Measures for the Implementation of Jiangsu Province These Measures are formulated to ensure that employees receive medical treatment and economic compensation after suffering from accidents or occupational diseases at work, promote the prevention and rehabilitation of work-related injuries, and disperse the risk of work-related injuries of employers. At the age of 60, he has reached the legal retirement age, and there is no labor relationship with the employer. Naturally, the Measures for the Implementation of Jiangsu Province are not applicable.
This situation applies to the infringement of the right to life of the parties concerned, and compensation can be made in accordance with the relevant provisions of the Tort Liability Law.
Implementation Measures of Jiangsu Province "
Article 1 In order to ensure that employees who suffer from accidents or occupational diseases at work get medical treatment and economic compensation, promote the prevention and rehabilitation of work-related injuries, and disperse the risk of work-related injuries of employers, these measures are formulated in accordance with the Social Insurance Law of People's Republic of China (PRC) and the Regulations on Work-related Injury Insurance of the State Council (hereinafter referred to as the Regulations), combined with the actual situation of this province.
Article 2 These Measures shall apply to state organs, enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and individual industrial and commercial households with employees (hereinafter referred to as employers) and their employees or employees (hereinafter referred to as employees) within the administrative region of this province.
Article 3 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.
Social insurance agencies (hereinafter referred to as agencies) specifically undertake work-related injury insurance affairs.
Article 4 The employing unit shall pay work-related injury insurance premiums for all employees. The base for the employer to pay work-related injury insurance premiums shall be determined according to the base for the employer to pay basic medical insurance premiums.
Article 5 The rate of work-related injury insurance shall be determined according to the principle of fixed income by expenditure and balance of payments. The administrative department of social insurance in the overall planning area shall, according to the relevant provisions of the national industrial injury insurance rate management, formulate the rate floating method. 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 6 The collection of work-related injury insurance premiums shall be carried out in accordance with the Social Insurance Law of People's Republic of China (PRC), the Provisional Regulations on the Collection of Social Insurance Fees and the Regulations on the Collection of Social Insurance Fees in Jiangsu Province.
The employer shall submit the list of insured employees when handling the declaration procedures for the payment of work-related injury insurance premiums, and keep it after verification by the agency.
Seventh social insurance administrative departments, agencies, labor ability appraisal committee and safety production supervision and management departments should strengthen the construction of information network, realize resource sharing and information exchange, and establish a unified and standardized industrial injury insurance information management system in the province.
Eighth work-related injury insurance fund and work-related injury identification required business funds included in the departmental budget of the same fiscal year.
Ninth industrial injury insurance fund gradually implemented at the provincial level as a whole.
Article 10 The industrial injury insurance fund shall be deposited in the financial special account of the social security fund, and the management of two lines of revenue and expenditure shall be implemented, which shall be used for the payment of industrial injury insurance benefits, labor ability appraisal, industrial injury prevention and industrial injury rehabilitation expenses as stipulated in the Regulations and these Measures, and other industrial injury insurance expenses as stipulated by laws and regulations.
The extraction ratio, use and management of work-related injury prevention expenses shall be implemented in accordance with relevant state regulations.
Eleventh industrial injury insurance fund to implement the reserve system. The overall planning area shall convert 20% of the total industrial injury insurance premiums collected into reserves on a monthly basis. When the reserve fund reaches the total payment of various industrial injury insurance expenses in the previous year, it will not be withdrawn. If there is a balance in the industrial injury insurance fund, the reserve fund shall be drawn from the balance first, and the insufficient part shall be transferred from the industrial injury insurance premium collected in the current year according to the regulations.
The reserve fund is used to pay the industrial injury insurance benefits for major casualties and the part that the industrial injury insurance fund can't pay in that year. 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 use of reserves shall be approved by the people's government of the overall planning area and reported to the administrative department of social insurance at the next higher level for the record.
