or after working hours while engaged in preparatory or finishing work related to work;
(3) injured accidentally in the performance of work-related duties in the workplace during working hours or at work due to violence, etc.
Article 14: Recognition of Work-Related Injuries
(4) suffering from occupational disease;
(5) being injured due to work or being unaccounted for in an accident while away from work;
(6) being injured in a motor vehicle accident while commuting to and from work;
(7) other circumstances stipulated by laws and administrative regulations that should be recognized as a work-related injury.
Article 15 An employee shall be deemed to have suffered a work-related injury if he or she suffers any of the following circumstances:
(1) death from a sudden illness during working hours and at the workplace, or death within 48 hours after failure to save the patient;
(2) injury sustained in the course of activities to safeguard the interests of the state or the public **** interests, such as rescue and relief of disaster; and
(3) injury resulting from war or duty-related injuries to an employee who was originally in the military service, or from an injury sustained in the course of war or duty-related injuries to an employee who was originally in the military service. Disabled as a result of war or service-incurred injuries, has obtained a revolutionary disabled soldier's certificate, and the old injury recurred after coming to the employer's unit.
If an employee is in the situation of items (1) and (2) of the preceding paragraph, he shall be entitled to work-related injury insurance treatment in accordance with the relevant provisions of these Regulations; if an employee is in the situation of item (3) of the preceding paragraph, he shall be entitled to work-related injury insurance treatment other than lump-sum disability benefit in accordance with the relevant provisions of these Regulations.
Article 16 An employee shall not be recognized as injured at work or regarded as injured at work in any of the following cases:
(1) injury or death caused by crime or violation of public security administration;
(2) injury or death caused by intoxication;
(3) self-inflicted injuries or suicide.
Article 17 If an employee is injured in an accident or is diagnosed or recognized as having an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit in which the employee is employed shall, within 30 days from the date on which the accidental injury occurs or the employee is diagnosed or recognized as having an occupational disease, submit an application for recognition of the injury to the administrative department of labor security of the co-ordinating region. In the event of special circumstances, the time limit for application may be appropriately extended with the consent of the labor security administrative department.
If the employer fails to submit an application for recognition of work injury in accordance with the preceding paragraph, the injured employee, or his/her immediate family members, or the trade union organization may, within one year from the date of occurrence of the accidental injury or from the date of diagnosis or appraisal of the occupational disease, directly submit an application for recognition of work injury to the administrative department of labor security of the co-ordinating region where the employer is located.
Matters that should be recognized as work-related injuries by the provincial labor security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the municipal labor security administrative department of the district where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for work-related injury recognition within the time limit stipulated in the first paragraph of this Article, the employer shall bear the expenses incurred during this period for treatment of work-related injuries in accordance with the provisions of these Regulations.
Article 18 An application for recognition of work injury shall be submitted with the following materials:
(1) an application form for recognition of work injury;
(2) documents proving the existence of a labor relationship with the employer (including a de facto labor relationship);
(3) a certificate of medical diagnosis or diagnosis of an occupational disease (or diagnosis of an occupational disease).
The application form for the recognition of work-related injuries shall include the time, place and cause of the accident, as well as the degree of injury to the employee and other basic information.
Incomplete materials provided by the applicant for work-related injuries, the administrative department of labor security shall inform the applicant of work-related injuries in a one-time written notice of all the materials that need to be corrected. The applicant in accordance with the written notice of the requirement to make corrections, the administrative department of labor security shall accept.
Article 19 of the administrative department of labor security accepts the application for recognition of work-related injuries, according to the audit needs can be investigated and verified the accidental injuries, employers, employees, trade unions, medical institutions, and the relevant departments shall be assisted. 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. In accordance with the law to obtain a certificate of diagnosis of occupational diseases or diagnosis of occupational diseases, the administrative department of labor security will no longer be investigated and verified.
If the employee or his/her immediate family believes that he/she is injured at work, and the employer does not believe that he/she is injured at work, the employer shall bear the burden of proof.
