工伤保险条例英文-2013

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人社部关于执行《工伤保险条例》若干问题的意见2013

人力资源社会保障部关于执行《工伤保险条例》若干问题的意见人社部发〔2013〕34号各省、自治区、直辖市及新疆生产建设兵团人力资源社会保障厅(局)：《国务院关于修改〈工伤保险条例〉的决定》(国务院令第586号)已经于2011年1月1日实施。

为贯彻执行新修订的《工伤保险条例》，妥善解决实际工作中的问题，更好地保障职工和用人单位的合法权益，现提出如下意见。

一、《工伤保险条例》(以下简称《条例》)第十四条第(五)项规定的“因工外出期间”的认定，应当考虑职工外出是否属于用人单位指派的因工作外出，遭受的事故伤害是否因工作原因所致。

二、《条例》第十四条第(六)项规定的“非本人主要责任”的认定，应当以有关机关出具的法律文书或者人民法院的生效裁决为依据。

三、《条例》第十六条第(一)项“故意犯罪”的认定，应当以司法机关的生效法律文书或者结论性意见为依据。

四、《条例》第十六条第(二)项“醉酒或者吸毒”的认定，应当以有关机关出具的法律文书或者人民法院的生效裁决为依据。

无法获得上述证据的，可以结合相关证据认定。

五、社会保险行政部门受理工伤认定申请后，发现劳动关系存在争议且无法确认的，应告知当事人可以向劳动人事争议仲裁委员会申请仲裁。

在此期间，作出工伤认定决定的时限中止，并书面通知申请工伤认定的当事人。

劳动关系依法确认后，当事人应将有关法律文书送交受理工伤认定申请的社会保险行政部门，该部门自收到生效法律文书之日起恢复工伤认定程序。

六、符合《条例》第十五条第(一)项情形的，职工所在用人单位原则上应自职工死亡之日起5个工作日内向用人单位所在统筹地区社会保险行政部门报告。

七、具备用工主体资格的承包单位违反法律、法规规定，将承包业务转包、分包给不具备用工主体资格的组织或者自然人，该组织或者自然人招用的劳动者从事承包业务时因工伤亡的，由该具备用工主体资格的承包单位承担用人单位依法应承担的工伤保险责任。

八、曾经从事接触职业病危害作业、当时没有发现罹患职业病、离开工作岗位后被诊断或鉴定为职业病的符合下列条件的人员，可以自诊断、鉴定为职业病之日起一年内申请工伤认定，社会保险行政部门应当受理：(一)办理退休手续后，未再从事接触职业病危害作业的退休人员;(二)劳动或聘用合同期满后或者本人提出而解除劳动或聘用合同后，未再从事接触职业病危害作业的人员。

工伤保险条例(新)

国务院关于修改《工伤保险条例》的决定(2010)【英文译本】Decision of the State Council on Amending the Regulation on Work-Related Injury Insurance (2010) 【发布部门】国务院【发文字号】国务院令第586号【批准部门】【批准日期】【发布日期】2010.12.20 【实施日期】2011.01.01【时效性】现行有效【效力级别】行政法规【法规类别】工资福利与劳动保险【唯一标志】142904【全文】【本法变迁史】工伤保险条例[20030427]国务院关于修改《工伤保险条例》的决定(2010)[20101220]工伤保险条例(2010修订)[20101220]中华人民共和国国务院令（第586号）《国务院关于修改〈工伤保险条例〉的决定》已经2010年12月8日国务院第136次常务会议通过，现予公布，自2011年1月1日起施行。

总理二○一○年十二月二十日国务院关于修改《工伤保险条例》的决定国务院决定对《工伤保险条例》作如下修改：一、第二条修改为：“中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织和有雇工的个体工商户（以下称用人单位）应当依照本条例规定参加工伤保险，为本单位全部职工或者雇工（以下称职工）缴纳工伤保险费。

“中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织的职工和个体工商户的雇工，均有依照本条例的规定享受工伤保险待遇的权利。

”二、第八条第二款修改为：“国家根据不同行业的工伤风险程度确定行业的差别费率，并根据工伤保险费使用、工伤发生率等情况在每个行业内确定若干费率档次。

行业差别费率及行业内费率档次由国务院社会保险行政部门制定，报国务院批准后公布施行。

”三、第九条修改为：“国务院社会保险行政部门应当定期了解全国各统筹地区工伤保险基金收支情况，及时提出调整行业差别费率及行业内费率档次的方案，报国务院批准后公布施行。

工伤保险条例(英文版)

