Decree of the People’s Government of  Jiangsu Province No.29 The Measures of Jiangsu Province for the Implementation of the Regulations on Work Injury Insurance, discussed and adopted at the Forty-fifth Executive Meeting of the Provincial People’s Government on January 24, 2005, are hereby promulgated and shall enter into effect as of April 1, 2005.                                                                Governor:  Liang Baohua February 3, 2005 Measures of Jiangsu Province for the Implementation of the Regulations on Work Injury Insurance   Article 1 The Measures of Jiangsu Province for the Implementation of the Regulations on Work Injury Insurance are formulated in accordance with the State Council’s Regulations on Work Injury Insurance (hereinafter referred to as the Regulations), in light of the specific situations of this Province, and for the purposes of ensuring the provision of medical care services and economic compensations to staff members and workers injured in work-related accidents or afflicted with occupational diseases and sharing work injury risks among employing units. Article 2 The Regulations and these Measures shall apply to all the enterprises and individual industrial and commercial households with employee(s) (hereinafter jointly referred to as the employing units), and their staff members and workers or employees (hereinafter jointly referred to as staff members and workers) within the administrative region of this Province. Article 3 The collection and payment of work injury insurance contributions shall be conducted according to the provisions in the Regulations of Jiangsu Province on the Collection and Payment of Social Insurance Contributions. Article 4 The employing unit shall pay work injury insurance contributions for all its staff members and workers. When applying to the social insurance management agency (hereinafter referred to as the management agency) for an entry into the system of work injury insurance, the employing unit shall submit a list of names of its staff members and workers who participate in the insurance, which shall be kept by the management agency after being verified. Article 5 The labor and social security administrative department, the work capacity assessment committee and the management agency shall strengthen the building of their information webs to share sources and interchange information, and set up a province-wide unified information processing system for work injury insurance. Article 6 The outlay for management on the work injury insurance and the operating spending required for work injury identification shall be incorporated into the annual departmental fiscal budget at the corresponding level. Article 7 The work injury insurance fund shall be pooled respectively by the city with districts and the county (city); where the conditions permit, the pooling may gradually change into an overall pooling of the whole city according to the relevant provisions of the State. Article 8 The work injury insurance fund shall be deposited into a special social security account, and its income and expenditure shall be managed separately. Article 9 The work injury insurance fund adopts a system of reserve fund. 20% of the total sum of the work injury insurance contributions collected monthly in the pooling area shall be switched into the reserve fund special account. When the reserve fund equals the total amount paid for the various work injury insurance expenses of the previous year, the withdrawal for reserve fund shall be suspended. The reserve fund shall be withdrawn from the balance of the work injury insurance fund first where there is any, and the shortfall shall be withdrawn from the fund according to the relevant provisions. The reserve fund shall be used for payment of work injury insurance benefits in case of major accidents and for making up the deficit of work injury insurance fund of the current year. In case the reserve fund is inadequate for the payment, the people’s government of the pooling area shall make up the shortage. The use of the reserve fund shall be approved by the people’s government of the pooling area and submitted for record to the labor and social security administrative department at the higher level. Article 10 In case the employing unit, the staff member or worker who suffers from work injury or his directly- related family member fails to apply for work injury identification according to the relevant provisions, the trade union may, within one year from the date of the occurrence of the accident or from the date of the diagnosis or verification of the occupational disease, apply directly to the labor and social security administrative department of the pooling area where the employing unit is located for work injury identification. Article 11 In case the documents provided by an applicant for work injury identification are incomplete, the labor and social security administrative department shall, on the spot or within 15 working days, inform the applicant in written from and in the lump of all the documents to be supplemented.   The labor and social security administrative department shall, within 7 working days after the applicant supplements all necessary documents as required, make its decision on whether or not to accept the case. Article 12 In case the applicant does not meet the application qualifications, or files the application for work injury identification beyond the time limit as prescribed, the labor and social security administrative department shall not accept the case. Article 13 The labor and social security administrative department shall, within 7 working days upon receiving the application for work injury identification, make its decision on whether or not to accept the case, and notify the applicant in writing of its decision with an explanation of the reasons. Article 14 After accepting an application for work injury identification, the labor and social security administrative department may request the employing unit, the staff member or worker or his directly-related family member to provide evidence materials. Where the injury is considered as work injury by the staff member or worker or his directly-related family member, but is not considered as such by the employing unit which fails to provide evidence materials within the time limit and without any justified reason, the labor and social security administrative department may identify the case as work injury based on the evidence materials provided by the staff member or worker