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Is suicide considered a work-related injury?

2008-04-17View Original

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One year, a major explosion occurred at a factory. Several employees were killed in the explosion. One employee was very lucky and wasn’t injured. But seeing his coworkers leave was a tremendous shock to him, and he committed suicide not long after. Is this considered a work-related injury? (Note: He is not at all responsible for this accident! )
Reply #22008-04-17
Is suicide also considered a work-related injury? It’s only my own poor mental resilience to blame; however, the company did provide some compensation, as it has some responsibility as well. But don’t expect the insurance company to pay anything.
Reply #32008-04-17
It is not considered a work-related injury. It seems that the work-related injury regulations do not have such a clause.
Reply #42008-04-17
Regulations on Work-Related Injury Insurance, Decree No. 375 of the State Council of the People’s Republic of China. The Regulations on Work-Related Injury Insurance were adopted at the 5th executive meeting of the State Council on April 16, 2003; they are hereby promulgated and shall come into force as of January 1, 2004.    Premier **    April 27, 2003 Regulations on Work-Related Injury Insurance Chapter I General Provisions Article 1 These regulations are formulated in order to ensure that employees who suffer injuries in the course of work or contract occupational diseases receive medical treatment and economic compensation, to promote the prevention of work-related injuries and occupational rehabilitation, and to spread the risks associated with work-related injuries among employers. Article 2: All types of enterprises and self-employed individuals who employ workers within the territory of the People’s Republic of China (hereinafter referred to as employers) shall, in accordance with the provisions of these regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all their employees or workers (hereinafter referred to as employees). Employees of various enterprises within the People’s Republic of China, as well as workers employed by self-employed individuals, all have the right to receive work-related injury insurance benefits in accordance with the provisions of these regulations. The specific procedures and implementation methods for self-employed individuals who have employees to participate in work-related injury insurance shall be stipulated by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government. Article 3: The collection of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection of Social Insurance Premiums regarding the collection of basic old-age insurance premiums, basic medical insurance premiums, and unemployment insurance premiums. Article 4: Employers shall publicize the relevant information regarding participation in work-related injury insurance within their own organizations. Employers and employees shall abide by the laws and regulations regarding work safety and the prevention of occupational diseases, implement safety and health procedures and standards, prevent work-related accidents, and avoid and reduce the hazards associated with occupational diseases. When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives prompt treatment. Article 5: The labor and social security administrative department of the State Council is responsible for work-related injury insurance nationwide. The labor security administrative departments at the local people’s government levels at or above the county level are responsible for work-related injury insurance matters within their respective administrative regions. Social insurance agencies established in accordance with the relevant regulations of the State Council by the labor and social security administrative departments (hereinafter referred to as such agencies) are responsible for handling matters related to work-related injury insurance. Article 6: When departments such as the labor security administration formulate policies and standards for work-related injury insurance, they shall seek the opinions of trade union organizations and representatives of employers. Chapter 2: Work-Related Injury Insurance Fund Article 7: The work-related injury insurance fund consists of the insurance premiums paid by employers for work-related injuries, the interest generated by the fund, and other funds that are legally included in the work-related injury insurance fund. Article 8: The insurance premium for work-related injuries is determined based on the principle of covering expenses through revenues and achieving a balance between them. **Differential rates for different industries are determined based on the level of work-related injury risks in those industries, and several rate tiers are established within each industry depending on factors such as the use of work-related injury insurance funds and the incidence of work-related injuries. The differential rates across different industries and the rate tiers within an industry are established by the labor and social security administrative department of the State Council, in conjunction with the financial department, health administrative department, and work safety supervision and management department of the State Council; after being approved by the State Council, they are issued and put into effect. The handling agency in the designated area determines the contribution rate for the employer based on factors such as the use of insurance funds for work-related injuries and the incidence of such injuries, by applying the appropriate rate tier for that industry. Article 9: The labor and social security administrative department of the State Council shall regularly monitor the income and expenditure of work-related injury insurance funds in various regions across the country. It shall, in conjunction with the financial department, health administrative department, and work safety supervision and management department