State Council, Regulations for Work-related Injury Insurance (Revised)

国务院工伤保险条例 (修订)

October 12, 2011 | BY

clpstaff &clp articles &

Rate for the lump sum work-related death supplement specified.

Clp Reference: 2400/10.12.20 Promulgated: 2010-12-20 Effective: 2011-01-01

Promulgated: December 20 2010
Effective: Janruary 1 2011

Main contents: The revised Regulations expand the scope of applicability of work-related injury insurance and simplify the procedures for recognition of work-related injuries. Article 2 of the Regulations specify that apart from enterprises and family proprietorships that employ workers, public institutions, associations, private non-corporate entities, foundations, law firms, and accounting firms shall also enrol in work-related injury insurance and pay work-related injury insurance premiums for all of their employees or workers.

The Regulations also increase the work-related injury insurance benefits for disability (Articles 35-37). If an employee dies as a result of work, the rate for the lump sum work-related death supplement received by his/her close relatives shall be the equivalent of 20 times the per capita disposable income of urban residents nationwide during the preceding year (Article 39). If an administrative review or an administrative action is instituted after a social insurance administrative department has rendered a decision recognising a work-related injury, the medical expenses for the treatment of the employee's work-related injury shall not be suspended while the administrative review or administrative action is pending (Article 31).

If an employer is required to enrol in work-related injury insurance but fails to do so, the social insurance administrative department shall order it to enrol within a specified period of time, pay the outstanding work-related injury insurance premiums, and charge it a late payment fine at the daily rate of 0.05% commencing from the date the premiums were owed. (Article 62).

clp reference:2400/10.12.20prc reference:国务院令第586号promulgated:2010-12-20effective:2011-01-01

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