工伤保险条例(英文版)2008-02-18工伤保险条例(英文版)Regulation on Work-Related Injury InsurancesDecree No. 375 of the State Council of the People's Republic of ChinaThe "Regulation on Work-Related Injury Insurances", which was deliber ated and adopted at the 5th executive meeting of the State Council on April 16, 2003, is hereby promulgated, and shall come into force on January 1, 2004.Wen Jiabao, PremierApril 27, 2003PART ONE GENERAL PROVISIONSArticle 1 These Regulations are formulated in order to guarantee ava ilability of medical treatment and economic compensation to staff and workers that suffer from work-related accidental injury or occupat ional disease， to promote prevention of work-related injury and voca tional rehabilitation， and to distribute work-related injury risks o f employers.Article 2 All types of enterprises and sole traders that hire worker s （Employer（s）） shall participate in work-related injury insuranc e and pay work-related injury insurance premiums for all of the staff and workers or hired workers in their work unit （Employee（s））in accordance with the provisions hereof.The Employees of all types of enterprises and the hired workers of so le traders in the People's Republic of China shall have the right toenjoy the benefits of work-related injury insurance in accordance wit h the provisions hereof.The specific steps and implementing procedures for participation of s ole traders that hire workers in work-related injury insurance shall be stipulated by the people's governments of provinces， autonomous r egions and municipalities directly under the central government.Article 3 Collection and payment of work-related injury insurance pr emiums shall be carried out in accordance with the provisions in the Collection and Payment of Social Insurance Premiums Tentative Regulat ions regarding collection and payment of basic old age insurance prem iums， basic medical insurance premiums and unemployment insurance pr emiums.Article 4 An Employer shall announce within the work unit the releva nt details of its participation in work-related injury insurance.An Employer and its Employees shall abide by the laws and regulations regarding safe production and prevention and treatment of occupation al diseases， implement safety and health regulations and standards，prevent occurrence of work-related injury accidents and avoid and mit igate the harms of occupational diseases.If an Employee suffers from work-related injury， the Employer shall adopt measures to ensure that such Employee receives timely rescue an d treatment.Article 5 The administrative department of labour security of the St ate Council shall be in charge of the work of work-related injury ins urance throughout the country.The administrative departments of labour security of all levels of lo cal people's governments at the county level and above shall be in ch arge of work-related injury insurance work within their respective ad ministrative areas.The social insurance agencies established by the administrative depar tments of labour security in accordance with relevant provisions of the State Council （Agency/Agencies） shall undertake the practical af fairs of work-related injury insurance.Article 6 Administrative departments of labour security and other de partments shall seek the opinion of trade unions and representatives of Employers when formulating policies and standards for work-related injury insurance.PART TWO WORK-RELATED INJURY INSURANCE FUNDSArticle 7 Work-related injury insurance funds shall be composed of w ork-related injury insurance premiums paid by Employers， interest on work-related injury insurance funds and other funds paid into the wor k-related injury insurance funds in accordance with law.Article 8 The premium rate for work-related injury insurance shall b e determined on the principles that receipt be determined on the basi s of payment and that receipt and payment be balanced.The State shall determine premium rate differentials between industri es according to the degree of risks of work-related injuries in diffe rent industries， and shall determine several tiers of premium rates within each industry according to circumstances such as the use of wo rk-related injury insurance premiums and the frequency of occurrence of work-related injuries. Inter-industry premium rate differentials a nd intra-industry premium rate tiers shall be formulated by the admin istrative department of labour security of the State Council in conju nction with the finance department， health administrative department and safe production regulatory department of the State Council， and shall be promulgated and implemented upon approval by the State Counc il.The Agency for a pooling region shall determine the work unit payable premium rate for an Employer on the basis of such circumstances such as use of work-related injury insurance premiums and frequency of oc currence of work-related injuries of the Employer， and the correspon ding premium rate tier applicable to the industry to which the Employ er belongs.Article 9 The administrative department of labour security of the St ate Council shall periodically obtain the details of receipt and paym ent of work-related injury insurance funds of all pooling regions thr oughout the country， and shall propose adjustment to the inter-indus try premium rate differentials and the intra-industry premium rate ti ers in a timely manner and in conjunction with the finance departmen t， health administrative department and safe production regulatory d epartment of the State Council. Such adjustment shall be promulgated and implemented upon approval by the State Council.Article 10 Employers shall pay work-related injury insurance premium s on time. Employees shall not pay work-related injury insurance prem iums themselves.The amount of work-related injury insurance premium payable by an Emp loyer shall be the product of the total payroll of the Employees of t he work unit and the work unit payable premium rate.Article 11 Work-related injury insurance funds in municipalities dir ectly under the central government and municipalities having district s shall be pooled on a municipality-wide basis. The level of pooling in other regions shall be determined by the people's government of th e province or autonomous region.An inter-region industry or an industry with a relatively high leve l of production mobility may participate from another region in work-related injury insurance in a pooling region by adopting a method of relative concentration. The specific procedures shall be formulated b y the administrative department of labour security of the State Counc il in conjunction with the department in charge of the relevant indus try.Article 12 Work-related injury insurance funds shall be deposited in to a dedicated finance account for social security funds for benefits of work-related injury insurance， assessment of work capability and payment of other expenses for work-related injury insurance stipulate d herein. No work unit or individual may use the work-related injur y insurance funds for investment and operation， construction or renovation of office site， distribution of bonuses，or divert such funds to other uses.Article 13 A certain ratio of work-related injury insurance funds sh all be maintained as reserves for payment of work-related injury insu rance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves， the people's government of the p ooling region shall advance the payment. The specific ratio of reserv es to the total amount of funds and the procedures for the use of res erves shall be stipulated by the people's governments of provinces，autonomous regions or municipalities directly under the central gov ernment.PART THREE DETERMINATION OF WORK-RELATED INJURYArticle 14 An Employee shall be determined as having a work-related injury if：1. he is injured in an accident at work during working hours in the w orkplace；2. he is injured in an accident while engaging in preparatory or fi nishing-up work related to work before or after working hours in th e workplace；3. he is injured by violence or in other accident in his performance of job duties during working hours in the workplace；4. he suffers from an occupational disease；5. he is injured at work or his whereabouts became unknown in an ac cident， during work-related travel；6. he is injured in a motor vehicle accident while going to or retu rning from work； or7. he is in other circumstances that shall be determined as work-rela ted injury according to the provisions of laws and administrative reg ulations.Article 15 An Employee shall be deemed as having a work-related inju ry if：1. he dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplac e；2. he is injured in an act to protect national interests or public interests such as emergency rescue and disaster relief； or3. he is injured and disabled in war or on duty while in military s ervice and has obtained a revolutionary injured and disabled soldier certificate， and suffers from a relapse of the old injury while bein g employed by the Employer.Where an Employee is in the circumstance of Item （1）or （2） of the preceding paragraph， he shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions hereof. Where an Employee is in the circumstance of Item （3） of the preced ing paragraph， he shall be entitled to work-related injury insurance benefits other than the lump sum disability allowance in accordance w ith the relevant provisions hereof.Article 16 An Employee shall not be determined or deemed as having work-related injury if：1. he is injured or he dies as a result of commission of crime or violation of public security administration；2. he is injured or he dies as a result of intoxication； or3. he inflicts harm on himself or commits suicide.Article 17 If an Employee is injured in an accident or diagnosed or certified as having occupational disease pursuant to the provi sions of the Prevention and Treatment of Occupational Diseases Law，his work unit shall file an application for determination of work-rel ated injury to the administrative department of labour security of th e relevant pooling region within 30 days of the date of occurrence ofthe accidental injury or the date of diagnosis or certification of the occupational disease. In special circumstances， the time limi t for application may， subject to the consent of the administrative department of labour security， be extended as appropriate.If the Employer fails to file an application for determination of wor k-related injury pursuant to the preceding paragraph， the Employee w ith work-related injury， his directly-related family members or th e trade union may directly file an application for determination of work-related injury to the administrative department of labour secur ity of the pooling region in which the Employer is located within one year of the date of occurrence of the accidental injury or the dat e of diagnosis or certification of the occupational disease.Matters concerning the determination of work-related injury that is r equired under the first paragraph of this Article to be conducted by the administrative department of labour security at the provincial le vel shall be handled by the administrative department of labour secur ity of a municipality having districts in which the Employer is locat ed according to the principle of jurisdiction.If the Employer fails to file an application for determination of wor k-related injury within the time limit prescribed in the first paragr aph of this Article， the relevant expenses such as the work-related injury benefits that comply with the provisions hereof arising during this period shall be borne by the Employer.Article 18 When filing an application for determination of work-rela ted injury， the following materials shall be submitted：1. an application for determination of work-related injury；2. the evidential materials of labour relationship with the Employer （including de facto labour relationship）； and3. a certificate of medical diagnosis or a certificate of diagnosis of occupational disease （or an assessment of diagnosis of occupatio nal disease）。

工伤条例英文

工伤条例英文The Work Injury RegulationIntroduction:The Work Injury Regulation is a set of rules and guidelines implemented by the government to protect the rights of workers and ensure their safety in the workplace. This regulation aims to prevent work-related injuries and provides compensation and support to workers who have been injured on the job.Scope:The Work Injury Regulation applies to all workers, both local and foreign, in various sectors such as manufacturing, construction, agriculture, and services. It covers permanent employees, part-time workers, contract workers, and apprentices. The regulation does not discriminate based on gender, age, or nationality.Key Provisions:1. Occupational Safety and Health Measures:Employers are required to provide a safe and healthy working environment for their employees. This includes regular inspections of equipment and machinery, provision of personal protective equipment, and proper training to prevent accidents and injuries. Employers must also inform workers of potential risks and hazards in the workplace.2. Reporting and Investigation of Work-related Injuries:All work-related injuries must be reported to the authorities immediately. Employers are obligated to investigate the cause of the injury and take appropriate actions to prevent similar incidentsin the future. Workers have the right to participate in the investigation process and provide their statements.3. Compensation and Support:Injured workers are entitled to compensation based on the severity of their injuries. This includes medical expenses, rehabilitation costs, lost wages, and disability benefits. The compensation should cover both the immediate and long-term consequences of the injury. Additionally, employers must bear the cost of transportation for medical treatments.4. Rehabilitation and Return to Work:Employers are responsible for providing rehabilitation services to injured workers to help them recover and reintegrate into the workplace. This may include physical therapy, vocational training, and modifications to the work environment to accommodate any disabilities. Employers should facilitate the gradual return of injured workers to their previous position or provide alternative work if necessary.5. Dispute Resolution:Any disputes arising from work-related injuries should be resolved through mediation or arbitration. Both parties should make an effort to reach a fair resolution without resorting to legal proceedings. However, if an agreement cannot be reached, workers have the right to seek legal advice and pursue their claims in court. Conclusion:The Work Injury Regulation plays a crucial role in ensuring the safety and well-being of workers in various sectors. It establishesclear guidelines for employers to prevent work-related injuries and provides a comprehensive compensation framework for injured workers. By complying with this regulation, employers contribute to a safer and more productive working environment, fostering a healthy and sustainable workforce.。