of the State Council, promptly propose plans to adjust the industry-specific rates as well as the rate categories within each industry. Such plans shall be submitted to the State Council for approval before being implemented. Article 10 Employers shall pay work-related injury insurance premiums on time. Employees do not pay insurance premiums for work-related injuries. The amount of work-related injury insurance premiums that an employer must pay is equal to the total salary of its employees multiplied by the applicable contribution rate. Article 11: The work-related injury insurance fund is managed on a city-wide basis in municipalities directly under the Central Government and cities with districts; the level of management in other areas is determined by the people’s governments of provinces and autonomous regions. In industries with cross-regional operations and high production mobility, it is possible to participate in the work-related injury insurance of the coordinating region in a relatively centralized manner. The specific measures shall be formulated by the labor and social security administrative department of the State Council in conjunction with the competent authorities of the relevant industries. Article 12 The work-related injury insurance fund shall be deposited in the special financial account for social security funds, and shall be used to cover the work-related injury insurance benefits stipulated in these Regulations, labor capacity assessments, as well as other expenses related to work-related injury insurance as prescribed by laws and regulations. No entity or individual shall use the work-related injury insurance fund for investment and operation, the construction or renovation of office premises, the distribution of bonuses, or any other purposes. Article 13: The work-related injury insurance fund shall maintain a certain proportion of reserves for covering the payment of work-related injury benefits in case of major accidents within the covered area ; If the reserves are insufficient to cover the expenses, they shall be paid in advance by the people of the corresponding administrative region. The specific proportion of reserves in the total amount of the fund, as well as the methods for using those reserves, are determined by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government. Chapter 3 Recognition of Work-Related Injuries Article 14 An employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and at the workplace ; (II) Suffering an accident injury while carrying out preparatory or concluding work related to the job inside the workplace before or after working hours ; (III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ; (IV) Those suffering from occupational diseases ; (5) Injuries sustained due to work reasons or going missing in an accident while on a business trip ; (6) Injured in a motor vehicle accident on the way to or from work ; (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. Article 15 An employee shall be regarded as having suffered a work-related injury under any of the following circumstances: (1) Dying suddenly from an illness at work and at the workplace, or dying within 48 hours despite emergency treatment ; (II) Those who were injured in activities aimed at safeguarding **interests and public interests, such as emergency rescue and disaster relief ; (III) Employees who were previously in the military, became disabled as a result of injuries sustained in combat or on duty, and have obtained a certificate for revolutionary disabled soldiers; such employees experience a recurrence of their old injuries after joining an employer. If an employee falls under the circumstances specified in items (1) and (2) of the preceding paragraph, they shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions of these regulations ; If an employee falls under the circumstances specified in item (3) of the preceding paragraph, they shall be entitled to work-related injury insurance benefits other than the one-time disability allowance, in accordance with the relevant provisions of these regulations. Article 16 Employees in any of the following circumstances shall not be recognized as having suffered work-related injuries or injuries treated as such: (1) Those who are injured or killed as a result of committing a crime or violating public order regulations ; (II) Injuries or deaths caused by intoxication ; (III) Those who engage in self-harm or suicide. Article 17: If an employee suffers an accident-related injury or is diagnosed or identified as having an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the employer shall, within 30 days as of the date of the accident injury or the date of the diagnosis or identification of the occupational disease, submit an application for work-related injury recognition to the labor security administrative department of the jurisdictional area. In case of special circumstances, with the approval of the labor and social security administrative department, the application deadline may be appropriately extended. If the employer fails to file an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured worker or his/her immediate relatives, or the trade union organization may, within 1 year from the date of the accident or the date on which the illness is diagnosed or identified as an occupational disease, directly submit an application for work-related injury recognition to the labor security administrative department in the jurisdiction where the employer is located. Matters that, in accordance with the first paragraph of this article, should be subject to work-related injury determination by provincial labor and social security administrative departments shall, in accordance with the principle of territorial jurisdiction, be handled by the municipal labor and social security administrative department in the location of the employer. If the employer fails to submit an application for work-related injury recognition within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses