The Work Injury Insurance Law stipulates new regulations in 2023

Legal objectivity:

The Ministry of Human Resources and Social Security publicly solicited opinions on the 24th on the "Opinions on Several Issues Concerning the Implementation of the "Regulations on Work-related Injury Insurance" (Draft for Comment)". The draft for comments aims to standardize the identification of work-related injuries, the determination and payment of work-related injury insurance benefits, and better safeguard the rights and interests of workers and relevant employers. In the process of implementing the newly revised Regulations, there are some policies, standards and procedures that need to be further clarified and detailed. 1. Clarify the conditions for identification of "work-related injuries while away from work". Work-related injury identification is the prerequisite and basis for work-related injuries to be enjoyed by injured employees. Regardless of whether the unit where the injured employee works has participated in work-related injury insurance, employees who suffer accident injuries or are diagnosed with occupational diseases will all file a work-related injury claim. Determine the right to apply. However, in work practice, there are some situations where the boundary conditions are unclear or the relevant evidence is insufficient to be accepted. For example, some employees go out to work without clear proof of being assigned by the employer, or even though they are assigned by the employer, they are injured in an accident. It has nothing to do with work; another example is the determination of some responsibilities or exclusions, lack of certification from the competent authority, etc. In order to enhance the operability of the "Regulations", the draft for comments stipulates that the identification of "period of absence for work" should consider whether the employee is assigned by the employer to go out for work, and whether the accidental injury suffered is directly related to the work he or she is engaged in. , close contact; the confirmation of "not the person's main responsibility", "intentional crime", "drunk or drugged", and "suicide" respectively clarifies the proof basis of the competent authority. 2. An employee who dies due to a sudden disease and applies for work-related injury must report on a regular basis. Regarding an employee who dies due to a sudden disease and applies for work-related injury recognition, Article 15 (1) of the Regulations stipulates, “During working hours and at the workplace, death from a sudden disease or death from a sudden disease must be reported regularly. Death within 48 hours after resuscitation fails" is regarded as a work-related injury. In order to facilitate the social insurance administrative department to understand the situation as early as possible, make a timely conclusion on whether it is regarded as a work-related injury, and protect the rights and interests of employees who died on the job and relevant employers, the draft for comments stipulates that when applying for work-related injury recognition in accordance with the "Regulations", the employee's location In principle, the employer should report to the social insurance administrative department within 5 working days from the date of the employee's death. 3. Students’ rights can be protected through commercial insurance during their internship. Every year in China, a large number of students from colleges and secondary vocational schools go to enterprises and institutions for internships. Regarding the protection of the rights and interests of intern students in colleges and universities, relevant departments have considered that if there is no labor relationship between the intern students and the internship unit, they are not workers in the sense of labor law. The rights and interests of intern students in this regard should be protected through the purchase of commercial products. Solved by insurance and other means. Accordingly, the draft for comments stipulates that students from full-time general colleges and universities and secondary vocational schools go to enterprises and institutions for internships. The relationship between the intern students and the internship unit does not belong to the labor relationship. If a student is injured in an accident during the internship, he or she may be injured through a commercial It is protected by insurance and other means. Relevant departments and units should actively implement this policy and do relevant work before students do internships to safeguard the legitimate rights and interests of intern students, internship units and schools. 4. Clarify the main body responsible for work-related injuries when projects are subcontracted at different levels. Currently, it is common for engineering projects in some areas to be subcontracted at different levels. Some are even subcontracted to organizations or natural persons who are not qualified as employment entities. Once a work-related injury accident occurs, the liability It is difficult to identify the subject, and it is difficult to protect the rights and interests of workers injured at work. In order to solve such problems in a targeted manner and better protect the rights and interests of workers injured at work, the draft for comments stipulates that units with qualifications as employment entities violate laws and regulations by subcontracting business to organizations or organizations that do not have the qualifications as employment entities. If a natural person is an employee who is injured or injured on the job while engaged in contracting business, in accordance with the principle of whoever subcontracts is responsible, the unit with qualifications as an employer shall bear the liability for work-related injury insurance that the employer shall bear in accordance with the law. 5. Employees who have left their jobs and are diagnosed with occupational diseases can be identified as work-related injuries in order to standardize the management of work-related injury insurance and protect the legitimate rights and interests of those who are diagnosed with occupational diseases after leaving their jobs. Comprehensive consideration should be given to the employees who were exposed to occupational disease hazards before leaving their jobs or the original unit, and Some occupational diseases have long incubation periods and other factors, and the draft for comments further clarifies the relevant content. First, in the identification of work-related injuries, it stipulates that persons who are exposed to occupational disease hazards before retirement and before the termination or termination of labor, employment contracts and labor relations, and who are diagnosed with occupational diseases after leaving their jobs or the original unit, can be identified for work-related injuries. . Second, in terms of benefits assessment, it is stipulated that retired workers with work-related injuries can adopt the "higher" principle and choose the average salary paid in the 12 months before retirement or the average pension in the 12 months before the diagnosis of occupational diseases as the base to determine benefits.

For personnel who terminate or terminate their labor or employment contracts or terminate their labor relations, their benefits will be determined based on their average wages paid in the 12 months before the termination or termination of their labor or employment contracts and the 12 months before the termination of their labor relations. Third, in terms of benefits payment, it is first clarified that the relevant responsible unit is the "employer specified in the occupational disease diagnosis certificate"; secondly, two situations are stipulated based on whether the employer has paid work-related injury insurance premiums to the employee with the occupational disease in accordance with the law during the period of employment. : If you are insured and paying premiums, the work-related injury insurance fund and the employer will pay the benefits respectively in accordance with regulations. If you are not insured and paying premiums, the employer will pay all benefits in accordance with regulations. For employees who have multiple work-related injuries in the same employer, the draft stipulates that when calculating and disbursing one-time disability employment subsidies and one-time work-related injury medical subsidies in accordance with the law, the principle of "highest" should be followed and the labor ability appraisal should be carried out. The maximum disability level is determined, which is conducive to better safeguarding the rights and interests of workers injured at work. In addition, in order to ensure that the rights and interests of workers injured at work are protected in a long-term and stable manner, the draft also clarifies that long-term benefits of work-related injury insurance shall not be paid in one lump sum.