Article 20 The administrative department of labor security shall make a decision on the determination of work injury within 60 days from the date of acceptance of the application for the determination of work injury, and shall notify in writing the employee who applies for the determination of work injury, or his or her immediate family members, and the employing unit to which the employee belongs.
Where a staff member of the administrative department of labor security has an interest in the applicant for the determination of work-related injuries, he or she shall recuse himself or herself.
Chapter IV Labor Capacity Determination
Article 21 If an employee suffers a work-related injury, and after treatment the injury is relatively stabilized, there is a disability that affects his or her labor capacity, a labor capacity determination shall be made.
Article 22: Labor capacity appraisal refers to the degree of impairment of labor function and the degree of impairment of self-care of life grade appraisal.
Labor function impairment is divided into ten disability grades, with the heaviest being grade one and the lightest being grade ten.
There are three levels of impairment of self-care: totally unable to take care of oneself, mostly unable to take care of oneself and partially unable to take care of oneself.
The criteria for appraisal of labor capacity are formulated by the State Council's administrative department of labor security in conjunction with the State Council's administrative department of health and other departments.
Article 23 The appraisal of labor capacity shall be made by the employer, the injured employee or his/her immediate family members to the municipal labor capacity appraisal committee of the district, and the decision on the determination of the injury and the relevant information on the medical treatment of the injury shall be provided.
Article 24 The labor capacity appraisal committees of provinces, autonomous regions and municipalities directly under the central government and the municipal labor capacity appraisal committees of districts are composed of representatives of the administrative departments of the provinces, autonomous regions, municipalities directly under the central government and municipalities directly under the central government, the personnel administration departments, the administrative departments of the health administration departments, the trade union organizations, the representatives of the management agencies, as well as the representatives of the employing units, respectively.
The Labor Capacity Appraisal Committee establishes a pool of medical and health experts. Included in the expert pool of medical and health professionals and technicians shall have the following conditions:
(a) have the qualification of senior professional and technical positions in medical and health care;
(b) mastery of the relevant knowledge of labor capacity appraisal;
(c) have a good professional moral character.
Article 25 Upon receipt of an application for labor capacity appraisal, the municipal labor capacity appraisal committee shall randomly select three or five relevant experts from the medical and health care expert database it has established to form a group of experts, which shall put forward an appraisal opinion. The municipal labor capacity appraisal committee shall make a conclusion on the labor capacity appraisal of the injured worker based on the appraisal opinion of the expert group; if necessary, it may entrust qualified medical institutions to assist in the relevant diagnosis.
The municipal labor capacity appraisal committee shall make a conclusion on labor capacity appraisal within 60 days from the date of receipt of the application for labor capacity appraisal, and the period for making a conclusion on labor capacity appraisal may be extended for 30 days if necessary. Labor capacity appraisal conclusions shall be promptly sent to the unit or individual applying for appraisal.
Article 26 The unit or individual applying for appraisal of the municipal labor capacity appraisal committee of the district is not satisfied with the appraisal conclusion, you can receive the appraisal within 15 days from the date of the appraisal to the province, autonomous region, province-level municipalities directly under the Central Government Labor Appraisal Committee to apply for re-appraisal. Provinces, autonomous regions, municipalities directly under the Central Labor Appraisal Committee for Labor Appraisal of the final conclusion of the conclusion of the Labor Appraisal Committee for Labor Appraisal.
Article 27 The appraisal of labor capacity shall be objective and impartial. Labor appraisal committee members or experts to participate in the appraisal and the parties concerned have an interest, shall be avoided.
Article 28 After one year from the date of labor capacity appraisal, the injured worker, or his immediate family, the unit or the agency that the disability situation has changed, may apply for labor capacity review appraisal.
Chapter V: Treatment for Work-Related Injury Insurance
Article 29 An employee who suffers an accidental injury at work or suffers from an occupational disease and undergoes treatment shall be entitled to medical treatment for the work-related injury.
The treatment of work-related injuries shall be provided by the medical institutions that have signed service agreements, and in case of emergency, the employee may first go to the nearest medical institution for first aid.