Article 12 The employing unit shall, within the time limit prescribed by laws and regulations, file an application for work-related injury identification with the social insurance administrative department determined by the municipal people's government with districts. If the employer fails to apply for work-related injury identification in accordance with the regulations, the employees who have been injured by accidents or suffered from occupational diseases or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department determined by the Municipal People's Government where the employer is located within 1 year from the date of accident injury or occupational disease diagnosis and identification.
Thirteenth in any of the following circumstances, the social insurance administrative department shall not accept the application for work-related injury identification:
(a) the applicant does not have the qualification to apply;
(two) the application for work-related injury identification exceeds the prescribed time limit and can not explain the reasons;
(3) Having no jurisdiction over the identification of work-related injuries;
(four) other circumstances that are not accepted as stipulated by laws, regulations and rules.
Article 14 After receiving the application for work-related injury identification, the social insurance administrative department shall review the materials submitted by the applicant within 15 days. If the materials are complete, it shall make a decision on whether to accept or not. If the materials are incomplete, the applicant shall be informed in writing of all the materials that need to be supplemented.
If the administrative department of social insurance decides to accept the application, it shall issue a "Decision on Accepting the Application for Work-related Injury Identification"; Decided not to accept, it shall issue a "decision not to accept the application for work-related injury identification".
Article 15 After accepting the application for ascertainment of work-related injuries, the social insurance administrative department may require the employing unit, employees or their close relatives to submit relevant evidential materials. Employers, employees or their close relatives shall cooperate with the administrative department of social insurance to investigate, verify and collect evidence, and provide relevant evidential materials.
If an employee or his close relatives or a trade union organization thinks it is a work-related injury, but the employer does not think it is a work-related injury, the social insurance administrative department shall notify the employer in writing to give evidence. If the employer fails to provide evidence within the prescribed time limit without justifiable reasons, the administrative department of social insurance may make a decision on the determination of work-related injuries according to law based on the evidence provided by employees or their close relatives, trade union organizations and relevant departments, or the evidence obtained through investigation and verification.
Article 16 After accepting the application for work-related injury identification, the social insurance administrative department may suspend the work-related injury identification under any of the following circumstances:
(1) It needs to be based on the conclusion of judicial organs, labor and personnel dispute arbitration committees, relevant administrative departments or relevant institutions, but the judicial organs, labor and personnel dispute arbitration committees, relevant administrative departments or relevant institutions have not yet reached a conclusion;
(two) due to force majeure, it is difficult to identify work-related injuries;
(three) other circumstances that need to be suspended as stipulated by laws, regulations and rules.
If the work-related injury identification is suspended, the Notice of Suspension of Work-related Injury Identification shall be served on the employees who apply for work-related injury identification or their close relatives, trade unions and the units where the employees work. If the disappearance is suspended, the procedures for determining work-related injuries shall be resumed. The time to suspend the work-related injury identification is not included in the work-related injury identification period.
Seventeenth social insurance administrative departments to accept the application for work-related injury identification, one of the following circumstances, it shall terminate the work-related injury identification:
(a) does not meet the acceptance conditions;
(two) the applicant withdraws the application for work-related injury identification;
(three) other circumstances that can be terminated by laws, regulations and rules.
In case of termination of work-related injury identification, the Notice of Termination of Work-related Injury Identification shall be delivered to the employees who apply for work-related injury identification or their close relatives, trade unions and the units where the employees work.
If the applicant withdraws the application for work-related injury identification to terminate the work-related injury identification, he may apply for work-related injury identification again within the statutory time limit.
Article 18 If the social insurance administrative department decides not to accept the application for work-related injury identification or terminate the work-related injury identification, it shall inform the applicant in writing that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Nineteenth provincial labor ability appraisal committee and municipal labor ability appraisal committee are composed of provincial and municipal social insurance administrative departments, health and family planning administrative departments, trade union organizations, agencies and employers.
The labor ability appraisal committee shall establish a medical and health expert database, and the selection method of experts shall be formulated by the provincial labor ability appraisal committee.