related to work-related injury benefits that arise during that period and are in accordance with the provisions of these regulations. Article 18: To submit an application for work-related injury recognition, the following documents shall be provided: (1) Application form for work-related injury recognition ; (II) Evidence of an employment relationship (including de facto employment relationship) with the employer ; (III) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The work-related injury recognition application form should include basic information such as the time and place of the accident, its cause, and the severity of the employee’s injury. If the applicant for work-related injury recognition provides incomplete documents, the labor security administrative department shall provide the applicant in writing, at one time, with a list of all the documents that need to be supplemented. After the applicant has corrected the documents as required in writing, the labor and social security administrative department shall accept them. Article 19: After accepting an application for work-related injury recognition, the labor security administrative department may conduct investigations and verifications regarding the accident injury as required by the review process, and the employer, employees, trade union organizations, medical institutions, and relevant departments shall provide assistance. The diagnosis of occupational diseases and the resolution of disputes regarding such diagnoses shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. For those who have obtained a certificate of occupational disease diagnosis or an appraisal report for occupational disease diagnosis in accordance with the law, the labor security administrative department will no longer conduct investigations or verifications. If the employee or his/her immediate relatives consider it to be a work-related injury, but the employer does not consider it so, the employer shall bear the burden of proof. Article 20 The labor security administrative department shall make a decision on the recognition of a work-related injury within 60 days as of the date it receives the application for such recognition, and shall notify in writing the employee who filed the application or his/her immediate relatives, as well as the employer of that employee. Staff members of the labor security administration department who have an interest in the applicant for work-related injury recognition shall recuse themselves. Chapter 4 Assessment of Working Capacity Article 21 Where an employee suffers a work-related injury and, after treatment, remains disabled with impaired working capacity, an assessment of working capacity shall be conducted. Article 22: Labor capacity assessment refers to the grading assessment of the degree of labor function impairment and the degree of self-care disability. Labor function impairments are classified into 10 disability grades, with grade 1 being the most severe and grade 10 the least severe. Disabilities in self-care are divided into 3 levels: complete inability to take care of oneself, significant inability to take care of oneself, and partial inability to take care of oneself. The standards for assessing working capacity are established by the labor and social security administrative department of the State Council in conjunction with departments such as the health administrative department of the State Council. Article 23: Applications for labor capacity assessment shall be submitted by the employer, the employee injured at work, or their immediate relatives to the municipal labor capacity assessment committee at the district level, along with the decision regarding the recognition of the work-related injury and relevant information on the employee’s medical treatment for the injury. Article 24 The labor capacity assessment committees at the provincial, autonomous region, and municipal levels, as well as those at the city level with districts, are each composed of representatives from the labor security administrative departments, personnel administrative departments, health administrative departments of the provinces, autonomous regions, municipalities, and cities with districts, representatives from trade union organizations and handling agencies, as well as representatives from employers. The labor capacity assessment committee establishes a database of medical and health experts. Medical and health professionals included in the expert database shall meet the following conditions: (1) Possess a senior professional technical position qualification in the field of medicine and health ; (II) Master the relevant knowledge of labor capacity assessment ; (III) Have good professional ethics. Article 25 Upon receiving an application for labor capacity assessment, the municipal labor capacity assessment committee with district status shall randomly select 3 or 5 relevant experts from its database of medical and health experts to form an expert panel, which will then submit an assessment opinion. The municipal labor capacity assessment committee at the district level issues a conclusion regarding the labor capacity of workers who have suffered work-related injuries, based on the opinions of the expert panel ; If necessary, a qualified medical institution can be commissioned to assist with the relevant diagnosis. The municipal labor capacity assessment committee at the district level shall issue a conclusion regarding labor capacity assessment within 60 days from the date of receipt of the application for such assessment; if necessary, this deadline may be extended by 30 days. The conclusion of the labor capacity assessment shall be delivered promptly to the units and individuals that requested the assessment. Article 26: If a unit or individual who applies for an assessment is dissatisfied with the assessment conclusion issued by the municipal labor capacity assessment committee at the district level, they may submit an application for a re-assessment to the provincial, autonomous