The expenses for treating work-related injuries shall be paid from the Work-Related Injury Insurance Fund if they are in line with the catalog of work-related injury insurance diagnosis and treatment items, the catalog of work-related injury insurance medicines, and the standard of work-related injury insurance hospitalization services. The catalog of diagnostic and therapeutic items for industrial injury insurance, the catalog of medicines for industrial injury insurance, and the standard of inpatient services for industrial injury insurance shall be stipulated by the administrative department of labor security of the State Council in conjunction with the administrative department of health and the drug supervision and administration department of the State Council.
When an employee is hospitalized for treatment of a work-related injury, his or her employer shall pay him or her hospital meal allowance at the rate of 70% of the standard meal allowance for business trips of the employer; and if, upon the issuance of a certificate by a medical institution and with the consent of the agency concerned, an injured employee goes to seek medical treatment outside the co-ordinated area, the necessary transportation, food and accommodation expenses shall be reimbursed by his or her employer in accordance with the standard for business trips of the employer's own employees.
Work-injured workers who are treated for diseases not caused by work-related injuries are not entitled to medical treatment for work-related injuries and are treated in accordance with the basic medical insurance scheme.
Expenses incurred by injured workers for rehabilitative treatment at medical institutions with which service agreements have been signed shall be paid from the Work Injury Insurance Fund if they are in accordance with the provisions of the third paragraph of this Article.
Article 30 An injured worker, due to the needs of daily life or employment, can be fitted with assistive devices such as artificial limbs, orthopedic appliances, false eyes, false teeth and wheelchairs as confirmed by the Labor Capacity Appraisal Committee, and the required expenses shall be paid from the Work Injury Insurance Fund in accordance with the standards stipulated by the State.
Article 31 If an employee suffers an accidental injury at work or suffers from an occupational disease that requires him to suspend work to receive medical treatment for the injury, his wages and benefits shall remain unchanged during the period of suspension without pay, and shall be paid by his employer on a monthly basis.
The period of leave without pay shall not exceed 12 months. If the injury is serious or the situation is special, it can be extended appropriately as confirmed by the municipal labor capacity appraisal committee, but the extension shall not exceed 12 months. After the work-injured employee has been assessed as having a disability grade, the original treatment shall be suspended and he shall enjoy the disability treatment in accordance with the relevant provisions of this chapter. If the injured worker still needs treatment after the expiration of the period of leave without pay, he or she shall continue to enjoy the medical treatment for the work injury.
If an injured worker who is unable to take care of himself needs nursing care during the period of leave without pay, his employer shall be responsible for it.
Article 32 If an injured worker has been assessed as having a disability grade and the Labor Capacity Appraisal Committee confirms that he or she needs nursing care, he or she shall be paid monthly nursing care expenses from the Work Injury Insurance Fund.
Life care expenses are paid according to three different grades, namely, totally unable to take care of oneself, mostly unable to take care of oneself, or partially unable to take care of oneself, and the standard is 50%, 40%, or 30% of the average monthly salary of the employees in the integrated area in the previous year.
Article 33 If an employee who is disabled at work is appraised as having Grade I to Grade IV disability, he/she shall retain his/her labor relationship, withdraw from work, and enjoy the following treatments:
(1) A lump-sum disability benefit shall be paid from the Work-Related Injury Insurance Fund in accordance with the grade of disability, and the standard shall be as follows: Grade I disability shall be 24 months of his/her own salary; Grade II disability shall be 22 months of his/her own salary; Grade III disability shall be 20 months of his/her own salary; Grade IV disability shall be 20 months of his/her own salary; and Grade IV disability shall be 20 months of his/her own salary. The standard is 24 months' salary for first-degree disability, 22 months' salary for second-degree disability, 20 months' salary for third-degree disability, and 18 months' salary for fourth-degree disability.
