Interpretation Of The New Version Of Industrial Injury Insurance Ordinance: Identification Of Dispute Settlement Procedures Simplified

By the end of 2010,

By the end of 2009, the regulations identified 4 million 200 thousand workers injured and 10 million 800 thousand medical treatment for work-related injuries. 4 million 340 thousand people were entitled to disability allowance and unemployment compensation.

In recent years, with the development of China's economy and society, the industrial injury insurance system is facing some new situations and new problems. For example, the work-related injury policy of employees in institutions, social organizations, private non enterprise units and so on is not clear; the scope of industrial injury identification is not reasonable; the procedures for identification, authentication and dispute settlement of industrial injury are complex, and the time is lengthy; these problems need to be solved and perfected from the system level.

Main aspects of the revision of the new regulations

In order to solve the new problems in practice and improve the industrial injury insurance system, the State Council has made several amendments to the regulations: first, expanding the scope of application of industrial injury insurance; two, adjusting the scope of industrial injury identification; three, simplifying the procedures of identification, identification and dispute settlement; four, improving the standard of work-related injury; five, reducing the treatment items paid by employers, and increasing the treatment items paid by industrial injury insurance funds.

Scope of application of industrial injury insurance

In 2005, the Ministry of labor and social security, the former Ministry of personnel, the Ministry of civil affairs and the Ministry of Finance jointly issued the notice on the work-related injuries of public institutions and non-profit organizations, and made explicit provisions on the work-related injuries of staff members of two types of public institutions, social organizations, private non enterprise units, which are managed by the civil servant law and do not belong to the financial appropriation.

However, there are no provisions for the treatment of workers' injuries in other institutions, social organizations, private non enterprise units, and foundations, law firms, accounting firms and other organizations outside the two categories.

At present, most places do not stipulate, and the regulations have not been unified.

In order to solve the problem of unclear and ununified policy on work-related injuries among these workers, the regulations expand the scope of application of industrial injury insurance, and do not refer to the institutions, social organizations managed by the civil servant law, and private non enterprise units, foundations, law firms, accounting firms and other organizations to incorporate into the scope of industrial injury insurance.

After the implementation of the new regulations in January 1, 2011, enterprises, public institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other individual businesses have to participate in work-related injury insurance.

{page_break}

The scope of recognition has been expanded.

The regulations make two adjustments to the scope of work-related injury identification: first, expand the scope of work injury identification on the way to commute; include injuries caused by motor vehicles and non motor vehicles on the way to work, and the injury of urban rail pit, passenger ferry and train accidents into the scope of industrial injury identification; meanwhile, limit the "non principal responsibility" to the accident; two, according to the provisions of the social insurance law, the scope of work-related injuries shall be adjusted, and the regulations of workers' negligence offenses, violation of public security management actions, and accident injury may not be identified as work-related injuries.

The regulations increase the summary procedure for industrial injury identification, stipulate that the application for work-related injury identification with clear facts and clear rights and obligations should be made within 15 days. It is clear that the time limit for re identification and re examination shall be carried out according to the time limit for the initial appraisal, and the pre procedure for reconsideration of administrative reconsideration has been abolished. If a dispute arises from industrial injury, the relevant unit or individual may apply for administrative reconsideration according to law, or may directly bring an administrative lawsuit to the people's court according to law.

Raise the standard of treatment

At present, the standard of one-off death allowance in some areas is too low, the lowest area is thirty thousand or forty thousand yuan, and the national average is 102 thousand and 400 yuan.

The standard of one-off work allowance is too low, it is not only difficult to protect the basic life of work-related injury workers and their dependents, but also affects the enthusiasm of employers to participate in insurance.

To this end, according to the relevant documents of the State Council, the regulations adjust the one-time subsidy for work and death to 20 times the disposable income of the whole town in the previous year.

In 2009, the figure is about 340 thousand yuan.

In order to avoid the difference in the treatment between workers and disabled workers, according to the bearing capacity of the industrial injury insurance fund, it is decided to raise the standard of one-time disability allowance at the same time, and raise the standard of one-time disability allowance: 1 to 4 grade disabled workers increase 3 months' artificial capital, 5 to 6 grade disabled workers increase 2 months' wages, 7 to 10 grade disabled workers increase 1 months' salary.

Reduce employer payment and increase payment for work-related injury insurance fund

In order to further play the role of the industrial injury insurance fund and reduce the burden on employers, the Ordinance has made two amendments: the one-time industrial injury medical subsidy, the allowance for hospitalization meals and the pportation and food and lodging expenses required for medical treatment outside the planned area will be paid by the industrial injury insurance fund.

In order to strengthen the prevention of industrial injury and reduce the occurrence of occupational accidents and occupational diseases from the source, we decided to increase the cost of industrial injury prevention as an expenditure item for work-related injury insurance funds, which is mainly used for propaganda and training of work-related injury prevention.

At the same time, in order to strengthen the management of industrial injury prevention fees, ensure earmarked funds, and truly play the role of preventing industrial accidents and occupational diseases, the regulations stipulate that specific measures for the extraction, utilization and management of work-related injury prevention expenses shall be stipulated by the social insurance administration department of the state Council in conjunction with the departments of finance, health administration and production safety supervision and administration of the State Council.