Measures for the Implementation of the Regulations on Work-related Injury Insurance in Inner Mongolia Autonomous Region Article 1 In order to ensure that employees who have suffered accidents or occupational diseases can receive timely medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the work-related injury risks of employers, these measures are formulated in accordance with the Regulations on Work-related Injury Insurance (hereinafter referred to as the Regulations) and in light of the actual situation of the autonomous region. Article 2 All kinds of enterprises and individual industrial and commercial households with employees in the autonomous region (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the Regulations and these Measures, and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees). All kinds of enterprise employees and individual industrial and commercial households in the autonomous region have the right to enjoy work-related injury insurance benefits in accordance with the regulations and these measures. The specific steps and measures for individual industrial and commercial households with employees to participate in industrial injury insurance shall be formulated by the administrative department of labor and social security of the Union City in light of local conditions, implemented after approval by the people's government at the same level, and reported to the administrative department of labor and social security of the autonomous region for the record. Article 3 The collection and payment of work-related injury insurance premiums shall be uniformly collected by the tax authorities in accordance with the provisions on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums in the Interim Regulations on the Collection and Payment of Social Insurance Fees. Article 4 The administrative department of labor security of the autonomous region shall be responsible for the work of industrial injury insurance in the whole region. The administrative department of labor security of the local people's governments at or above the county level shall be responsible for the work-related injury insurance within their respective administrative areas. The social insurance agency established by the administrative department of labor security in accordance with the relevant provisions of the state and the autonomous region (hereinafter referred to as the agency) specifically undertakes work-related injury insurance affairs. Article 5 Work-related injury insurance shall implement different industry rates according to the degree of work-related injury risk in different industries, and determine a number of rate grades in each industry according to the use of work-related injury insurance premiums and the incidence of work-related injuries. The specific classification standards shall be implemented in accordance with the Notice on Industrial Injury Insurance Rates (No.29 [2003] issued by the Ministry of Labor and Social Security). According to the business scope registered in the business license of the enterprise as a legal person or the business license of the employer, the regional agency shall determine the payment rate of the employer according to the differential rate standard of the industrial injury insurance industry. Article 6 Work-related injury insurance shall be subject to territorial management, and the work-related injury insurance fund shall be subject to municipal social pooling. Cross-regional industries with large production mobility can participate in industrial injury insurance in different places in a relatively centralized way. The specific measures shall be implemented in accordance with the provisions of the Ministry of Labor and Social Security. Article 7 The work-related injury insurance fund shall be deposited in the financial special account of social security fund for the treatment of work-related injury insurance stipulated in the Regulations, the appraisal of labor ability and other work-related injury insurance expenses stipulated by laws and regulations. Specific payment methods shall be formulated by the administrative department of labor security of the autonomous region jointly with relevant departments. Article 8 The industrial injury insurance fund shall reserve a certain proportion of reserves for the overall payment of industrial injury insurance benefits for major accidents in the region; The reserve is drawn according to the ratio of industrial injury insurance fund 15%. Union city industrial injury insurance agencies will extract 70% of the total reserves as municipal reserves, and the other 30% will be turned over to the autonomous region industrial injury insurance agencies as autonomous region-level reserves. The accumulated balance of reserves in the overall planning areas over the years shall not exceed 50% of the total amount of industrial injury insurance funds in that year. The industrial injury insurance reserve is used to pay the industrial injury insurance benefits for major accidents in the overall planning area. If the municipal reserves are insufficient, the reserves at the autonomous region level shall be adjusted. If the adjusted reserve is still insufficient, it shall be paid by the people's government of the overall planning area. Measures for the use of reserves shall be formulated by the administrative department of labor security of the autonomous region jointly with relevant departments. Article 9 The administrative department of labor and social security shall identify work-related injuries in accordance with the Measures for Identification of Work-related Injuries (No.25, 2004). Ministry of Labor and Social Security of People's Republic of China (PRC) 17). Article 10 If an employee is injured at work and disabled after treatment, the injury is relatively stable and affects his working ability, he shall be appraised for his working ability. The labor ability appraisal standards shall be implemented in accordance with the standards formulated by the Ministry of Labor and Social Security. Article 11 The labor ability appraisal committees of autonomous regions and union cities are composed of representatives from the labor security administrative departments, personnel