(2) The disability allowance is paid monthly from the Workers' Compensation Insurance Fund, and the standard is 90% of the salary for first-degree disability, 85% of the salary for second-degree disability, 80% of the salary for third-degree disability, and 75% of the salary for fourth-degree disability. If the actual amount of the disability allowance is lower than the local minimum wage standard, the difference will be made up by the Work Injury Insurance Fund;
(3) After the injured worker reaches the retirement age and goes through the retirement procedures, the disability allowance will be stopped and the worker will enjoy the basic old-age insurance treatment. If the basic pension insurance treatment is lower than the disability allowance, the Work Injury Insurance Fund shall make up the difference.
If an employee who is disabled at work is recognized as having a Grade 1 to Grade 4 disability, the employer and the individual employee shall pay basic medical insurance premiums based on the disability allowance.
Article 34 An employee whose work-related disability is recognized as Grade 5 or Grade 6 disability shall be entitled to the following treatments:
(1) a lump-sum disability benefit shall be paid from the Work-Related Injury Insurance Fund in accordance with the grade of disability, at the rate of 16 months' personal wages for Grade 5 disability, and 14 months' personal wages for Grade 6 disability; and
(2) the employment relationship with the employer shall be retained, and the employer shall arrange appropriate work for the employee. (b) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer shall pay a monthly disability allowance at the rate of 70% of the person's salary for fifth-degree disability and 60% of the person's salary for sixth-degree disability, and the employer shall pay the social insurance premiums for the person in accordance with the regulations. If the actual amount of the disability allowance is less than the local minimum wage, the employer shall make up the difference.
After the injured worker's own proposal, the worker can terminate the labor relationship with the employer or terminate the labor relationship, and the employer will pay the one-time medical allowance for work injury and the disability employment allowance. The specific standards shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 35 If an employee is disabled at work and is appraised to be disabled from Grade 7 to Grade 10, he shall be entitled to the following treatment:
(1) A lump-sum disability benefit shall be paid from the Work-Related Injury Insurance Fund on the basis of the level of disability, and the standard shall be as follows: 12 months' wages for Grade 7 disability, 10 months' wages for Grade 8 disability, 8 months' wages for Grade 9 disability, and 6 months' wages for Grade 10 disability;
The employer may pay a lump-sum medical benefit and employment disability benefit to the employee. Wages;
(2) the termination of the labor contract, or the employee himself proposed to terminate the labor contract, the employer to pay a one-time medical benefits for work-related injuries and disability employment benefits. Specific standards shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 36 If an injured employee suffers a recurrence of the injury and recognizes the need for treatment, he shall enjoy the treatment for the injury as stipulated in Articles 29, 30 and 31 of these Regulations.
Article 37 If an employee dies at work, his or her immediate family members shall receive a funeral grant, a dependant's pension and a lump-sum work-related death benefit from the Work Injury Insurance Fund in accordance with the following provisions:
(1) the funeral grant shall be six months of the average monthly salary of the employees in the co-ordinating area for the previous year;
(2) the dependant's pension shall be paid in accordance with a certain percentage of the employee's own salary by the Work-related deaths of employees who provided the main source of livelihood, unable to work relatives. The standard is 40% per month for spouses, 30% per month for each other relative, and 10% per month for each widow or orphan on top of the above standard. The sum of the approved pensions for each dependent relative shall not be higher than the salary of the employee who died at work. The specific scope of the dependent relatives shall be stipulated by the administrative department of labor security under the State Council;
(c) The standard of the one-time compensation for work-related death shall be 48 to 60 months of the average monthly salary of the employees in the co-ordination area in the previous year. The specific standard shall be prescribed by the people's government of the integrated area in accordance with the local economic and social development situation, and reported to the people's government of the province, autonomous region or municipality directly under the Central Government for the record.
If a disabled employee dies as a result of a work-related injury during the period of time off work without pay, his or her immediate family members shall be entitled to the treatment provided for in the first paragraph of this Article.
If a Grade I to Grade IV disabled employee dies after the expiration of the period without pay, his immediate family members shall be entitled to the treatment stipulated in paragraph 1 (a) and (b) of this Article.