工伤保险条例英文-2013

工伤保险条例Regulation on Work-Related Injury InsurancesPART ONE GENERAL PROVISIONSArticle 1These Regulations are formulated in order to guarantee availability of medical treatment and econ omic compensation to staff and workers that suffer from work-related accidental injury or occupational diseas e，to promote prevention of work-related injury and vocational rehabilitation，and to distribute work-relate d injury risks of employers.Article 2All types of enterprises and sole traders that hire workers （Employer（s））shall participate in work-related injury insurance and pay work-related injury insurance premiums for all of the staff and worke rs or hired workers in their work unit （Employee（s））in accordance with the provisions hereof.The Employees of all types of enterprises and the hired workers of sole traders in the People's Republic of China shall have the right to enjoy the benefits of work-related injury insurance in accordance with the pr ovisions hereof.Article 3Collection and payment of work-related injury insurance premiums shall be carried out in accorda nce with the provisions in the Collection and Payment of Social Insurance Premiums Tentative Regulations regarding collection and payment of basic old age insurance premiums，basic medical insurance premiums and unemployment insurance premiums.Article 4An Employer shall announce within the work unit the relevant details of its participation in work -related injury insurance.An Employer and its Employees shall abide by the laws and regulations regarding safe production and prev ention and treatment of occupational diseases，implement safety and health regulations and standards，prev ent occurrence of work-related injury accidents and avoid and mitigate the harms of occupational diseases.If an Employee suffers from work-related injury，the Employer shall adopt measures to ensure that such E mployee receives timely rescue and treatment.Article 5The administrative department of labor security of the State Council shall be in charge of the w ork of work-related injury insurance throughout the country.The administrative departments of labor security of all levels of local people's governments at the county le vel and above shall be in charge of work-related injury insurance work within their respective administrative areas.The social insurance agencies established by the administrative departments of labor security in accordance with relevant provisions of the State Council （Agency/Agencies）shall undertake the practical affairs of wo rk-related injury insurance.Article 6Administrative departments of labor security and other departments shall seek the opinion of trad e unions and representatives of Employers when formulating policies and standards for work-related injury i nsurance.PART TWO WORK-RELATED INJURY INSURANCE FUNDSArticle 7Work-related injury insurance funds shall be composed of work-related injury insurance premiums paid by Employers，interest on work-related injury insurance funds and other funds paid into the work-rel ated injury insurance funds in accordance with law.Article 8The premium rate for work-related injury insurance shall be determined on the principles that rec eipt be determined on the basis of payment and that receipt and payment be balanced.The State shall determine premium rate differentials between industries according to the degree of risks of work-related injuries in different industries，and shall determine several tiers of premium rates within each industry according to circumstances such as the use of work-related injury insurance premiums and the freq uency of occurrence of work-related injuries. Inter-industry premium rate differentials and intra-industry prem ium rate tiers shall be formulated by the administrative department of labor security of the State Council an d shall be promulgated and implemented upon approval by the State Council.The Agency for a pooling region shall determine the work unit payable premium rate for an Employer on t he basis of such circumstances such as use of work-related injury insurance premiums and frequency of occ urrence of work-related injuries of the Employer，and the corresponding premium rate tier applicable to the industry to which the Employer belongs.Article 9The administrative department of labor security of the State Council shall periodically obtain the details of receipt and payment of work-related injury insurance funds of all pooling regions throughout the country，and shall propose adjustment to the inter-industry premium rate differentials and the intra-industry premium rate tiers in a timely manner. Such adjustment shall be promulgated and implemented upon approv al by the State Council.Article 10Employers shall pay work-related injury insurance premiums on time. Employees shall not pay work-related injury insurance premiums themselves.The amount of work-related injury insurance premium payable by an Employer shall be the product of the t otal payroll of the Employees of the work unit and the work unit payable premium rate.Article 11Work-related injury insurance funds shall be gradually handled and coordinated at provincial lev el.An inter-region industry or an industry with a relatively high level of production mobility may participate fro m another region in work-related injury insurance in a pooling region by adopting a method of relative con centration. The specific procedures shall be formulated by the administrative department of labor security of the State Council in conjunction with the department in charge of the relevant industry.Article 12Work-related injury insurance funds shall be deposited into a dedicated finance account for soci al security funds for benefits of work-related injury insurance，assessment of work capability and payment of other expenses for work-related injury insurance stipulated herein. No work unit or individual may use the work-related injury insurance funds for investment and operation，construction or renovation of office site，distribution of bonuses， or divert such funds to other uses.Article 13 A certain ratio of work-related injury insurance funds shall be maintained as reserves for payme nt of work-related injury insurance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves，the people's government of the pooling region shall advance the payment. The sp ecific ratio of reserves to the total amount of funds and the procedures for the use of reserves shall be stip ulated by the people's governments of provinces，autonomous regions or municipalities directly under the ce ntral government.PART THREE DETERMINATION OF WORK-RELATED INJURYArticle 14An Employee shall be determined as having a work-related injury if：1. he is injured in an accident at work during working hours in the workplace；2. he is injured in an accident while engaging in preparatory or finishing-up work related to work before or a fter working hours in the workplace；3. he is injured by violence or in other accident in his performance of job duties during working hours in t he workplace；4. he suffers from an occupational disease；5. he is injured at work or his whereabouts became unknown in an accident，during work-related travel；6. he is injured in a motor vehicle accident while going to or returning from work；or7. he is in other circumstances that shall be determined as work-related injury according to the provisions of laws and administrative regulations.Article 15An Employee shall be deemed as having a work-related injury if：1. he dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during w orking hours in the workplace；2. he is injured in an act to protect national interests or public interests such as emergency rescue and disast er relief；or3. he is injured and disabled in war or on duty while in military service and has obtained a revolutionary in jured and disabled soldier certificate，and suffers from a relapse of the old injury while being employed b y the Employer.Where an Employee is in the circumstance of Item （1） or （2）of the preceding paragraph，he shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions hereof. Where an Employee is in the circumstance of Item （3）of the preceding paragraph，he shall be entitled to wor k-related injury insurance benefits other than the lump sum disability allowance in accordance with the relev ant provisions hereof.Article 16An Employee shall not be determined or deemed as having work-related injury if：1. he is injured or he dies as a result of commission of crime or violation of public security administration；2. he is injured or he dies as a result of intoxication；or3. he inflicts harm on himself or commits suicide.Article 17If an Employee is injured in an accident or diagnosed or certified as having occupational disease pursuant to the provisions of the Prevention and Treatment of Occupational Diseases Law，his work unit s hall file an application for determination of work-related injury to the administrative department of labor security of the relevant pooling region within 30 days of the date of occurrence of the accidental injury or the date of diagnosis or certification of the occupational disease. In special circumstances，the time limit for app lication may，subject to the consent of the administrative department of labor security，be extended as ap propriate.If the Employer fails to file an application for determination of work-related injury pursuant to the precedin g paragraph，the Employee with work-related injury，his directly-related family members or the trade union m ay directly file an application for determination of work-related injury to the administrative department of la bor security of the pooling region in which the Employer is located within one year of the date of occurre nce of the accidental injury or the date of diagnosis or certification of the occupational disease.Matters concerning the determination of work-related injury that is required under the first paragraph of this Article to be conducted by the administrative department of labor security at the provincial level shall be handled by the administrative department of labor security of a municipality having districts in which the E mployer is located according to the principle of jurisdiction.If the Employer fails to file an application for determination of work-related injury within the time limit pr escribed in the first paragraph of this Article，the relevant expenses such as the work-related injury benefit s that comply with the provisions hereof arising during this period shall be borne by the Employer.Article 18When filing an application for determination of work-related injury，the following materials sha ll be submitted：1. an application for determination of work-related injury；2. the evidential materials of labor relationship with the Employer （including de facto labor relationship）；and3. a certificate of medical diagnosis or a certificate of diagnosis of occupational disease （or an assessment of diagnosis of occupational disease）。

