For the first time,

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include the medical expenses of emergency and rescue of injured workers into the payment scope of

for the first time

on August 28, Sichuan Provincial Department of human resources and social security held a press conference on regulations of Sichuan Province on work related injury insurance (hereinafter referred to as the regulations). As the first regulation on work-related injury insurance in Sichuan Province, the regulation was adopted by the 20th meeting of the 13th Standing Committee of Sichuan Provincial People’s Congress on July 31, 2020, and will come into force on September 1, 2020. What are the characteristics of the

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regulations? What areas have increased security? The novel coronavirus pneumonia, occupation and injury prevention system, is being adapted to the needs of occupation groups. Yang Yiying, a two class inspector of the Sichuan Provincial Department of human resources and social security, explained the regulations in order to better meet the needs of occupational groups for occupational injury protection. Especially in dealing with major emergencies such as the new crown pneumonia epidemic, the industrial injury insurance system needs to expand its coverage, clarify policy boundaries, improve the overall planning level and extend service functions. It is regulated and guaranteed by legislation. ”

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two “national first”,

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to protect the rights and interests of migrant workers’ industrial injury insurance

according to Yang Yiying, for the workers used in construction projects, especially migrant workers, the job-related injury risk is relatively high, the mobility is large, the labor relations are unstable, and it is difficult to participate in the work-related injury insurance according to the employer. For the first time in the country, the regulations include the participation of work-related injury insurance in construction projects into local regulations, and make it clear that the legal participation in work-related injury insurance is an insurance The specific measures of project construction safety shall be included in the integrity archives for employers who do not participate in work-related injury insurance according to law. Yang Yiying said the move “provides a legal basis for the construction projects to be insured first and then to start construction”. At the same time, it is clear that the first to fourth level injured workers who have not participated in the work-related injury insurance and the dependent relatives of the workers who died at work can receive the treatment of industrial injury insurance at one time through consultation with the employer. ” On the other hand,

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on the other hand, in order to further ensure that the injured workers can get timely treatment, the regulations for the first time in the whole country have included the medical expenses of emergency treatment and rescue of injured workers into the scope of payment of industrial injury insurance fund.

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straighten out the responsibilities of all levels. The

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industrial injury insurance fund shall be unified at the provincial level. Part of the jurisdiction of

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industrial injury identification shall be decentralized to the county level

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. Article 8 of the regulations clearly stipulates that Sichuan provincial industrial injury insurance fund shall be unified at the provincial level. Yang Yiying explained: “the provincial overall planning of the industrial injury insurance fund will reasonably balance the industrial injury risk of employers in various regions, improve the anti risk ability and efficiency of the fund, effectively reduce the average rate level of industrial injury insurance, reduce the payment burden of employers, and enhance the protection of industrial injury insurance benefits.”

learned that the provincial coordination of industrial injury insurance fund will be based on the unified coverage and insured objects, unified payment base and rate policy, unified work injury identification and labor capacity appraisal method, unified treatment calculation and payment standard and adjustment method, as well as unified handling process and information system, to implement the adjustment type provincial coordination, and to transition to the unified collection and support provincial overall planning when conditions are ripe 。

At the same time, the administrative department of the same level shall determine the jurisdiction of the industrial injury insurance Department of the same level, which shall be determined by the administrative department of the same level Social insurance administrative departments at the county level.

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expand the coverage of

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over age employees and quasi occupational population

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will be included in the coverage of

Article 45 of the regulations of

extends the coverage of work-related injury insurance to over age employees without labor relations and quasi occupational groups such as interns and regular trainees. “It relieves employers, internships, training bases, schools and other employees’ worries about industrial injury risks from the system.” According to Yang Yiying, “the regulations make it clear that the employer fails to participate in the work-related injury insurance according to law, and all the industrial injury insurance benefits that the injured employees should enjoy according to law shall be paid by the employer. If the employer fails to pay the industrial injury insurance premium in full, resulting in the reduction of the industrial injury insurance benefits of the injured workers, the employer shall bear the responsibility for compensation of the compensation. ”

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in addition, in order to enhance the honesty and credit of the employer, the injured workers and their close relatives in the process of industrial injury identification, Article 43 of the regulations adds the administrative punishment provisions for the employer, the injured employee or their close relatives who provide false materials in the process of industrial injury identification.

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make it clear that

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will be regarded as

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injured by accidents due to work Article 21 of the regulations on

defines four situations that are deemed to be injured by accidents due to work reasons, that is, “employees are injured by accidents during the process of continuous work and in the workplace due to the necessary life and physiological activities such as dining, rest, toilet, etc.” the employees are assigned by the employer to work in the areas declared as epidemic areas according to law and are infected with the infectious diseases ””Those who are infected with the infectious diseases in the prevention and treatment of infectious diseases and public health emergencies” and “employees who are injured by accidents when they participate in the activities organized by the employing unit or assigned by the employing unit to participate in activities organized by other units, except those who participate in activities unrelated to work”.

Yang Yiying said that this “not only provides work-related injury protection for employees who are infected with the infectious disease in the epidemic prevention and control work, but also regulates the situation that employees are injured by accidents when they participate in activities organized by employers, and when they eat, rest and go to the toilet, so as to determine whether a uniform scale of industrial injury can be identified.”

Chengdu Commercial Daily – Red Star journalist Ye Yan intern reporter Chengbo

original title: the first industrial injury insurance regulations of Sichuan Province for the first time in China