Article 38 The disability allowance, the pension for dependent relatives, and the living care expenses shall be adjusted in due course by the labor security administrative departments of the co-ordinating areas in accordance with the average wages of the employees and the changes in the cost of living. The methods of adjustment shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 39 If an employee has an accident while away from home on duty or his whereabouts are unknown in a disaster relief operation, he shall be paid his wages for three months from the month in which the accident occurs, and his wages shall be suspended from the fourth month onwards, and a monthly dependent's pension shall be paid by the Work Injury Insurance Fund to his relatives who are his dependents. In the case of hardship, 50% of the lump-sum death benefit may be paid in advance. If an employee is declared dead by the people's court, he shall be dealt with in accordance with the provisions of Article 37 of these Regulations on the death of an employee at work.
Article 40 An injured employee shall cease to enjoy the benefits of work-related injury insurance if he or she:
(1) loses the conditions for enjoyment of the benefits;
(2) refuses to undergo the appraisal of his or her labor capacity;
(3) refuses to undergo medical treatment;
(4) has been sentenced to a term of imprisonment; and is in the process of being admitted to prison for execution.
Article 41 In case of separation, merger or transfer of an employing unit, the successor unit shall assume the responsibility of the original employing unit for work-related injury insurance; if the original employing unit has already taken part in the work-related injury insurance, the successor unit shall apply for the registration of change in the work-related injury insurance at the local organization.
Where an employer is engaged in contracting, the responsibility for occupational injury insurance shall be borne by the unit in which the employee has a labor relationship.
If an employee is injured in a work-related accident during the period of being seconded, the original employer shall bear the responsibility of work-related injury insurance, but the original employer and the seconded unit may agree on the compensation method.
If an enterprise goes bankrupt, priority is given in the bankruptcy liquidation to the payment of the costs of occupational injury insurance treatment that should be paid by the unit in accordance with the law.
Article 42 If an employee is dispatched to work abroad, and according to the law of the country or region to which he is dispatched, he shall participate in the local work-related injury insurance, and the relationship of his domestic work-related injury insurance shall be suspended; if he cannot participate in the local work-related injury insurance, the relationship of his domestic work-related injury insurance shall not be suspended.
Article 43 If an employee is injured at work again and should be entitled to disability allowance in accordance with the regulations, he shall be entitled to disability allowance in accordance with the newly recognized level of disability.
Chapter VI Supervision and Administration
Article 44 The agency specifically undertakes the affairs of work-related injury insurance and performs the following duties:
(1) To collect work-related injury insurance premiums in accordance with the regulations of the people's governments of provinces, autonomous regions and municipalities directly under the central government;
(2) To verify the total wages and number of employees of the employing units, to handle the registration of work-related injury insurance and to be responsible for the preservation of the employing units' contributions and the employees' entitlement to work-related injury insurance. (c) conducting surveys and statistics on work-related injury insurance;
(d) managing the expenditures of the Work-Related Injury Insurance Fund in accordance with the regulations;
(e) approving the work-related injury insurance treatment in accordance with the regulations;
(f) providing counseling services to the injured employees or their immediate family members free of charge.
Article 45: The operating organization shall sign a service agreement with medical institutions and auxiliary apparatus allocation institutions on the basis of equal consultation, and shall publish a list of medical institutions and auxiliary apparatus allocation institutions that have signed the service agreement. Specific measures shall be formulated by the administrative department of labor security under the State Council in conjunction with the administrative department of health under the State Council, the civil affairs department and other departments respectively.
Article 46: The agencies shall, in accordance with the agreement and the relevant national catalogs and standards, verify the use of the medical expenses, rehabilitation expenses and auxiliary apparatus expenses of the injured workers and settle the expenses in full and on time.
Article 47 The agency shall regularly publicize the income and expenditure of the Work Injury Insurance Fund, and make timely proposals to the administrative department of labor security for adjusting the rates.
Article 48 The administrative department of labor security and the agency shall regularly listen to the opinions of the injured workers, medical institutions, auxiliary apparatus allocation institutions and all sectors of the society on the improvement of the work injury insurance.