Article 20 If an injured worker is disabled after treatment or rehabilitation, and his injury is relatively stable, which affects his ability to work, or if his leave without pay expires, the employer, the injured worker or his close relatives shall promptly submit an application for labor ability appraisal to the municipal labor ability appraisal committee with districts, and submit relevant materials in accordance with regulations.
Twenty-first in the process of appraisal, the labor ability appraisal fee and medical examination fee that meet the relevant provisions of industrial injury insurance. Employees participating in work-related injury insurance shall be paid by the work-related injury insurance fund; Workers with work-related injuries who have not participated in work-related injury insurance shall be paid by the employer.
Article 22 When an employee suffers from an accident or occupational disease at work, the employing unit shall take measures to ensure that the injured employee or employee suffering from occupational disease receives timely treatment.
Twenty-third medical or rehabilitation institutions that meet the standards of the national designated institutions for industrial injury rehabilitation may sign an agreement with the agencies in the overall planning area to provide industrial injury rehabilitation services.
Article 24 If an injured worker is confirmed to have rehabilitation value by an expert of labor ability appraisal or an expert of work-related injury rehabilitation organized by the administrative department of social insurance, the work-related injury rehabilitation institution that signed the service agreement shall put forward a rehabilitation treatment plan and report it to the agency for approval before going to the work-related injury rehabilitation institution that signed the work-related injury rehabilitation service agreement.
Article 25 The identification of work-related injuries shall be based on the leave certificate issued by the medical institution that signed the service agreement or the work-related injury rehabilitation institution that signed the service agreement. If the period of shutdown with pay exceeds 12 months, it shall be confirmed by the municipal labor ability appraisal committee with districts. The final conclusion is the conclusion of the period of shutdown with pay confirmed by the municipal labor ability appraisal Committee with districts.
During the period of paid shutdown, the employer shall not terminate or terminate the labor relationship with the injured workers. Except as otherwise provided by laws and regulations.
Twenty-sixth work-related disability was identified as five or six levels of disability, and it is difficult to arrange work after returning to work, and it is difficult to arrange work on the basis of my salary, and the employer pays disability allowance; If it is difficult to arrange work, if my salary is lower than the salary at work injury, the salary at work injury shall be taken as the base.
Article 27 If an employee is identified as being disabled at level 5 to 10 due to work, and the labor relationship with the employer is dissolved or terminated in accordance with the provisions of the Regulations, the industrial injury insurance fund will pay a one-time medical subsidy for work-related injuries, and the employer will pay a one-time disability employment subsidy. The benchmark standards of one-time medical subsidy for work-related injuries are: 200,000 yuan for level 5, 6.5438+0.6 million yuan for level 6, 6.5438+0.2 million yuan for level 7, 80,000 yuan for level 8, 50,000 yuan for level 9 and 30,000 yuan for level 10. The benchmark standards of one-time employment subsidy for the disabled are: 95,000 yuan for level 5, 85,000 yuan for level 6, 45,000 yuan for level 7, 35,000 yuan for level 8, 25,000 yuan for level 9 and 6,543.8+0.5 million yuan for level 10.
The municipal people's government divided into districts can determine the standards of one-time work-related injury medical subsidy and one-time disability employment subsidy according to the local economic development level and residents' living standards, and report them to the provincial social insurance administrative department for the record.
For employees suffering from occupational diseases, the one-time medical subsidy for work-related injuries is increased by 40% on the basis of the above standards.
The adjustment of the benchmark standard of one-time work-related injury medical subsidy and one-time disability employment subsidy shall be approved by the provincial social insurance administrative department jointly with the provincial finance department and submitted to the provincial people's government for approval.
