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

members shall be made at a certain percentage of the Employee's wage to each of the family members of the Employee that， before the Employee's death， was dependent on the Employee for primary source of income and that has no work capability. The standards are： 40% per month for the spouse， 30% per person per month for other family members， with an additional 10% on the basis of the afore-mentioned standards per person per month in the case of an elderly living alone or an orphan. The sum of the bereavement payments to all dependent family members so determined shall not be higher than the wage of the Employee before his work-related death. The specific scope of dependent family members shall be specified by the administrative department of labour security of the State Council； and

　　3. the standard for the lump sum work-related death allowance shall be 48 to 60 months' average monthly wage of the Employees in the pooling region in the preceding year. The specific standard shall be stipulated by the people's government of the pooling region according to the circumstances of the local economic and social development， and shall be filed with the people's government of provinces， autonomous regions or municipalities directly under the central government for the record.

　　If a disabled Employee dies as a result of the work-related injury during the suspension-of-work-with-pay period， the directly-related family members of the Employee shall be entitled to the benefits specified in the first paragraph of this Article.

　　If an Employee with class one to class four disability dies after the suspension-of-work-with-pay period， the directly-related family members of the Employee shall be entitled to the benefits specified in Items （1） and （2） of the first paragraph of this Article.

　　Article 38　Disability subsidies， bereavement payments for dependent family members and living care fees shall be adjusted from time to time by the administrative department of labour security of the pooling region in light of changes in the average wage of Employees and the living expenses. Methods for such adjustment shall be stipulated by the people's governments of provinces， autonomous regions and municipalities directly under the central government.

　　Article 39　If， during work-related travel， an Employee's whereabouts became unknown in an accident or in emergency rescue or disaster rel

ief， payment of his wage shall continue from the month in which the accident occurred for three months and be terminated from the fourth month， and thereafter the dependent family members of the Employee shall be paid monthly bereavement payments for dependent family members from work-related injury insurance funds. If the family members have difficulty in maintaining a living， 50% of the lump sum work-related death allowance may be paid in advance. If the Employee is declared dead by a people's court， the case shall be handled according to the provisions on work-related death in Article 37 hereof.

　　Article 40　An Employee with work-related injury shall cease to enjoy the work-related injury insurance benefits if：

　　1. he has lost eligibility to receive the benefits；

　　2. he refuses to undergo an assessment of work capability；

　　3. he refuses to receive medical treatment； or

　　4. he is convicted and incarcerated.

　　Article 41　In case of a division， merger or transfer in respect of the Employer， the succeeding work unit shall bear the responsibility for work-related injury insurance of the original Employer. If the original Employer has already participated in work-related injury insurance， the succeeding work unit shall carry out a change of work-related injury insurance registration with the local Agency.

　　Where the Employer is operated on a contract basis， the responsibility for work-related injury insurance shall be borne by the Employer that has a labour relationship with the Employee.

　　If an Employee is injured in a work-related accident while on temporary transfer to another work unit， the original Employer shall bear the responsibility for work-related injury insurance， but it may agree with the hosting unit on the compensation methods.

　　In the case of a bankrupt enterprise， benefit payments under work-related injury insurance payable by the work unit according to law shall be made in priority during liquidation.

　　Article 42　If an Employee is sent to work abroad and is required to participate in local work-related injury insurance according to the law of the destination country or region， the Employee shall participate in local work-related injury insurance and his work-related injury insurance relationship in China shall be suspended. If the Employee cannot participate in local work-related injury insurance， his work-related injury insurance relationship in China shall not be suspended.

　　Article 43　If an Employee suffers from work-related injury for a second time and is entitled to disability subsidy according to regulations， the Employee shall enjoy the disability subsidy benefits according to the newly determined disability class.

　　PART SIX　SUPERVISION AND ADMINISTRATION

　　Article 44　Agencies shall handle the specific matters of work-related injury insurance and perform the following duties：

　　1. collect 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；

　　2. verify the total payrolls and the number of Employees of Employers， carry out work-related injury insurance registration and be responsible for keeping records of premium payments of Employers and receipts by Employees of work-related injury insurance benefits；

　　3. carry out investigation and compile statistics in respect of work-related injury insurance；

　　4. administer payments from work-related injury insurance funds as required；

　　5. assess work-related injury insurance benefits as required； and

　　6. provide free information services to Employees with work-related injury or their directly-related family members.

　　Article 45　Agencies shall enter into service agreements with medical institutions and aiding device supplying institutions on the basis of equal

negotiation， and shall announce the list of the medical institutions and aiding device supplying institutions that have entered into service agreements. The specific procedures shall be formulated by the administrative department of labour security of the State Council in conjunction with the health administrative department and the civil affairs department of the State Council respectively.

　　Article 46　Agencies shall verify the accounts of medical， rehabilitation and aiding device costs on Employees with work-related injury in accordance with the agreement and the relevant catalogues and standards of the State， and shall settle such fees in full in a timely manner.

　　Article 47　Agencies shall periodically publicize the details of the receipt and payment in respect of work-related injury insurance funds and make timely recommendations to the administrative departments of labour security regarding premium rate adjustments.

　　Article 48　The administrative departments of labour security and Agencies shall periodically seek opinions from Employees with work-related injury， medical institutions， aiding device supplying institutions and all sectors of the society for their comments on improving the work of work-related injury insurance.

　　Article 49　The administrative departments of labour security shall supervise and inspect the collection of work-related injury insurance premiums and the receipt and payment of work-related injury insurance funds in accordance with the law.

　　The finance departments and auditing departments shall supervise the receipt， payment and management of work-related injury insurance funds in accordance with the law.

　　Article 50　Any organization or individual has the right to report illegal acts relating to work-related injury insurance. The administrative departments of labour security shall investigate such report in a timely manner， handle it in accordance with regulations， and maintain the confidentiality of the person making such report.

　　Article 51　Trade unions shall safeguard the lawful rights and interests of Employees with work-related injury and implement supervision over the work-related injury insurance work of Employers in accordance with the law.

　　Article 52　Disputes arising between Employees and Employers in regards to work-related injury shall be handled in accordance with the relevant provisions on the handling of labour disputes.

　　Article 53　In any of the following circumstances， the relevant work unit or individual may apply for administrative review in accordance with the law； and if the work unit or individual is dissatisfied with the review decision， the work unit or individual may institute administrative proceedings in accordance with the law：

　　1. the Employee that applies for determination of work-related injury， his directly-related family member or the Employee's work unit is dissatisfied with the conclusion of the determination of work-related injury；

　　2. the Employer is dissatisfied with the work unit payable premium rate assessed by the Agency；

　　3. the medical institution or the aiding device supplying institution that has entered into a service agreement believes that the Agency has failed to comply with the relevant agreement or provisions； or

　　4. the Employee with work-related injury or his dire

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/