Article 49 The administrative department of labor security shall, in accordance with law, supervise and inspect the collection of work-related injury insurance premiums and the payment of the work-related injury insurance fund.
Financial departments and auditing authorities supervise, in accordance with law, the receipts, expenditures, and management of the Work-Related Injury Insurance Fund.
Article 50 Any organization or individual shall have the right to report any violation of law relating to work-related injury insurance. Labor security administrative department shall promptly investigate the report, in accordance with the provisions of the handling, and for the confidentiality of the informant.
Article 51: Trade unions shall safeguard the lawful rights and interests of workers injured at work and supervise the work of employers in respect of work-related injury insurance.
Article 52 Disputes between employees and employers regarding treatment of work-related injuries shall be handled in accordance with the relevant provisions on handling labor disputes.
Article 53 In any of the following cases, the relevant unit or individual may apply for administrative reconsideration in accordance with the law; if they are not satisfied with the decision of the reconsideration, they may bring an administrative lawsuit in accordance with the law:
(1) if the employee who applies for the determination of the work-related injury, or his/her immediate family members, or the unit to which the employee belongs, are not satisfied with the conclusion of the determination of the work-related injury;
(2) if the employing unit is not satisfied with the rate of the unit's contribution determined by the agency; and The employer is dissatisfied with the rate of contribution of the unit;
(3) The medical institution or auxiliary apparatus allocation institution which has signed the service agreement considers that the agency has not fulfilled the relevant agreement or regulations;
(4) The injured worker or his immediate family members are dissatisfied with the treatment of the work-related injury insurance approved by the agency.
Chapter VII Legal Liability
Article 54 If a unit or individual misappropriates the Work-Related Injury Insurance Fund in violation of the provisions of Article 12 of these Regulations, and if such misappropriation constitutes a crime, it shall be investigated for criminal liability according to law; and if it does not constitute a crime, it shall be subject to administrative or disciplinary measures according to law. The misappropriated fund shall be recovered by the administrative department of labor security and incorporated into the industrial injury insurance fund; the confiscated illegal income shall be paid into the state treasury according to law.
Article 55 A staff member of the administrative department of labor security who is guilty of any of the following shall be given administrative punishment according to law; if the circumstances are serious enough to constitute a crime, he or she shall be investigated for criminal responsibility according to law:
(1) failing to accept an application for determination of a work-related injury without a justifiable reason, or falsely determining that a person who does not meet the conditions for work-related injuries has been found to be an injured worker;
(2) failing to keep the evidence and materials for the application for determination of work-related injuries, resulting in the application being rejected by the government or the government; or (b) Failure to properly store the evidence of the application for the determination of work-related injuries, resulting in the loss of the evidence;
(c) Acceptance of property from the parties concerned.
Article 56: Where an agency engages in any of the following acts, it shall be ordered by the administrative department of labor security to make corrections, and disciplinary actions shall be taken against the persons directly in charge and other responsible persons in accordance with the law; where the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law; and where economic losses are caused to the parties concerned, the agency shall be held liable for compensation in accordance with the law:
(1) Failure to keep, in accordance with the provisions of the regulations, the employing unit's payment of fees and the employee's entitlement to work-related injury insurance; and (a) Failure to keep records of the employer's contributions and the employee's entitlement to work-related injury insurance benefits in accordance with the regulations;
(b) Failure to authorize work-related injury insurance benefits in accordance with the regulations;
(c) Acceptance of property from the parties concerned.
Article 57 If a medical institution or an auxiliary apparatus configuration organization fails to provide services in accordance with the service agreement, the agency may terminate the service agreement.
If the agency does not settle the fees in full and on time, the labor security administrative department shall order corrections; the medical institution or auxiliary apparatus configuration agency may terminate the service agreement.
Article 58 Where an employer conceals the total amount of wages or the number of employees, the administrative department of labor security shall order rectification and impose a fine of not less than one and not more than three times the amount of wages concealed.