工伤保险条例英文

工伤保险条例英文The Work Injury Insurance RegulationsChapter 1 General ProvisionsArticle 1 These Regulations are formulated in accordance with the provisions of the Work Injury Insurance Law of the People's Republic of China (hereinafter referred to as the "Work Injury Insurance Law") in order to protect the legitimate rights and interests of employees who suffer work-related injuries, promote the prevention and treatment of work-related injuries, and effectively implement the work injury insurance system.Article 2 Work injury insurance is a social insurance system that provides compensation to employees who suffer work-related injuries and benefits for medical treatment. It aims to alleviate the economic burden on employees and ensure their access to necessary medical services.Article 3 The work injury insurance system covers employees who are employed within the territory of the People's Republic of China, as well as overseas employees sent by their employer to work in foreign countries or regions.Article 4 The work injury insurance premium shall be paid by employers in accordance with the law. The amount of the premium shall be determined based on the ratio of the total payroll to the overall compensation level.Chapter 2 Workplace Injury PreventionArticle 5 Employers shall establish a sound workplace injury prevention system, conduct regular safety inspections, and take necessary measures to eliminate or mitigate hazards that may cause work-related injuries.Article 6 Employers shall provide necessary safety training for employees, especially those engaged in hazardous or dangerous work. The frequency and content of the training shall be specific to the nature of the work.Article 7 Employers shall purchase and maintain necessary safety equipment and provide employees with personal protective gear in accordance with relevant regulations.Chapter 3 Work Injury Identification and ReportingArticle 8 When an employee suffers an injury or death due towork-related causes, the employer shall immediately report the incident to the local work safety authority and the social insurance agency.Article 9 The employer shall assist employees in obtaining medical treatment and necessary documents for work injury identification. The employee and the employer shall jointly apply for work injury identification from the local work safety authority within the prescribed time limit.Article 10 The work safety authority shall promptly complete the work injury identification procedure upon receiving the application.The employee and the employer shall be notified of the work injury identification result, which shall serve as the basis for compensation determination.Chapter 4 Compensation and RehabilitationArticle 11 Compensation for work-related injuries shall be provided in accordance with the compensation standards determined by the State Council. The compensation shall cover medical expenses, disability benefits, dependent benefits, funeral expenses, and other necessary expenses.Article 12 The employer shall bear the responsibility for paying the work injury compensation and providing necessary rehabilitation services to the injured employee.Article 13 The employee shall have the right to choose a medical institution for treatment, within the scope of the designated medical institutions. The employer shall bear the medical expenses directly or reimburse the employee for reasonable expenses.Chapter 5 Legal LiabilityArticle 14 Employers who fail to fulfill their obligations under these Regulations shall be subject to relevant administrative penalties in accordance with the law.Article 15 Individuals and organizations that obstruct or impede the work injury identification and compensation process shall be held accountable in accordance with the law.Chapter 6 Supplementary ProvisionsArticle 16 These Regulations shall come into effect on the date of promulgation.。

工伤英语

工伤英语Workplace InjuryIn the modern world, workplace safety is of utmost importance. Despite significant efforts made by governments and organizations to better ensure safety, work-related injuries are still a prevalent issue. Workplace injuries not only cause physical harm to workers but also have lasting effects on their mental and emotional well-being. In this essay, I will discuss the causes and consequences of workplace injuries and propose some possible solutions.Firstly, there are various reasons why workplace injuries occur. One common cause is lax safety regulations and inadequate safety measures in the workplace. Some employers prioritize profit over the well-being of their employees, neglecting to implement necessary safety protocols and failing to provide protective equipment. In addition, lack of proper training and awareness among workers plays a significant role in increasing the risk of injuries. Many employees are unaware of safety procedures or fail to follow them due to ignorance or negligence.As a result of workplace injuries, workers suffer physical harm and face long-term health consequences. Workplace accidents can lead to serious injuries such as fractures, burns, falls, and even death. These injuries can impede workers' ability to continue their jobs and may require extended periods of medical treatment and rehabilitation. Furthermore, the psychological impact of workplace injuries should not be underestimated. Workers who experience traumatic incidents may develop anxiety, depression, or post-traumatic stress disorder, affecting their overall quality of life.To minimize workplace injuries, several measures can be taken. First and foremost, organizations should prioritize safety by establishing and enforcing strict safety regulations. Employers must be held accountable for providing a safe working environment and equipping workers with the necessary protective gear. Additionally, regular safety training programs should be conducted to educate workers about potential hazards and proper safety procedures. Raising awareness about workplace safety through seminars, workshops, and educational campaigns can also contribute to reducing injury rates.Moreover, it is crucial to create a culture of safety in the workplace. Encouraging open communication between employees and management regarding safety concerns and incidents is essential. Workers should feel comfortable reporting unsafe conditions or near-miss incidents without fear of retaliation. By creating a supportive environment, employers can foster a culture that values safety and encourages proactive measures to prevent accidents.Furthermore, governments should play an active role in ensuring workplace safety. They need to enact and enforce strict labor laws and safety regulations. Regular inspections and audits of workplaces should be conducted to ensure compliance. Employers who consistently violate safety regulations should face penalties and legal consequences. Additionally, workers' compensation programs should be improved to provide sufficient financial support and medical coverage for injured employees.In conclusion, workplace injuries are a significant concern thataffects not only the physical well-being of workers but also their mental and emotional health. Lax safety regulations, inadequate training, and lack of awareness contribute to the occurrence of these injuries. To address this issue, organizations must prioritize safety, train employees properly, and create a culture that values workplace safety. Governments should enact and enforce stricter regulations, conduct regular inspections, and improve workers' compensation programs. Only by taking collective action can we minimize workplace injuries and ensure the well-being of workers.。