administrative departments, health administrative departments, trade union organizations, agencies and employers at the same level. The labor ability appraisal committee has an office or labor ability appraisal center, which is responsible for the daily work of labor ability appraisal. The labor ability appraisal Committee establishes a medical and health expert database. Medical and health professional and technical personnel included in the expert database shall meet the standards stipulated in the Regulations. The hired experts shall be awarded letters of appointment by the labor ability appraisal committee. Article 12 Employees who are injured by accidents or suffer from occupational diseases at work shall receive treatment and enjoy medical treatment for work-related injuries. If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be implemented in accordance with the provisions of the Ministry of Labor and Social Security. Thirteenth work-related injuries caused by traffic accidents shall be handled in accordance with the Road Traffic Law and relevant regulations. If the compensation is lower than the treatment of work-related injury insurance, the work-related injury insurance fund will make up the difference; If the injured worker can't get traffic accident compensation due to the escape of the traffic violator or other reasons, the industrial injury insurance agency shall pay the treatment in accordance with the Regulations and these Measures. Article 14 If a work-related injury accident has the civil liability of a third party, it shall be compensated first. If the compensation is lower than the treatment of work-related injury insurance, the work-related injury insurance fund shall make up the difference. Article 15 If an employee is disabled due to work, the work-related disability pension certificate of corresponding grade shall be issued by the overall regional labor ability appraisal committee (hereinafter referred to as the work-related disability certificate). Article 16 If an employee is identified as a first-class to fourth-class disability due to work, he/she will retain his/her labor relationship and quit his/her post, and enjoy the following benefits: (1) The industrial injury insurance fund will pay a one-time disability subsidy according to the level of disability, with the standards as follows: first-class disability for 24 months, second-class disability for 22 months, third-class disability for 20 months, and fourth-class disability 18 months; (2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference; (3) Before the employees with work-related injuries go through the retirement formalities, the employing units and employees with work-related injuries shall pay the basic old-age insurance premium and medical insurance premium on the basis of disability allowance. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. Article 17. Workers who are disabled due to work and are identified as five or six levels of disability enjoy the following benefits: (1) A one-time disability subsidy is paid by the industrial injury insurance fund according to the disability level, with the standard as follows: five-level disability is my salary 16 months, and six-level disability is my salary 14 months; (two) to retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: level 5 disability is 70% of my salary, level 6 disability is 60% of my salary, and the employer shall pay the social insurance premium that should be paid according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the employer shall pay the one-time medical subsidy for work-related injuries and disability employment subsidy. Specific criteria: one-time work-related injury medical subsidy and disability employment subsidy are calculated together. Taking the average monthly salary of employees in the overall planning area as the base, the five-level disability is 48 months; Grade 6 disability is 42 months. (1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the disability level, with the standards as follows: level 7 disability 12 months, level 8 disability 10 months, level 9 disability for 8 months and level 10 disability for 6 months; (two) the expiration of the labor contract, or the employee himself proposed to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific criteria: one-time work-related injury medical subsidy and disability employment subsidy are calculated together. Taking the average monthly salary of employees in the overall planning area as the base, the seven-level disability is 30 months; Grade 8 disability for 24 months; Grade 9 disability 18 months; Grade 10 disability 12 months. Nineteenth workers with work-related injuries relapse, confirmed by the overall regional labor ability appraisal committee. Need treatment, according to the "Regulations" and the provisions of these measures to enjoy the treatment of work-related injuries. Article 20 If an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time death subsidies from the industrial injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for the last six months; (2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans on the basis of the above standard 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives and the provisions on stopping enjoying pension benefits shall be implemented in accordance with the Provisions on the Scope of Supporting Relatives of Workers who Died at Work (OrderNo. 