or his directly-related family member according to law. Article 15 After accepting an application for work injury identification, the labor and social security administrative department may suspend its procedure of work injury identification in any of the following circumstances: (1) a conclusion of the department concerned on the relevant accident is needed as the basis, but the department concerned has not made the conclusion yet; (2) it is difficult to carry on the work injury identification due to force majeure; or (3) other circumstances that require suspension as prescribed by the laws, regulations and decrees. When the work injury identification is suspended, the labor and social security administrative department shall serve upon the applicant a Notice on Suspension of Work Injury Identification. When the circumstances for suspending disappear, the work injury identification shall be resumed. The suspension time shall not be included in the period of time for work injury identification. Article 16 After accepting an application for work injury identification, the labor and social security administrative department may terminate the work injury identification when the case does not meet the requirements for acceptance. Once the work injury identification is terminated, a Notice on Termination of Work Injury Identification shall be served upon the applicant. Article 17 The labor and social security administrative department shall, when it has decided not to accept the application, or to terminate the work injury identification, inform the applicant of the rights he is entitled to to apply for administrative reconsideration or to bring an administrative lawsuit according to law. Article 18 The work capability assessment committee shall maintain a bank of medical and healthcare experts. The experts listed in the bank shall work by engagement. The specific measures for engagement shall be made by the work capability assessment committee of this Province. Article 19 In case a staff member or worker who becomes disabled or whose work capability is affected as a result of the work injury when the situation of his injury becomes relatively stable after medical treatment, the employing unit, the injured person or his directly-related family member may apply for the assessment of his work capability to the work capability assessment committee of the city with districts. The applicant shall fill in an application form for work capability assessment and submit the following materials: (1) the ID of the injured person, (2) the decision on the work injury identification; and (3) materials such as the injured person’s case history summary, the permit to leave hospital and the diagnosis certificate for occupational disease. In case of applying for an assessment review or a re-assessment, the applicant shall, in addition to the materials above, provide the previous assessment conclusion. Article 20 The expenses for the assessment of work capability and the necessary medical examinations in the course of the assessment shall be paid from the work injury insurance fund if the injured person is covered by the work injury insurance or by the employing unit if the injured person is not. Article 21 The employing unit shall take appropriate measures to ensure that its staff member or worker get timely rescue and medical treatment in case such a staff member or worker  is hurt in a work-related accident or is afflicted with an occupational disease. The medical expenses for the treatment of the staff member or worker whose case is identified as work injury or deemed as work injury shall, when they fall into the coverage of the work injury insurance fund, be paid from the work injury insurance fund. Article 22 The length of the paid non-working period for a staff member or worker injured at work shall be ascertained on the strength of the furlough notice issued by the medical institution with which a service agreement has been concluded and where the injured person receives medical treatment. The paid non-working period shall not exceed 12 months without the confirmation of the work capability assessment committee. The employing unit shall not rescind or terminate the employment relationship with its injured staff member or worker during his paid non-working period, unless otherwise provided by the laws or other regulations. Article 23 In case a staff member or worker who becomes disabled due to work and whose injury or disability is identified at Level 5 or Level 6, after resuming work for a period of time, is in a situation in which it is difficult to arrange suitable work for him, the employing unit shall pay him the injury or disability subsidy by taking as the base his wage at the time of the difficulty, or his wage at the time the injury occurred if the former is lower than the latter. Article 24 When a staff member or worker who becomes disabled due to work and whose injury or disability is identified at a level ranging from Level 5 to Level 10 rescinds or terminates his employment relationship with the employing unit in accordance with the provisions of the Regulations, the employing unit shall pay him a lump sum work injury medical allowance and injury or disability employment allowance at the following rates: (1) The lump sum work injury medical allowance. The lump sum work injury medical allowance shall be calculated according to the difference between the average life expectancy of the local people announced by the local statistics department and the age of the staff member or worker at the time of rescission or termination of his employment relationship. 1.4 months of the average wage of the local staff members and workers shall be granted every full year for Level 5, 1.2 months for Level 6, 1 month for Level 7, 0.8 month for Level 8, 0.4 month for Level 9, and 0.2 month for Level 10. Where the difference is less than one year, it shall be calculated as one year. For a staff member or worker injured at work who is afflicted with occupational disease, the lump sum work injury medical allowance shall be increased by 40% on the basis of the above rates.   (2) The lump sum injury or disability employment allowance. Based on the average wage of the local staff members and workers, and according to the level of injury or disability and the age at the time of rescission or termination of the employment relationship, a lump sum injury or disability employment allowance of 1 month to 36 months shall be granted respectively as follows:    (Unit: months) Age Level