英文工伤保险

The problem of treatment and issue of employment injury insurance in our country[Abstract] China's "industrial injury insurance regulations" set up to protect the injured workers can enjoy treatment of inductrial injury insurance and the right remedy. After the implementation of the regulations for development, promote the industrial injury insurance business to protect the rights of injured workers has played a huge role. However, in practice, especially there are still many problems can not be ignored in the treatment of industrial injury insurance payment received and, seriously affected the development of injured workers' legitimate rights and interests of the employment injury insurance. The treatment of industrial injury insurance is not high, and the workers in order to obtain appropriate compensation for human rights activists also had to pay a high cost, the treatment of inductrial injury insurance in the implementation of the existing problems, let the workers have to endure physical pain at the same time we also get the enormous burden of mental and family. Therefore, we should base on the China situation, find out the countermeasures to solve these problems, in order to establish a scientific and reasonable and meet the conditions of our country industrial injury insurance legal system in china.[keyword] injury insurance benefits received paymentOn the Treatment of Industrial Injury Insurance and Payment IssuesAbstract: China's "Industrial Insurance Rules" set up to protect injured workers can enjoy the work injury insurance benefits and the corresponding right to relief. Implementation of the Ordinance to promote the development of industrial injury insurance, protect the interests of injured workers to play a significant role. However, the practice, particularly in the treatment of industrial injury insurance payment received and there are still many problems can not be ignored, seriously affected the legal rights of injured workers and industrial injury insurance industry. Industrial injury insurance benefits should not have high, and injured workers in order to obtain appropriate compensation for human rights activists also had to pay a high cost, making the work injury insurance benefits in the implementation of the existing problems, so that injured workers bear the physical pain at the same time have allowed the enormous burden of mental and family suffering. Therefore, we should be based on the Chinese sit Uation, identify theinjured workers receive the work injury insurance benefits in the implementation of the existing problems, will help China establish a scientific and reasonable and in line with the legal situation of our country's industrial injury insurance system.Keywords:Work injury insurance benefits; Accept; GrantAn overview of the treatment of work-related injury insurance system(a) the meaning of the work injury insurance benefitsThe treatment of work-related injury insurance refers to the workers for a remedy and compensation work occurred in temporary or permanent damage to human health or life, its role is to enable the disabled medical, life protection, basic life. The dead survivors are protected. It isone of the social insurance benefits, is a kind of material state established by law in the social security system to help the degree of injury, the social insurance agencies according to inductrial injury worker by people, reduce labor parameters, determine the material to help injured workers. This kind of material help to protect the basic living needs of workers, it does not belong to tort compensation, but belongs to the social material help. This kind of material help embodies the basic concept of social existence and social development as the standard, not to pay people —treatment demands of social insurance agencies and injured workers as the standard, framework of social fairness and justice, the alienation of the individual justice and individual justice. Treatment of inductrial injury insurance level, the number of projects, the level of social life and economic development level and people depend on the country or the region.(two) the content and types of work injury insurance benefitsThe treatment of work-related injury insurance includes three aspects: first, the compensation of insurance, workers' injury 'in the production process, due to the occurrence of unexpected cause harm, temporarily, partially lost the ability to work, give the corresponding insurance compensation. Second, the insurance, workers' residual 'due to disease, including occupation occupation injury, although the rest treatment is still not fully recovered, so that physical or mental function of partial or complete loss of material, should be given appropriate compensation. Third, the 'death' insurance, workers in the labor process in injury and death, the survivors of the corresponding material compensation. Types of work-related injury insurance benefits generally include: 1 medical treatment of work-related injuries; 2 suspension with pay; 3 disability caused by work-related injury treatment: nursing fees, fees for supplementary instruments, one-time disability allowance, disability allowance, pension of Medicaid and one-time employment subsidies; 4 for death benefits: funeral subsidies, family support pension, one-time grants workers killed, declared dead 5 occupation disease treatment; treatment.(three) the development of industrial injury insurance system in ChinaThe treatment of work-related injury insurance system in China is an important part of the construction of the legal system of insurance. In early twentieth Century 80 after the middle period of the 1990s, China began to expand the pilot work, the industrial injury insurance reform in some areas in 1996 August, based on the summary of all experimental units, the Ministry of labor and social security issued the "enterprise workers injury insurance pilot scheme", the same year, the State Bureau of Technical Supervision issued the "work related injuries and occupation the degree of disability identification of disease". When the "Trial Measures" of the enterprise is still the object of its workers, it is the determination of work-related injuries, treatment and support project This responsibility must be clear, some work is mainly high medical costs, timely treatment will not cause serious disability or even not what disability, because of the importance of timely treatment of injured workers did not lead to serious disability and even death is not uncommon that the advance medical expenses. Therefore, it is necessary to clear the employer or the company's liability insurance fund to advance medical expenses.(2) medical treatment of inductrial injury worker transportation in the local area and how to dealwith is not clearly stipulated in the regulations also do in. Although the traffic cost problem involving the interests of relatively small, but we should know that for workers, especially low wage laborers for every penny earned money especially in the unfortunate suffering fromwork-related injuries, and transportation costs are not a small cost. Therefore, the problem can not be ignored.2, disability AIDS charges problemWorkers in the labor relations is how to pay for prosthetic or other auxiliary devices cost not in the regulations provisions, however, when workers in labor relations with the employer, often because of a dispute prostheses expenses.3, work-related injury insurance benefits no compensation for moral damage problemA worker's personal injury. Often brings physical pain, mental pain and mental trauma. Especially in the lead workers due to injury of body organs, injury damage, loss and loss of function that cannot be recovered, and always can not make up is more for workers causing serious mental harm. These injuries will affect the worker's lifetime of happiness, not only caused great mental pain, but also easily lead to related mental disorders. But according to the "Regulations" provisions, the injured workers in addition to obtain related disability benefits, but can not get any compensation for mental damage, the inductrial injury him is unfair.The compensation standard of 4, China's legislation on one-time injury Medicaid, disability employment allowances and grants workers killed without uniform provisions, resulting in the practice in the provinces of treatment vary greatly, the same price, with no residual life "phenomenon. To make uniform provisions, the provisions of the legislative level of this problem are of mutual conflict, to make clear that this basic law. In practice there is also the case of different processing conditions, the occurrence of such a situation, is not conducive to the unity and authority of the law, is not conducive to effectively resolve social contradictions.(two) migrant workers enjoy treatment of inductrial injury insurance problems encounteredToo much to participate in work-related injury insurance of migrant workers get insurance benefits program, for a long time. Participate in work-related injury insurance of migrant workers to get the insurance money after work-related injury confirmation, labor ability appraisal and approval and enjoy treatment of inductrial injury insurance three program. So, to get the insurance money at least half a year. Not after the audit, the insurance company will not easily give migrant workers a prepaid expenses. So many programs, so that migrant workers inductrial injury rights difficult. In these periods, migrant workers eat to live or to spend money, and spending will only increase. So the complicated injury treatment program, the inductrial injury medical treatment and compensation rights of migrant workers can not get good protection.The current industrial injury insurance legal system in the treatment of inductrial injury insurance is not set for program. Our current system is essentially a considerable part of the employerliability mode, work-related injury, complete labor ability appraisal after means that the parties enjoy the treatment of work-related injury insurance to automatism no implementation. Automatic payment of work-related injury insurance benefits cannot overcome technical barriers corresponding.(three) the old treatment of injuriesThe old industrial enterprises and social progress has made a considerable contribution, but their injury treatment is relatively low, many of the old industrial workers not only had been suffering from physical torture, their life is always at a low level. Therefore, to solve the old problem of the treatment of work-related injuries is not only related to the old industrial personal interests, but also safeguard social stability, effective measures to reflect the superiority of socialism.(four) the overall level of China's industrial injury insurance treatment, provides only basic treatment, and no special subsidy system.Many countries in the world have provided special treatment of inductrial injury insurance subsidy system. For example, the benefits of work-related injury insurance regulations in Spain: "married than unmarried for high pay, more children than less children get high pay, permanent total disability payment standard for 100% of the number of subsidies, the highest income shall not exceed the limit and pay insurance premiums for 51180 yuan per month, the lowest ratio a dependent spouse; 60200 yuan, often care allowance payment standard for pension 50%, total 76770 yuan more than the minimum monthly subsidy, a spouse for 90330 yuan of occupation ratio; permanent disability payment standard for subsidies to base 55%, if the age of 55, plus 20%, the lowest (over 64 years of age) for 5118 yuan per month than the person who has a spouse, for more than 60200 yuan". Such detailed provisions give full consideration to the different needs of different family workers in the event of accidents, to meet the different needs of family economic subsidies, but China has no development in this area.(five) can be obtained at the same time the treatment of inductrial injury worker of industrial injury insurance and civil compensation is not clearAt the same time can obtain compensation for injured workers injury insurance benefits and civil, this problem has been the focus of academic debate. As we know, industrial workers have the right to obtain double compensation, the existing legal basis, but also to meet the legal. But does it mean that injured workers can actuallyWe must improve the legislation on the rights of injured workers from a reasonable basis.(two) establish a special fund for migrant workers after the first treatment procedureMigrant workers after the occurrence of accidents, the insurance premium is a place to take a long time, the two is for migrant workers who have no insurance, they will probably involve a long course of treatment procedure, funds for months or even years can not be put in place, for migrant workers are not rich, right to life has been tough the challenge. The industrial injury insurance tomigrant workers being injured when hurt, enough to heal the patient for the economy. But the reality of the industrial injury insurance system of migrant workers can not reach the original intention of setting up insurance system. As for the later work injury insurance claims, or the employer and the litigation costs, can only play the role of compensation can not solve the urgent need for the treatment of work-related injury of migrant workers. Such a huge contradiction, urgent legislation to solve. If the establishment of a special fund, by inductrial injury damage in migrant workers, by the unified fund for the first treatment, the insurance claims matters after the work-related injury insurance fund to repay. Those who do not have insurance for migrant workers, the fund can also provide appropriate treatment costs for it, wait until after the procedure, then the employer should pay the cost of treatment to the fund. The special fund, so that migrant workers can be the first time after the injury medical treatment of migrant workers settled, completely change the claim in the weak position, to restore the physical and mental health. The fund proposed by the labor security department to exercise unified, the use of the funds, the Department of labor and social security to the public. The sources of funds can be a part of the state, thework-related injury insurance premiums deducted part, can also be a part of social donation. This solves the problem of delays in the implementation of the cost of treatment.(three) develop old injury treatment solutionThe old industrial enterprises and social progress has made a considerable contribution, but their injury treatment is relatively low, many of the old industrial workers not only had been suffering from physical torture, their life is always at a low level. Therefore, to solve the old problem of the treatment of work-related injuries is not only related to the old industrial personal interests, but also safeguard social stability, effective measures to reflect the superiority of socialism.To solve the problem of old injuries, one is to establish a diversified financing channels, through the industrial injury insurance fund interest, government subsidies, social welfare activities such as raising the work-related injury insurance fund; two is to strengthen management, strictly implement the system and confirm the injury recurrence of injury insurance related catalogue and hospitalization service standard.(four) establish a system of industrial injury insurance subsidy typeOur country can reference the international industrial injury treatment subsidy system, combined with China's national conditions, industrial subsidy system with Chinese characteristics fit with our reality, formulate corresponding regulations according to different situation, in order to make our system more reasonable treatment scheme, improve the overall level of China's industrial injury treatment the. Be in line with international standards, expand the treatment of inductrial injury insurance relief system.(five) the treatment of work-related injury insurance and civil compensation, the implementationof "work injury insurance and civil compensation system."At the same time can obtain compensation for injured workers injury insurance benefits and civil,this problem has been the focus of academic debate. At present, there are mainly two kinds: one is the tendency of international industrial injury insurance instead of civil compensation, the workers in the event of accidents can only enjoy the treatment of work-related injury insurance, and cannot obtain civil compensation; another is the complement of workers in the event of accidents that can enjoy the treatment of work-related injury insurance, can also obtain civil compensation some. The treatment of work-related injury insurance system in our country is not clearly defined between the two, in practice more easily lead to disputes. Analysis on the present situation of our country, because China's economy is undeveloped, the industrial injury insurance fund payment ability is also weak, in ensuring the benefits of the work injury insurance level, it is difficult to implement the "by the treatment of inductrial injury insurance instead of civil compensation system" and the international general implementation of this system are developed countries, such as Germany, Switzerland, has a solid economic foundation. Therefore, the current situation in China to implement "work injury insurance and civil compensation system, and both" clear through this system to reduce the possible dispute in practice, our country should reduce payment ability of the work-related injury insurance fund pressure, and the "double" system will help protect and improve the payment level workers inductrial injury treatment.Four, the conclusionHungarian poet Petfi poem "life is precious", indeed, life and health is the material carrier and the basis of all the high quality of life, and the establishment of national treatment of inductrial injury insurance system is for work-related injury insurance staff to provide timely, effective, necessary medical treatment and ensure the rehabilitation and regain the ability to work. In order to achieve this purpose satisfactorily, it is necessary for us to find out the problems in the treatment of inductrial injury insurance and make it perfect, so that China's industrial injury insurance system to mature, to protect the interests of injured workers from various aspects.Reference:[1], Zhang Juguo, Ma Hongxia. Labor and social security law [M]. Beijing. Peking University press, 2010[2] Yuan Yanpeng. Labor and social security legal system [M].. Beijing labor and social security press China, 2008[3] Huang Leping. The latest injury treatment practice [M]. Beijing legal publication.。