If an employer, an injured employee or his immediate family member fraudulently obtains work-related injury insurance treatment, or if a medical institution or an auxiliary apparatus allocation institution fraudulently obtains expenditure from the work-related injury insurance fund, the administrative department of labor security shall order the return of such expenditure and impose a fine of not less than one but not more than three times the amount of the fraudulent amount; and if the situation is serious and constitutes a crime, it shall be held criminally liable in accordance with the law.
Article 59 If an organization or individual engaged in the appraisal of labor capacity is guilty of any of the following, the administrative department of labor security shall order correction and impose a fine of not less than 2,000 yuan and not more than 10,000 yuan; if the situation is serious and constitutes a crime, it shall be held criminally liable in accordance with the law:
(a) providing false appraisal opinions;
(b) providing false diagnostic certificates;
(c) providing false diagnostic certificates;
(d) providing false diagnostic certificates. p>
(C) acceptance of property of the parties.
Article 60 If an employer should participate in work-related injury insurance in accordance with the provisions of these Regulations, but fails to do so, the administrative department of labor security shall order the employer to make corrections; if an employee of the employer suffers a work-related injury during the period of non-participation in work-related injury insurance, the employer shall pay for the expenses in accordance with the items and standards of treatment for work-related injuries as stipulated in these Regulations.
Chapter VIII Supplementary Provisions
Article 61 The workers referred to in these Regulations refer to the workers in various forms of employment and for various terms of employment who have labor relations (including de facto labor relations) with the employers.
The total amount of wages referred to in these Regulations means the total amount of labor remuneration paid directly by the employing unit to all of its employees.
The wage referred to in these regulations refers to the average monthly salary of the 12 months before the injured worker suffered an accidental injury at work or suffered from an occupational disease. If the salary is higher than 300% of the average salary of the workers in the integrated area, it shall be calculated in accordance with 300% of the average salary of the workers in the integrated area; if the salary is lower than 60% of the average salary of the workers in the integrated area, it shall be calculated in accordance with 60% of the average salary of the workers in the integrated area.
Article 62 If a staff member of a state organ, an institution or a public organization that carries out personnel management in accordance with or by reference to the state civil service system suffers an accidental injury at work or suffers from an occupational disease, the expenses shall be paid by the unit in which he or she works. The specific measures shall be prescribed by the administrative department of labor security under the State Council in conjunction with the administrative department of personnel and the financial department of the State Council.
Other institutions, social organizations and various types of private non-enterprise units of industrial injury insurance and other measures, the State Council administrative department of labor security, in conjunction with the State Council administrative department of personnel, civil affairs, finance and other departments with reference to this regulation shall be stipulated separately, and shall come into force after the approval of the State Council.
Article 63 In the event that an employee of a unit that does not have a business license or has not been registered or filed in accordance with the law, or whose business license has been revoked or whose registration or filing has been withdrawn in accordance with the law, is injured in an accident or suffers from an occupational disease, the unit shall give a one-time compensation to the immediate family members of the disabled employee or the deceased employee at a rate not less than that provided for under the present Regulations in the form of workmen's compensation insurance benefits; the employing unit shall not use child labor. If an employer uses child labor, resulting in the disability or death of a child worker, the employer shall pay a lump-sum compensation to the child worker or the child worker's immediate family, and the standard of compensation shall not be lower than that provided for in the present Regulations. Specific measures shall be prescribed by the State Council administrative department of labor security.
If a dispute arises between the immediate family members of a disabled or deceased employee under the preceding paragraph and the unit over the amount of compensation, and if a dispute arises between a child laborer or the immediate family members of a child laborer under the preceding paragraph and the unit over the amount of compensation, the dispute shall be dealt with in accordance with the relevant provisions on the handling of labor disputes.
Article 64 These Regulations shall come into force as of January 1, 2004. If an employee who has been injured in an accident or suffered from an occupational disease before the implementation of these Regulations has not yet completed the determination of work injury, the provisions of these Regulations shall be implemented in accordance with the provisions of these Regulations.