Article 28 If an injured worker proposes to terminate the labor relationship with the employing unit, and the legal retirement age is less than 5 years after the termination of the labor relationship, the one-time medical subsidy for work-related injuries and the one-time disability employment subsidy shall be implemented according to the following standards: if the labor relationship is less than 5 years, 80% of the total amount shall be paid; Less than 4 years, 60% of the total payment; Less than 3 years, according to the full payment of 40%; Less than 2 years, according to the total payment of 20%; If it is less than 1 year, it shall be paid according to 10% of the total amount, except for the circumstances stipulated in Article 38 of the Labor Contract Law of People's Republic of China (PRC). Those who have reached the statutory retirement age or gone through retirement formalities in accordance with the regulations will not be granted one-time medical subsidies for work-related injuries and one-time employment subsidies for the disabled.
The specific measures for employees with five to ten levels of work-related injuries to receive one-time medical subsidies for work-related injuries shall be formulated by the overall regional agencies.
Twenty-ninth injured workers receive a one-time work-related injury medical subsidy and a one-time disability employment subsidy, the work-related injury insurance relationship is terminated, and the labor ability appraisal Committee will no longer accept the application for re-examination and appraisal of their disabled labor ability.
Thirtieth one-time work-related injury and disability allowance, work-related injury and disability allowance, and living nursing expenses are calculated and paid from the next month after the conclusion of labor ability appraisal is made.
Funeral allowance for work-related death and one-time work-related death allowance are calculated and paid from the month when the employee dies, and the pension for dependent relatives is calculated and paid from the month when the employee dies.
Article 31 The disability allowance, the pension for dependent relatives and the living care fee shall be adjusted in a timely manner by the municipal social insurance administrative department with districts in conjunction with the financial department according to the changes in the average wages and living expenses of employees.
The adjustment scheme of disability allowance, dependent relatives pension and living care fee shall be implemented after being approved by the provincial social insurance administrative department and the provincial finance department.
Article 32 If an employee suffers multiple work-related injuries in the same employer and enjoys relevant treatment in accordance with the provisions of Articles 36 and 37 of the Regulations, the one-time disability employment subsidy and one-time work-related injury medical subsidy shall be calculated and paid according to the highest disability level of the employee who suffers work-related injuries in the same employer.
Thirty-third because of the reexamination of work-related injuries, the change of disability level leads to the recurrence of work-related injuries, and the one-time disability allowance will not be recalculated, and other work-related injury insurance benefits will be enjoyed according to the new disability level. In line with the conditions for receiving disability allowance, when the old injury recurs, disability allowance will be paid according to my salary; If my salary is lower when the old injury recurs than when the industrial injury occurs, it shall be calculated according to my salary when the industrial injury occurs.
Article 34 When an employing unit goes bankrupt, cancels, dissolves or closes down to realize assets, dispose of land and distribute net assets, it shall give priority to solving the related expenses of employees with work-related injuries. The payment of work-related injury insurance premiums and work-related injury benefits shall be handled in accordance with the following provisions:
(a) one to four injured workers to the statutory retirement age, to disability allowance as the payment base to participate in the basic medical insurance, I pay personal contributions, by the employer will pay the basic medical insurance premiums allocated to the medical insurance agencies, into the medical insurance fund financial accounts;
(two) five to ten workers with work-related injuries, respectively, by the work-related injury insurance fund and the employer in accordance with the provisions of article twenty-seventh of these measures issued to its one-time medical subsidies for work-related injuries and one-time disability employment subsidies, work-related injury insurance relationship terminated.
Article 35 Where the employing unit is divided, merged or transferred, and the employees with work-related injuries are transferred to the successor unit, the successor unit shall bear the responsibility of the original employing unit for work-related injury insurance, and go through the formalities of participating in work-related injury insurance or changing the relationship of work-related injury insurance at the local agency.
If the employing unit is divided, merged or transferred, and the injured employee is not transferred to the successor unit, it shall be implemented in accordance with the relevant treatment enjoyed by the injured employee and the employing unit when the labor relationship is dissolved or terminated.
Article 36 If an employer with the qualification of employer contracts out the project or management right to an organization or a natural person without the qualification of employer, and the workers recruited by the organization or natural person suffer accidental injuries, and the workers apply for work-related injury identification, the employer with the qualification of employer shall bear the responsibility of work-related injury insurance that should be borne by the employer according to law, and the social insurance administrative department may take the employer with the qualification of employer as the employer and make a decision on work-related injury identification according to regulations.