工伤保险条例知识英文

工伤保险条例知识英文The Knowledge of Work-related Injury Insurance RegulationsWork-related injury insurance regulations are designed to protect employees who are injured or become ill as a result of their work. These regulations ensure that employees receive proper compensation and medical care in the event of a work-related injury or illness. Understanding these regulations is crucial for both employers and employees to ensure that they are properly covered and protected in the event of a work-related injury.One of the key aspects of work-related injury insurance regulations is the requirement for employers to provide coverage for their employees. In most jurisdictions, employers are required to carry work-related injury insurance for their employees, and failure to do so can result in significant penalties. This insurance coverage is designed to provide financial support and medical care for employees who are injured or become ill as a result of their work.Employees are also required to be aware of their rights and responsibilities under work-related injury insurance regulations. It is important for employees to report any work-related injuries or illnesses to their employer as soon as possible, and to seek medical attention if necessary. By following these steps, employees can ensure that they receive the proper compensation and medical care that they are entitled to under the regulations.In addition to providing coverage for employees, work-related injury insurance regulations also outline the process for filing and resolving claims. Employeeswho are injured or become ill as a result of their work are entitled to file a claim for compensation and medical care. This process typically involves submitting a claim to the employer or the insurance provider, and may require the employee to provide medical documentation and other evidence to support their claim. Employers are also required to cooperate with employees who file work-related injury insurance claims, and to provide the necessary information and documentation to support the claim. This may include providing access to medical records, witness statements, and other evidence related to the injury or illness. By following these regulations, employers can ensure that their employees receive the proper compensation and medical care that they are entitled to under the law.Understanding work-related injury insurance regulations is essential for both employers and employees to ensure that they are properly covered and protected in the event of a work-related injury. By providing coverage for employees, outlining the process for filing and resolving claims, and requiring cooperation between employers and employees, these regulations help to ensure that injured or ill workers receive the support and care that they need to recover and return to work. It is important for both employers and employees to familiarize themselves with these regulations to ensure that they are in compliance and properly protected in the event of a work-related injury or illness.。

英文保险条款

英文保险条款IntroductionInsurance policies are legal contracts between an insurance company and an individual or organization. These contracts, written in a formal and structured manner, define the terms and conditions under which the insured party will be compensated in the event of a covered loss. In this article, we will explore the essential components of English insurance policies.1. Insuring AgreementThe insuring agreement is a key section of the insurance policy that outlines the scope of coverage provided by the insurer. It includes details such as the types of risks covered, the duration of coverage, and any limitations or exclusions that apply. This section clearly defines what events or circumstances will trigger the policy and entitle the insured party to compensation.2. DefinitionsTo ensure clarity and consistency throughout the policy, insurance contracts often include a section dedicated to definitions. In this section, commonly used terms and jargon are defined to avoid ambiguity and misunderstandings. Definitions can range from simple terms like "insured party" to more specific terms related to the type of insurance policy being offered.3. Premiums and DeductiblesInsurance policies require the payment of premiums by the insured party in exchange for coverage. The premium is typically calculated based on factors such as the level of risk, the insured party's claims history, and the policy coverage limits. Deductibles, on the other hand, refer to the amount that the insured party must pay out of pocket before the insurance coverage kicks in.4. Coverage Limits and ExclusionsInsurance policies often contain clauses that specify the maximum amount the insurer will pay out in the event of a covered loss. These coverage limits can apply to specific categories of losses, such as bodily injury or property damage. Additionally, policies include exclusions, which are events or circumstances that are not covered by the insurance policy. It is crucial for the insured party to thoroughly review the coverage limits and exclusions to understand the extent of their protection.5. Claims ProceduresThe claims procedures section explains the process that the insured party should follow in the event of a covered loss. It outlines the steps to report a claim, the documentation required, and the time frame in which a claim must be filed. Clear guidelines and timeframes help facilitate a smooth claims process, ensuring that the insured party receives prompt compensation.6. Termination and CancellationInsurance policies usually include provisions outlining the circumstances under which the policy can be terminated or canceled. Both the insurer and the insured party may have the right to terminate the policy under specificconditions. For example, non-payment of premiums or a significant change in risk profile may lead to termination or cancellation.ConclusionIn conclusion, English insurance policies are comprehensive legal agreements that establish the rights and responsibilities of both the insured party and the insurer. By clearly defining the scope of coverage, premiums, deductibles, and claims procedures, these policies mitigate risks and provide peace of mind to individuals and organizations. Understanding the key components of insurance policies is essential for ensuring adequate protection and compliance with contractual obligations.。

