Interpretation of the 4 Highlights of Hunan’s New Work Injury Insurance Regulations in 2019

The newly revised "Hunan Province Implementation of Work-related Injury Insurance Regulations" (hereinafter referred to as the "Measures") will come into effect on April 1. Article 40 of Chapter 7 of the "Measures" stipulates the payment scope of the work-related injury insurance fund, identification of work-related injuries, identification of labor ability, work-related injury insurance benefits, supervision and management, etc. Compared with the original "Measures", the new "Measures" mainly have four major highlights and will benefit more professional groups.

Highlight 1

Expanded coverage of work-related injury insurance

Helps protect the rights and interests of professional groups

Case: 50-year-old Aunt Zhou lives in a family in Changsha Work in the production workshop of a machinery company. Not long ago, she accidentally got her hair entangled in a working machine while working, causing severe damage to her scalp. It was determined that she suffered an eighth-level disability. When she applied for workers' compensation, she learned that the company did not purchase work-related injury insurance for her based on her actual salary. Therefore, there was a gap of 70,000 yuan between the workers' compensation compensation she could receive and the amount she deserved. The person in charge of the Changsha Harmonious Labor Relations Public Welfare Service Center said that employers must pay work-related injury insurance premiums for their employees. In the case of Aunt Zhou, the employer should bear the 70,000 yuan difference in compensation due to the employer's reasons. With the help of the center's public interest lawyers, Aunt Zhou received the compensation she deserved.

New regulations: Article 2 of the "Measures" stipulates that enterprises, institutions, social groups, private non-enterprise units, foundations, law firms, accounting firms and other organizations and related organizations within the administrative region of this province Individual industrial and commercial households that employ workers shall participate in work-related injury insurance in accordance with the "Industrial and Commercial Insurance Regulations" and these "Measures".

Interpretation: "The new "Measures" further expand the occupational groups covered by the work-related injury insurance system, which is conducive to giving full play to the advantages of the law of large numbers of social insurance and is conducive to protecting the rights and interests of work-related injury insurance for all professional groups." Province Tang Shiyue, deputy director of the Government's Legal Affairs Office, said that employers must pay work-related injury insurance premiums for all employees of the unit, and individual employees do not need to pay. According to the "Measures", work-related injury insurance has become compulsory insurance for all units and organizations. Doctors, teachers and other public institutions personnel must pay work-related injury insurance regardless of the nature of their units. If the employer fails to pay, once a work-related injury accident occurs, the employer must pay the relevant fees in accordance with the work-related injury benefits stipulated in the "Measures".

According to Wang Yunbai, chief accountant of the Hunan Provincial Department of Human Resources and Social Security, as of 2013, the number of people covered by work-related injury insurance in the province had reached 7.31 million, including 2.541 million migrant workers. In 2013, the current collection revenue of the fund was 2.65 billion yuan, and the number of people enjoying work-related injury insurance benefits was 83,000.

Highlight 2

Typical cases will be released for reference

Avoid differences in recognition of the same situation

Current situation: The "Work-related Injury Insurance Regulations" The determination of work-related injuries is based on enumeration. Therefore, it is easy for different understandings to arise in the understanding and grasp of specific cases, resulting in the same situation but very different determination results, thus leading to the occurrence of administrative disputes. Data show that in recent years, nearly half of the administrative reconsiderations, administrative litigation cases and labor dispute cases that have occurred in the human resources and social security system of Hunan Province were caused by work-related injuries.

In order to effectively solve this problem, in accordance with the "Hunan Province Measures for Standardizing Administrative Discretion Power" 1 2 3