chapter I general provisions

article 1 these regulations are formulated in order to ensure that employees who suffer from accidents or occupational diseases at work receive medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the work-related injury risks of employers.

article 2 the people's Republic of China and all kinds of enterprises and individual industrial and commercial households with employees within the territory of China (hereinafter referred to as employers) shall take out work-related injury insurance in accordance with the provisions of these regulations and pay work-related injury insurance premiums for all employees or employees of their own units (hereinafter referred to as employees).

the people's Republic of China and employees of various enterprises and individual industrial and commercial households within the territory of China have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these regulations.

the specific steps and implementation measures for individual industrial and commercial households with employees to participate in industrial injury insurance shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

article 3 the collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the provisional regulations on the collection and payment of social insurance premiums on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums.

article 4 the employing unit shall publicize the relevant information about participating in work-related injury insurance in its own unit.

Employers and employees should abide by the laws and regulations on safe production and occupational disease prevention, implement safety and health regulations and standards, prevent industrial accidents, and avoid and reduce occupational hazards.

when an employee is injured at work, the employer shall take measures to ensure that the injured employee can receive timely treatment.

Article 5 The administrative department of labor and social security of the State Council is responsible for work-related injury insurance throughout the country.

the administrative departments of labor security of local people's governments at or above the county level are responsible for work-related injury insurance within their respective administrative areas.

the social insurance agency established by the administrative department of labor and social security in accordance with the relevant provisions of the State Council (hereinafter referred to as the agency) specifically undertakes work-related injury insurance.

article 6 when formulating policies and standards for work-related injury insurance, the administrative department of labor security and other departments shall solicit the opinions of representatives of trade unions and employers.

chapter ii work-related injury insurance fund

article 7 the work-related injury insurance fund consists of the work-related injury insurance premium paid by the employer, the interest of the work-related injury insurance fund and other funds incorporated into the work-related injury insurance fund according to law.

article 8 the rate of work-related injury insurance premium shall be determined according to the principle of fixed income by expenditure and balance of payments.

the state determines the differential rates of different industries according to the degree of industrial injury risk, and determines a number of rate grades in each industry according to the use of industrial injury insurance premiums and the incidence of industrial injuries. Industry differential rates and intra-industry rates shall be formulated by the administrative department of labor and social security of the State Council in conjunction with the financial department, health administrative department and safety production supervision and management department of the State Council, and shall be promulgated and implemented after being approved by the State Council.

according to the use of work-related injury insurance premiums by employers and the incidence of work-related injuries, the regional handling agencies shall determine the unit payment rate by applying the corresponding rate grades in their respective industries.

article 9 the administrative department of labor and social security of the State Council shall regularly know the income and expenditure of industrial injury insurance funds in all the overall planning areas of the country, and put forward a plan to adjust the industry differential rate and intra-industry rate grade in conjunction with the financial department, the health administrative department and the safety production supervision and management department of the State Council in time, and report it to the State Council for approval before promulgation and implementation.

article 11 the employer shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

the amount of work-related injury insurance premium paid by the employer is the product of the total wages of its employees multiplied by the unit payment rate.

article 11 the industrial injury insurance fund shall be co-ordinated throughout the city in municipalities directly under the central government and cities divided into districts, and the level of co-ordination in other regions shall be determined by the people's governments of provinces and autonomous regions.

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 formulated by the administrative department of labor security of the State Council jointly with the competent departments of relevant industries.

Article 12 The industrial injury insurance fund shall be deposited in the financial special account of the social security fund, which shall be used for the treatment of industrial injury insurance stipulated in these regulations, the appraisal of labor ability and the payment of other expenses for industrial injury insurance stipulated by laws and regulations. No unit or individual may use the work-related injury insurance fund for investment and operation, construction or renovation of office space, payment of bonuses or other purposes.

Article 13 The work-related injury insurance fund shall reserve a certain proportion for coordinating the payment of work-related injury insurance benefits for major accidents in the region; If the reserve fund is insufficient to pay, it shall be paid in advance by the people's government in the overall planning area. The specific proportion of the reserve fund to the total amount of the fund and the measures for the use of the reserve fund shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

chapter iii identification of work-related injuries