人力资源社会保障部关于执行《工伤保险条例》若干问题的意见

人力资源社会保障部关于执行《工伤保险条例》若干问题的意见发布日期：2013-04-25浏览次数：198219人社部发〔2013〕34号各省、自治区、直辖市及新疆生产建设兵团人力资源社会保障厅（局）：《国务院关于修改〈工伤保险条例〉的决定》（国务院令第586号）已经于2011年1月1日实施。

为贯彻执行新修订的《工伤保险条例》，妥善解决实际工作中的问题，更好地保障职工和用人单位的合法权益，现提出如下意见。

一、《工伤保险条例》（以下简称《条例》）第十四条第（五）项规定的“因工外出期间”的认定，应当考虑职工外出是否属于用人单位指派的因工作外出，遭受的事故伤害是否因工作原因所致。

二、《条例》第十四条第（六）项规定的“非本人主要责任”的认定，应当以有关机关出具的法律文书或者人民法院的生效裁决为依据。

三、《条例》第十六条第（一）项“故意犯罪”的认定，应当以司法机关的生效法律文书或者结论性意见为依据。

四、《条例》第十六条第（二）项“醉酒或者吸毒”的认定，应当以有关机关出具的法律文书或者人民法院的生效裁决为依据。

无法获得上述证据的，可以结合相关证据认定。

五、社会保险行政部门受理工伤认定申请后，发现劳动关系存在争议且无法确认的，应告知当事人可以向劳动人事争议仲裁委员会申请仲裁。

在此期间，作出工伤认定决定的时限中止，并书面通知申请工伤认定的当事人。

劳动关系依法确认后，当事人应将有关法律文书送交受理工伤认定申请的社会保险行政部门，该部门自收到生效法律文书之日起恢复工伤认定程序。

六、符合《条例》第十五条第（一）项情形的，职工所在用人单位原则上应自职工死亡之日起5个工作日内向用人单位所在统筹地区社会保险行政部门报告。

工伤保险英语

工伤保险英语Worker"s compensation insurance is a type of insurance that provides medical benefits to employees who are unable to work due to a medical condition or injury. It is also known as worker"s compensation or job-protected health insurance.Worker"s compensation insurance provides coverage for a range of expenses, including medical expenses, lost income, and benefits for失业和残疾. The policy also includes coverage for 雇主责任险, which pays for medical expenses and claims against 雇主 for employee injuries caused by the雇主" actions.The cost of worker"s compensation insurance can vary depending on the company"s policies and the type of coverage offered. In some cases, the insurance is required by the country or state where the employee works, while in others, it may be optional.In many countries, worker"s compensation insurance is provided by companies or by the governments. However, it is also available through individual policies purchased by individuals.Worker"s compensation insurance is an important tool for protecting employees and their families from financial losses due to medical expenses or injuries on the job.。

【人社部发[2013]34号】人力资源社会保障部关于执行《工伤保险条例》若干问题的意见

人力资源社会保障部关于执行《工伤保险条例》若干问题的意见（人社部发[2013]34号）稿件来源：人力资源社会保障部发布日期：2013-05-16 字体大小：【大】【中】【小】发布日期：2013-04-25 浏览次数：9815 各省、自治区、直辖市及新疆生产建设兵团人力资源社会保障厅（局）：《国务院关于修改〈工伤保险条例〉的决定》（国务院令第586号）已经于2011年1月1日实施。

为贯彻执行新修订的《工伤保险条例》，妥善解决实际工作中的问题，更好地保障职工和用人单位的合法权益，现提出如下意见。

二、《条例》第十四条第（六）项规定的“非本人主要责任”的认定，应当以有关机关出具的法律文书或者人民法院的生效裁决为依据。

三、《条例》第十六条第（一）项“故意犯罪”的认定，应当以司法机关的生效法律文书或者结论性意见为依据。

四、《条例》第十六条第（二）项“醉酒或者吸毒”的认定，应当以有关机关出具的法律文书或者人民法院的生效裁决为依据。

无法获得上述证据的，可以结合相关证据认定。

五、社会保险行政部门受理工伤认定申请后，发现劳动关系存在争议且无法确认的，应告知当事人可以向劳动人事争议仲裁委员会申请仲裁。

在此期间，作出工伤认定决定的时限中止，并书面通知申请工伤认定的当事人。

劳动关系依法确认后，当事人应将有关法律文书送交受理工伤认定申请的社会保险行政部门，该部门自收到生效法律文书之日起恢复工伤认定程序。

工伤保险条例2013全文

工伤保险条例2013全文《中华人民共和国工伤保险条例》于2013年7月1日正式实施，旨在保护工人安全健康和提高工作条件，确保工伤赔偿、康复和福利等权益。

全文如下：第一章总则第一条为了保障工人安全健康和提高工作条件，实现工伤保险制度的基本要求，制定本条例。

第二条工伤保险是国家为从事劳动的职工提供的一种社会保险，用于保障职工在工作中因意外伤害或职业病引起的经济损失。

第三条职工因工作原因发生的意外伤害或职业病，应当依照本条例规定由用人单位或者其他依法应当承担责任的单位或者个人承担工伤保险责任。

第四条工伤保险应当遵循公益性、共济性、统筹性、综合性原则，实行社会保险基金统一管理，以缓解劳动者因工致残、因工致死所引发的社会问题。

第二章工伤保险的适用范围第五条本条例所称职工是指按照国家有关规定，与用人单位签订了劳动合同或者其他形式的合同，从事工作的人员。

本条例所称用人单位是指在中华人民共和国境内依法设立、承担用工管理职责的企业、事业单位、中介组织等法定单位。

第六条职工在下列情况下因意外伤害或职业病发生的经济损失，本条例予以保障：（一）在工作时间和工作场所内发生的伤害或疾病；（二）在工作时间和工作场所外，为了工作需要从事的活动，发生的伤害或疾病；（三）在工作时间和工作场所外，因公务接待、公务考察、公务培训、公务会议等活动，发生的伤害或疾病；（四）在上下班途中发生的伤害或疾病。

第七条下列情况下职工因意外伤害或职业病发生的经济损失，不属于本条例所保障的范围：（一）因职工本人故意行为或者违法犯罪行为；（二）因职工在休息、就餐、休假、探亲、旅游等非工作时间和非工作场所内的活动中发生的伤害或疾病；（三）因职工自愿参加的体育锻炼、娱乐活动等非工作需要的活动中发生的伤害或疾病。

第八条本条例所称意外伤害是指因突发事件、职业事故或者其他原因在工作时间和工作场所内外发生的伤害。

本条例所称职业病是指因工作原因引起的疾病。

第九条用人单位在本条例规定范围内的，应当依照本条例的规定参加工伤保险，为职工承担工伤保险责任。

工伤保险条例

工伤保险条例XXX's n to Amend the Work Injury Insurance ns。

XXX December 8.2010.is XXX and shall come into effect on January 1.2011.Article 2 XXX: "Employers。

including enterprises。

ns。

social ns。

private non-enterprise units。

ns。

law firms。

accounting firms。

XXX of the People's Republic of China。

as well as self-employed individuals with employees (XXX) XXX these ns and pay work injury insurance premiums for all their employees or workers (hereinafter referred to as workers)。

Workers of enterprises。

ns。

social ns。

private non-enterprise units。

ns。

law firms。

accounting firms。

XXX of the People's Republic of China。

as well as the employees of self-employed individuals。

shall enjoy the right to work XXX."Article 8.paragraph 2.XXX: "The state shall determine different rates for different industries based on the degree of work injury risk and。