Article 37 The employing unit shall, in accordance with the labor contract or through consultation with the employees, arrange the employees to work in other units. If the employees are injured at work, the employing unit shall bear the responsibility of industrial injury insurance.
If the employees of the employing unit are not assigned to other employing units, the actual employing unit shall pay the industrial injury insurance benefits in accordance with the items and standards stipulated in the Regulations and these Measures.
If an employee is employed by more than two employers at the same time, each employer shall pay work-related injury insurance premiums for him. If an employee is injured at work, the employer who works for him at the time of work-related injury shall bear the responsibility of work-related injury insurance.
Article 38 If an employer should participate in work-related injury insurance in accordance with the Regulations and these Measures, but fails to participate in work-related injury insurance or the payment period is interrupted after participating in work-related injury insurance, the work-related injury insurance benefits for employees with work-related injuries shall be paid by the employer in accordance with the items and standards stipulated in the Regulations and these Measures. After the employer pays the work-related injury insurance premium and overdue fine in full in accordance with the regulations, the newly-occurring employee work-related injury insurance benefits shall be paid by the work-related injury insurance fund and the employer in accordance with the items and standards stipulated in the Regulations and the present Measures.
Article 39 The administrative department of social insurance has made a new decision not to be recognized as a work-related injury or not to be recognized as a work-related injury. If the work-related injury insurance fund and the employer have paid the work-related injury benefits, the employees shall return the received work-related injury insurance benefits to the work-related injury insurance fund and the employer. If the employee does not return the treatment of work-related injury insurance he has received, the agency and the employer shall recover the compensation according to law.
Fortieth the meaning of the following terms in these Measures:
(1) My salary at the time of work-related injury refers to the average monthly payment salary 12 months before the work-related injury or before the occupational disease diagnosis and appraisal.
(2) The salary when I find it difficult to arrange a job refers to the average monthly payment salary 12 months before the work-related injury workers find it difficult to arrange a job.
(3) My salary when the work-related injury recurs refers to the average monthly payment salary before the work-related injury recurs 12 months.
If it is less than 12 months, it shall be calculated according to the actual average monthly payment salary; If it is less than 1 month, it shall be calculated according to the average monthly payment salary of the employees of the employer. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
Article 41 These Measures shall come into force as of June 1 day, 2065. On February 3, 2005, Decree No.29 of Jiangsu Provincial People's Government issued the Measures for Implementing the Regulations on Work-related Injury Insurance in Jiangsu Province, which shall be abolished at the same time. Before the implementation of these measures, if the standard of workers' monthly enjoyment of work-related injury insurance benefits is lower than the standard stipulated in these measures, it shall be implemented in accordance with the standard stipulated in these measures from the date of implementation of these measures, and the part that has been previously issued below the standard stipulated in these measures shall not be reissued.
Distribution: People's governments of cities and counties (cities, districts), provincial committees, offices and bureaus, and provincial units. The ministries and commissions of the provincial party committee, the general office of the Standing Committee of the Provincial People's Congress, the general office of the Provincial Political Consultative Conference, the provincial courts, the provincial procuratorates and the provincial military regions.
Issued by the General Office of Jiangsu Provincial People's Government on 20 15. 04. 3.
Tort liability law
Article 2 Whoever infringes upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 3 The infringed party has the right to request the infringer to bear the tort liability.
Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Nineteenth medical expenses are determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
Article 20 The lost time fee shall be determined according to the lost time fee and income of the victim.
The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
Twenty-first nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
Twenty-second transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to other hospitals for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
Twenty-third hospital food subsidies can be determined with reference to the standard of food subsidies for ordinary staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Twenty-seventh funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the court of appeal is located, and the total amount shall be six months.
Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
Twenty-ninth death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.