劳动和社会保障部关于实施《工伤保险条例》若干问题的意见(英文版)

Opinions of the Ministry of Labor and Social Security on Several Issues concerning the Implementation of the Regulation on Work-related Injury Insurances
(No. 256 [2004] of the Letter of the Ministry of Labor and Social Security)

The labor and social security offices or bureaus of all the provinces, autonomous regions, and municipalities directly under the Central Government,

The "Regulation on Work-related Injury Insurances" (hereinafter referred to as the Regulation) came into force on January 1st, 2004, we hereby put forward the following opinions on relevant issues concerning the implementation of the Regulation:

1. Where an employee works concurrently in two or more working entities, each working entity shall pay work-related injury insurance fees for the employee respectively. In case the employee suffers from any work-related injury, the working entity where the employee works when the injury occurs shall undertake the liability for work-related injury insurance according to law.

2. Article 14 of the Regulation prescribes: "In case anyone is injured in any vehicle accident on his way to or from work, his injury shall be determined as work-related injury". The term "on his way to or from work" shall both include on the way to or from work of an employee during his normal working hours, and on the way to or from work of an employee during his overtime. The term "injured in any vehicle accident" may be the accident of the vehicle driven or taken by the employee, or other vehicle accidents of the employee.

3. Article 15 of the Regulation prescribes: "In case an employee dies from the outburst of a disease during working hours or on the work post, or dies within 48 hours after rescue but in vain, the death shall be regarded as work-related injury". Here, the "outburst of a disease" shall include all kinds of diseases. The starting time for computation of the "48 hours" after the outburst of the disease shall be the time of the first diagnosis by a medical institution.

4. The "trade union organizations", which have the right to apply for the determination of work-related injuries as prescribed in paragraph 2, Article 17 of the Regulation shall include the trade union organizations of a working entity and all levels of trade unions complying with the provisions of the Trade union Law of the People's Republic of China.

5. In case a working entity fails to file an application for determination of any work-related injury for an employee, and the employee who suffers from an accident or occupational disease or any of his lineal relatives or any trade union organization file an application for determining the work-related injury, it is not necessary for the employee to get the approval (or signature or seal) of the working entity.

6. Paragraph 4, Article 17 of the Regulation prescribes: "Where a working entity fails to file an application for the determination of any work-related injury within the time limit as prescribed in paragraph one of the present Article, the working entity shall bear the relevant fees occurred concerning the treatment of work-related injury as prescribed in this Regulation during the period". Here, the period for undertaking the relevant fees concerning the treatment of work-related injury by a working entity shall refer to the date from the occurrence of the injury from an accident or the date when an occupational disease is diagnosed till the date when the administrative department of labor security accepts the application for determination of the work-related injury.

7. According to Article 36 of the Regulation, the medical institution undertaking the treatment of any work-related injury of an employee on the basis of an agreement shall advise on whether an employee who suffers from a work-related injury needs to be treated for the recurrence of an old injury, if they have disputes over it, the work ability appraisal committee shall determine it.

8. In case an employee dies from a work-related injury, the qualification of his dependent relatives for enjoying the pension treatment shall be checked and ratified according to the conditions when an employee dies from the work-related injury.

Ministry of Labor and Social Security
November 1st, 2004