工伤保险条例英文

工伤保险条例英文Regulations on Work-related Injury InsuranceChapter 1 General ProvisionsArticle 1 These Regulations are formulated in accordance with the Work-related Injury Insurance Law of the People's Republic of China to regulate work-related injury insurance and protect the legitimate rights and interests of insured individuals.Article 2 Work-related injury insurance is a social insurance system that aims to provide insured individuals with compensation and medical care in the event of a work-related injury or occupational disease.Article 3 Work-related injury insurance covers employees engaged in occupational activities and receiving salaries or remuneration. Employers are responsible for purchasing work-related injury insurance for their employees.Article 4 The Work-related Injury Insurance Fund is established to manage work-related injury insurance. The Fund is divided into a central fund managed by the state and a local fund managed by provincial governments.Article 5 The State Council's Human Resources and Social Security Department is responsible for formulating and implementing work-related injury insurance policies and regulations. Local governments are responsible for enforcing these policies at a regional level.Chapter 2 Insured IndividualsArticle 6 Employees engaged in the following activities are entitled to work-related injury insurance:1. Those engaged in labor employment relationships, includingfull-time, part-time, and temporary workers.2. Work-study students, interns, and people participating in vocational skills training.3. Students and staff in boarding schools and dormitories who are injured during school hours or while participating in school activities.4. Employees dispatched by a labor dispatch agency.5. Self-employed individuals in certain high-risk occupations. Article 7 The following individuals are not covered by work-related injury insurance:1. Those employed by private individuals to perform non-profit domestic services.2. Those employed by family members to perform agricultural or sideline work.3. Those performing household chores or raising children with no labor employment relationship.4. Those on leave without pay.5. Those engaged in non-occupational activities outside of working hours.Chapter 3 Insurance Coverage and BenefitsArticle 8 Insured individuals are entitled to compensation for temporary disability, medical care, disability, death, and funeral fees if they suffer a work-related injury or occupational disease.Article 9 Temporary disability benefits are paid to insured individuals who are unable to work due to a work-related injury or occupational disease. The benefits are calculated based on the average monthly salary and the duration of the disability.Article 10 Medical care benefits cover the necessary medical expenses incurred as a result of a work-related injury or occupational disease.Article 11 Disability benefits are paid to insured individuals who have suffered a permanent disability as a result of a work-related injury or occupational disease. The benefits are based on the degree of disability.Article 12 Death benefits are paid to the family members of insured individuals who die as a result of a work-related injury or occupational disease.Article 13 Funeral benefits are paid to the family members of insured individuals who die as a result of a work-related injury or occupational disease to cover funeral expenses.Chapter 4 Insurance Premiums and ManagementArticle 14 Employers are required to purchase work-related injuryinsurance for their employees and pay the insurance premiums in a timely manner.Article 15 The insurance premium rates are determined by the state and vary based on the industry and occupation of the insured individuals.Article 16 Employers who fail to purchase work-related injury insurance for their employees or pay the insurance premiums may be subjected to penalties and legal liabilities.Chapter 5 Supplementary ProvisionsArticle 17 Work-related injury insurance should be combined with employment injury prevention, rehabilitation, and occupational health and safety measures to effectively reduce work-related injuries and occupational diseases.Article 18 These Regulations come into effect on [date] and supersede any previously issued regulations or provisions that are inconsistent with these Regulations.Article 19 The interpretation of these Regulations shall be the responsibility of the State Council's Human Resources and Social Security Department.。

本刊特稿SpecialManuscript《工伤保险条例》五大亮点解读Explanation

锦程律师事务所
KING’S
L A W
WISDOM
O F F I C E
本刊特稿
Special Manuscript
Spouse and children also will be brought into guarantee. It is reported that the spouse of foreigners and persons with foreign permanent residency (male should not exceed 60 years old and female should not exceed 55 years old) could attend social insurance in accordance with the measures of flexible employment of Wuxi and they also can attend basic medical insurance and supplementary medical insurance solely. And their children studying in all kinds of full-time school of Wuxi can attend resident medical insurance according to relevant regulations. As a result, it has basically realized that making social insurance treatment fully cover all family members of foreigners and persons with foreign permanent residency when working in Wuxi and it offers reliable guarantee to them when they are bringing forth new ideas and beginning an undertaking in Wuxi. 据社保部门介绍，港澳台人员虽不属于外籍人员、不适用该意见，但港澳台人员几年前就可以在无锡交纳社会保险。 According to the explanation made by Social Insurance Bureau, although the person of Hong Kong, Macao and Taiwan is not foreigner and the Opinions cannot be applied to them, the person of Hong Kong, Macao and Taiwan could contribute social insurance in Wuxi before many years ago.

人力资源和社会保障部关于执行《工伤保险条例》若干问题的意见

⼈⼒资源和社会保障部关于执⾏《⼯伤保险条例》若⼲问题的意见颁布单位：⼈⼒资源和社会保障部⽂号：⼈社部发[2013]34号颁布⽇期：2013-04-25执⾏⽇期：2013-04-25时效性：现⾏有效效⼒级别：部门规章各省、⾃治区、直辖市及新疆⽣产建设兵团⼈⼒资源社会保障厅(局)：《国务院关于修改〈⼯伤保险条例〉的决定》(国务院令第586号)已经于2011年1⽉1⽇实施。

为贯彻执⾏新修订的《⼯伤保险条例》，妥善解决实际⼯作中的问题，更好地保障职⼯和⽤⼈单位的合法权益，现提出如下意见。

⼀、《⼯伤保险条例》(以下简称《条例》)第⼗四条第(五)项规定的“因⼯外出期间”的认定，应当考虑职⼯外出是否属于⽤⼈单位指派的因⼯作外出，遭受的事故伤害是否因⼯作原因所致。

⼆、《条例》第⼗四条第(六)项规定的“⾮本⼈主要责任”的认定，应当以有关机关出具的法律⽂书或者⼈民法院的⽣效裁决为依据。

三、《条例》第⼗六条第(⼀)项“故意犯罪”的认定，应当以司法机关的⽣效法律⽂书或者结论性意见为依据。

四、《条例》第⼗六条第(⼆)项“醉酒或者吸毒”的认定，应当以有关机关出具的法律⽂书或者⼈民法院的⽣效裁决为依据。

⽆法获得上述证据的，可以结合相关证据认定。

五、社会保险⾏政部门受理⼯伤认定申请后，发现劳动关系存在争议且⽆法确认的，应告知当事⼈可以向劳动⼈事争议仲裁委员会申请仲裁。

在此期间，作出⼯伤认定决定的时限中⽌，并书⾯通知申请⼯伤认定的当事⼈。

劳动关系依法确认后，当事⼈应将有关法律⽂书送交受理⼯伤认定申请的社会保险⾏政部门，该部门⾃收到⽣效法律⽂书之⽇起恢复⼯伤认定程序。

六、符合《条例》第⼗五条第(⼀)项情形的，职⼯所在⽤⼈单位原则上应⾃职⼯死亡之⽇起5个⼯作⽇内向⽤⼈单位所在统筹地区社会保险⾏政部门报告。

七、具备⽤⼯主体资格的承包单位违反法律、法规规定，将承包业务转包、分包给不具备⽤⼯主体资格的组织或者⾃然⼈，该组织或者⾃然⼈招⽤的劳动者从事承包业务时因⼯伤亡的，由该具备⽤⼯主体资格的承包单位承担⽤⼈单位依法应承担的⼯伤保险责任。

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工伤保险条例2013全文

工伤保险条例

工伤保险条例英文

本刊特稿SpecialManuscript《工伤保险条例》五大亮点解读Explanation

人力资源和社会保障部关于执行《工伤保险条例》若干问题的意见

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