工伤保险条例 State Council, Work-related Injury Insurance Regulations

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　　PART FIVE

　　WORK-RELATED INJURY INSURANCE BENEFITS

　　Article 29　An Employee that receives treatment for work-related accidental injury or occupational disease shall be entitled to work-related injury medical benefits.

　　An Employee shall seek medic

al treatment for work-related injury at a medical institution that has entered into a service agreement. In cases of emergency， the Employee may first seek emergency treatment at the nearest medical institution.

　　If the costs required for treating the work-related injury fall within the treatment item catalogue， pharmaceutical catalogue and/or hospitalization service standard for work-related injury insurance， they shall be paid from work-related injury insurance funds. The treatment item catalogue， pharmaceutical catalogue and hospitalization service standard for work-related injury insurance shall be stipulated by the administrative department of labour security of the State Council in conjunction with the health administrative department， the pharmaceutical regulatory department and other departments of the State Council.

　　Where an Employee is hospitalized for treatment of work-related injury， his work unit shall pay an amount of meal allowance at 70% of the meal allowance rate payable by the work unit for travel on duty. If the Employee with work-related injury seeks medical treatment outside the pooling region with the referral certificate of a medical institution and the consent of the Agency， the necessary travel and boarding expenses shall be reimbursed by his work unit according to the standard for travel on duty of Employees of the work unit.

　　An Employee with work-related injury shall not be entitled to work-related injury medical benefits for treatment of a disease not arising from work-related injury， and such treatment shall be handled in accordance with the procedures on basic medical insurance.

　　Where the costs of rehabilitative treatment of the Employee with work-related injury at a medical institution that has entered into a service agreement satisfy the conditions in the third paragraph of this Article， they shall be paid from work-related injury insurance funds.

　　Article 30　An Employee with work-related injury may， due to daily life or employment needs and subject to the confirmation of assessment of work capability committee， wear artificial limbs， orthosis， artificial eyes and false teeth and equip himself with an aiding device such as wheelchair， and the necessary costs shall be paid from work-related injury insurance funds at the standards stipulated by the State.

　　Article 31　If an Employee needs to suspend working in order to receive medical treatment for work-related accidental injury or occupational disease， his original wage and welfare benefits shall remain unchanged and payable monthly by his work unit during the suspension-of-work-with-pay period.

　　The suspension-of-work-with-pay period shall normally not exceed 12 months. If the injury is severe or the circumstances are exceptional， such period may， subject to confirmation by the assessment of work capability committee of a municipality having districts， be extended as appropriate， but such extension may not be more than 12 months. After the disability class of the Employee with work-related injury is assessed， the original benefits shall be terminated， and the Employee shall be entitled to the disability benefits according to the relevant provisions of this Part. If the Employee with work-related injury still needs medical treatment after the end of the suspension-of-work-with-pay period， the Employee shall continue to enjoy work-related injury medical benefits.

　　If an Employee with work-related injury with self-care disability needs nursing care during the suspension-of-work-with-pay period， his work unit shall be responsible for such needs.

　　Article 32　If an Employee with work-related injury has been assessed with respect to his disability class and confirmed by the assessment of work capability committee as having need for living care， the fees for living care shall be paid monthly from work-related injury insurance funds.

　　Fees for living care shall be

paid according to the three different classes of self-care disability， namely， total self-care disability， substantial self-care disability and partial self-care disability， and the standards shall be 50%， 40% or 30% of the average monthly wage of Employees in the pooling region in the preceding year respectively.

　　Article 33　If an Employee with work-related disability is assessed as having class one to class four disability， the labour relationship shall remain， and the Employee shall withdraw from the work post and enjoy the following benefits：

　　1. a disability allowance shall be paid from the work-related injury insurance funds according to the disability class in a lump sum， and the standards are： for class one disability， the Employee's wages for 24 months； for class two disability， the Employee's wages for 22 months； for class three disability， the Employee's wages for 20 months； and for class four disability， the Employee's wages for 18 months；

　　2. a monthly disability subsidy shall be paid from the work-related injury insurance funds， and the standards are： for class one disability， 90% of the Employee's wage； for class two disability， 85% of the Employee's wage； for class three disability， 80% of the Employee's wage； and for class four disability， 75% of the Employee's wage. If the actual amount of the disability subsidy is lower than the local minimum wage standard， the difference shall be made up from the work-related injury insurance funds； and

　　3. the disability subsidy shall be terminated once the Employee with work-related injury has reached retirement age and completed the retirement procedures， and the Employee shall then be entitled to basic old age insurance benefits. If the basic old age insurance benefits are lower than the disability subsidy， the difference shall be made up from the work-related injury insurance funds.

　　If an Employee with work-related disability is assessed as having class one to class four disability， the Employer and the Employee shall pay the basic medical insurance premium on the basis of the disability subsidy.

　　Article 34　If an Employee with work-related disability is assessed as having class five or class six disability， the Employee shall be entitled to the following benefits：

　　1. a disability allowance shall be paid from work-related injury insurance funds according to the disability class in a lump sum， and the standards are： for class five disability， the Employee's wages for 16 months； and for class six disability， the Employee's wages for 14 months； and

　　2. his labour relationship with the Employer shall remain and the Employer shall arrange appropriate work for the Employee. Where it is difficult to arrange any work for the Employee， the Employer shall pay a monthly disability subsidy to the Employee， and the standards are： for class five disability， 70% of the Employee's wage and for class six disability， 60% of the Employee's wage， and the Employer shall also pay as required on behalf of the Employee all the social insurance premiums payable by the Employee. If the actual amount of the disability subsidy is lower than the local minimum wage standard， the difference shall be made up by the Employer.

　　Upon request of the Employee with work-related injury， the labour relationship between the Employee and the Employer may be dissolved or terminated， and the Employer shall pay the work-related injury medical allowance and a disability employment allowance in a lump sum. The specific standards shall be stipulated by the people's governments of provinces， autonomous regions and municipalities directly under the central government.

　　Article 35　If an Employee with work-related disability is assessed as having class seven to class ten disability， the Employee shall be entitled to the following benefits：

　　1. a disability allowance shall be paid from work-related injury insurance funds

according to the disability class in a lump sum， and the standards are： for class seven disability， the Employee's wages for 12 months； for class eight disability， the Employee's wages for 10 months； for class nine disability， the Employee's wages for eight months； and for class ten disability， the Employee's wages for six months； and

　　2. upon termination of the labour contract at the end of the term thereof， or upon dissolution of the labour contract at the request of the Employee， the Employer shall pay the work-related injury medical allowance and disability employment allowance in a lump sum. The specific standards shall be stipulated by the people's governments of provinces， autonomous regions and municipalities directly under the central government.

　　Article 36　If an Employee suffers from a relapse of the work-related injury and is confirmed as in need of medical treatment， the Employee shall be entitled to the work-related injury benefits specified in Articles 29， 30 and 31 hereof.

　　Article 37　In the case of a work-related death of an Employee， the directly-related family members of the Employee shall receive a funeral allowance， bereavement payments for dependent family members and a lump sum work-related death allowance from work-related injury insurance funds in accordance with the following provisions：

　　1. the funeral allowance shall be six months' average monthly wage of the Employees in the pooling region in the preceding year；

　　2. bereavement payments for dependent family

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