Inquiry comments!Rejuvenating work injury insurance

Author:Anhui released Time:2022.07.10

If a casualty accident occurs in employers, the social insurance administrative department shall be reported in a timely manner within 48 hours; if the employees are employed at the same time in two or more employers at the same time, the employers shall pay work injury insurance premiums for employees. The unit where the work is working is responsible for work injury insurance according to law ... Recently, the "Anhui Province Implementation of the" Regulations on the Injury Insurance "(Amendment of the Draft for the Draft for the Draft)" (hereinafter referred to as the "Draft for Soliciting Opinions") publicly consults public opinion.

The casualty accident occurred in the employer should be reported in time within 48 hours

The "Draft for Soliciting Opinions" states that the "casualties occurred in employers, and the city, county (district, city) social insurance administrative department should be reported in a timely manner, with a maximum of not more than 48 hours.

Employees have been diagnosed and appraised as occupational diseases in accordance with the provisions of the Occupational Disease Prevention Law. The employer shall submit an application for work injury identification within 30 days from the date when the accident damage occurs or is diagnosed or appraisal. In case of special circumstances, the application time limit can be extended for 30 days after reporting to the consent of the social insurance administrative department. If the employer fails to apply for a work injury identification in accordance with the provisions of the preceding paragraph, the injured employee or its close relatives, and the union organization can submit an application for work injury identification within one year from the date of accident damage or diagnosis and appraisal as occupational disease.

Employees or their close relatives believe that they are work injuries. The employer does not consider it to be a working injury. The employer shall submit the certification materials within 15 days from the date of receiving the notice of the social insurance administrative department. If the employer has not been proved within the time limit, the social insurance administrative department may make a decision on work injury according to law based on the evidence provided by the injured employee or the evidence provided by the injured employees or the procedures.

Optimize adjustment of two disposable work injury insurance benefits standards

The "Draft for Soliciting Opinions" clearly states that if employees are identified as 5 or 6 -level disability due to work disability, employees shall pay the disability allowances as the base and pay various societies in accordance with regulations and pay various society in accordance with regulations. After deducting the various social insurance premiums paid by the individual, if the actual amount of the disability allowance is lower than that of the local minimum wage standard, the employer will make up the difference. The employees of the work injury themselves have proposed that employees can terminate or terminate the labor relationship with the employer, and the work injury insurance fund will pay the one -time work injury medical subsidy, and the employer will pay the one -time disability employment subsidy. Based on the average monthly salary of employees in the province during the termination or termination of labor relations, the standard for disposable work injury medical subsidies: 5 -level disability is 28 months, and level 6 disability is 22 months; disposable disability employment employment Standards for subsidies: Fifth -level disability is 40 months, and the sixth level of disability is 34 months.

If the employee is identified as a disability in level seven to 10 due to work disability, the term of labor and employment contracts is terminated, or the employee himself proposes to terminate the labor and hire contract, shall pay a one -time work injury medical subsidy by the Work Injury Insurance Fund. Unit pays disposable employment subsidies. Based on the average monthly salary of employees in the province when lifting or termination of labor relations, the standard for disposable work injury medical subsidies: Seventh -level disability is 13 months, level 8 disability is 11 months, and level 9 disability is as a disability. Six months, level 10 disability is 4 months; the standard for one -time disability employment subsidy: Grade seventh disability is 15 months, level eight disability is 10 months, and the nine -level disability is 6 months. Ten -level disability is 3 months.

Disabled employees of retired age do not enjoy disposable work injury medical subsidies

The new clause of the "Draft for Soliciting Opinions" is clear that if employees (including non -full -time employees) are employed at the same time in two or more employers, each employer shall pay work injury insurance premiums for employees. Employees have worked injuries, and units working when employees are injured should be responsible for work injury insurance according to law. In addition, if the employees of disabled reaches the legal retirement age or go through the retirement procedures in accordance with regulations, they will not enjoy disposable work injury medical subsidies and disposable employment subsidies.

The full text of the "Anhui Province Implementation of the" Regulations on Work Injury Insurance "(Revised Draft Consultation Draft)" has been announced on the official website of the Provincial Department of Justice, public opinion, and consulting opinions from July 7, 2022 to August 6, 2022.

The public can submit amendments on the webpage of the Department of Justice, or you can send the opinions to: Three Legislative Office of the Provincial Department of Justice of Qingxi Road, Shushan District, Shushan District, Hefei City (postal encoding 230031); It is recommended to send it to: [email protected].

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