102). People's Republic of China (PRC), Ministry of Labor and Social Security18); (3) The standard of one-time work-related death subsidy shall be determined by the overall planning area according to the standard of the local average monthly salary of employees in the previous year of 48 months to 60 months, and reported to the people's government of the autonomous region for the record. Article 21 Disability allowance, pension for dependent relatives and living nursing expenses shall be adjusted by the administrative department of labor and social security in the overall planning area according to 60% of the average wage growth rate of employees in the overall planning area last year, and announced to the public. Twenty-second employees who go out on business or whose whereabouts are unknown during emergency rescue and disaster relief shall be paid wages within 3 months from the month of the accident, and wages shall be stopped from the fourth month. The industrial injury insurance fund shall pay pensions to its dependent relatives on a monthly basis. Life is difficult, you can advance 50% of the one-time work death subsidy. If an employee is declared dead by the people's court, it shall be handled in accordance with the Regulations and these Measures. If the missing person reappears and the court cancels the death conclusion, the work-related injury benefits received shall be returned in full. Article 23 The administrative department of labor security shall be responsible for the management of industrial injury insurance and perform the following duties: (1) To study and formulate the overall plan of industrial injury insurance, formulate the reform plan of industrial injury insurance, and formulate the medium-and long-term development plan of industrial injury insurance according to the local national economic and social development; (two) to implement the laws and regulations on work-related injury insurance, study and formulate relevant policies, and supervise and inspect the implementation of laws and regulations; (three) to guide the work of industrial injury insurance agencies; (four) to supervise and inspect the collection of work-related injury insurance premiums and the payment of work-related injury insurance funds according to law; (five) to review the expenditure plan and balance arrangement of work-related injury insurance proposed by the agency; (six) to review the year-end budget and final report of the industrial injury insurance fund of the agency; (seven) to review the use of the agency's reserve fund. Twenty-fourth industrial injury insurance agencies should establish and improve various working systems, specifically undertake industrial injury insurance affairs, and perform the following duties: (1) to assist the administrative department of labor security in investigating and verifying accident injuries; (two) to verify the total wages of the employer and the number of employees, handle the registration of work-related injury insurance, and be responsible for keeping the records of the employer's payment and the employees' enjoyment of work-related injury insurance benefits; (three) to carry out work-related injury insurance investigation and statistics; (four) in accordance with the provisions of the management of industrial injury insurance fund expenditure; (five) in accordance with the provisions of the examination and approval of work-related injury insurance benefits; (six) to provide free consulting services for workers injured in work or their immediate family members; (seven) to undertake other matters entrusted by the administrative department of labor security. Twenty-fifth agencies should sign service agreements with medical institutions and assistive devices allocation institutions on the basis of equal consultation, and report them to the administrative department of labor and social security for review. After examination and approval, the agency shall publish the list of medical institutions and auxiliary equipment configuration institutions that have signed service agreements. The specific measures shall be implemented in accordance with the provisions of the Ministry of Labor and Social Security. Twenty-sixth state organs, personnel management institutions, social organizations, according to or with reference to the national civil service system, their staff suffered from accidents or occupational diseases due to work, and their expenses shall be paid by their units. Specific measures shall be implemented in accordance with relevant state regulations. Measures for other institutions, social organizations and various private non-enterprise units to participate in work-related injury insurance shall be implemented in accordance with relevant state regulations. Article 27 If employees of units without business licenses or without registration and filing according to law and units whose business licenses have been revoked or whose registration and filing have been revoked according to law are injured by accidents or suffer from occupational diseases, the unit shall give one-time compensation to the immediate family members of disabled employees or dead employees, and the compensation standard shall refer to the Measures for One-time Compensation for Casualties in Illegal Employment Units (Order No.2004). People's Republic of China (PRC) and the Ministry of Labor and Social Security 19). The employing unit shall not use child labor, and if the employing unit uses child labor to cause child labor disability or death, the unit shall give one-time compensation to the child labor or the immediate family members of the child labor, and the compensation standard shall be implemented in accordance with the Measures for One-time Compensation for Casualties of Illegal Employers (OrderNo. 19 of the Ministry of Labor and Social Security of People's Republic of China (PRC)). Article 28 These Measures shall come into force as of June 1 2004. Workers who had an accident or suffered from occupational diseases before June 5438+February 3, 20021shall have their work-related injury identification, labor ability appraisal and treatment standards implemented according to the original regulations. Before the implementation of these Measures, employees who were injured by accidents or suffered from occupational diseases during the period from June 5438 to 1 October1day in 5438 have completed the identification of work-related injuries, and the original provisions shall apply; If the identification of work-related injuries has not been completed, it shall be handled in accordance with the provisions of the Regulations and these Measures. Twenty-ninth Union Office and the Municipal People's Government may, in accordance with the "Regulations" and these measures, formulate detailed rules for implementation in light of local conditions and report them to the people's government of the autonomous region for the record. Thirtieth approach by the autonomous region labor and social security department is responsible for the interpretation of.