region, or municipal labor capacity assessment committee within 15 days from the date of receiving such conclusion. The conclusions regarding work capacity issued by the Work Capacity Assessment Committees of provinces, autonomous regions, and municipalities directly under the Central Government are the final decisions. Article 27 The assessment of working capacity shall be objective and fair. Members of the labor capacity assessment committee or experts participating in the assessment who have an interest relationship with the parties concerned shall recuse themselves. Article 28: One year after the date on which the labor capacity assessment conclusion is issued, if the injured worker or his/her immediate relatives, the employer, or the handling agency believe that there has been a change in the degree of disability, they may apply for a re-assessment of labor capacity. Chapter 5 Benefits under Work-Related Injury Insurance Article 29 Employees who suffer accidents at work or contract occupational diseases and require treatment are entitled to work-related injury medical benefits. Employees suffering from work-related injuries should seek treatment at medical institutions that have a service agreement in place; in emergency situations, they can first go to the nearest medical facility for emergency care. The costs required for treating work-related injuries that are covered by the list of diagnostic and treatment services under work injury insurance, the list of medications permitted under such insurance, and the standards for inpatient care related to work injury insurance shall be paid from the work injury insurance fund. The list of diagnostic and treatment items for work-related injury insurance, the list of drugs covered by work-related injury insurance, and the standards for inpatient services related to work-related injury insurance are established by the labor and social security administrative department of the State Council, in conjunction with the health administrative department of the State Council, the drug supervision and administration department, and other relevant agencies. When an employee is hospitalized for a work-related injury, the employer shall provide a hospitalization meal allowance equal to 70% of the standard meal allowance for business trips within the company ; If, with a certificate issued by a medical institution and approval from the handling agency, an employee injured at work seeks treatment outside the designated area, the expenses related to transportation, accommodation, and meals shall be reimbursed by the employer in accordance with the standards applicable to employees on business trips. Workers who suffer injuries at work and then develop illnesses that are not caused by those injuries are not entitled to workers’ injury medical benefits; such cases are handled in accordance with the basic medical insurance regulations. The costs for rehabilitation treatment of workers injured at work at medical institutions with which service agreements have been concluded shall, if they meet the requirements specified in paragraph 3 of this article, be covered by the work-related injury insurance fund. Article 30: Workers who have suffered work-related injuries may, as required for their daily lives or employment, and upon confirmation by the Labor Ability Assessment Committee, be fitted with prosthetics, orthotics, artificial eyes, dentures, and other assistive devices such as wheelchairs. The costs associated with these devices are covered from the work-related injury insurance fund in accordance with the **established standards. Article 31: If an employee suffers an accident at work or contracts an occupational disease and needs to suspend work for medical treatment related to the work injury, during the period of suspension with pay, their original wage and welfare benefits shall remain unchanged, to be paid monthly by their employer. The period of suspension from work with pay generally does not exceed 12 months. In cases of severe injuries or special circumstances, as confirmed by the municipal labor capacity assessment committee at the district level, the period may be extended appropriately, but the extension shall not exceed 12 months. After an employee injured at work has their disability level assessed, the original benefits are discontinued, and they receive disability benefits in accordance with the relevant provisions of this chapter. Workers who have suffered work-related injuries and still need treatment after the end of the period of suspension from work with pay continue to receive medical benefits for such injuries. For workers who have suffered work-related injuries and are unable to take care of themselves, and who require nursing during the period of suspension from work with pay, their employer is responsible for providing such care. Article 32: If an employee injured at work has had their disability level assessed and the Labor Ability Assessment Committee determines that they require daily care, then daily care expenses shall be paid on a monthly basis from the work-related injury insurance fund. The living care allowance is paid at three different levels, depending on whether the person is completely unable to take care of themselves, mostly unable to do so, or partially unable to do so. The respective rates are 50%, 40%, or 30% of the average monthly wage of employees in the relevant region for the previous year. Article 33: If an employee becomes disabled as a result of work-related injuries and is classified as having a disability from grade 1 to grade 4, the employment relationship shall be maintained, but the employee shall leave their job position. They shall be entitled to the following benefits: (1) A one-time disability allowance shall be paid from the work-related injury insurance fund, based on the degree of disability. The amount is 24 months’ worth of the employee’s own salary for grade 1 disability, 22 months’ worth for grade 2 disability, 20 months’ worth for grade 3 disability, and 18 months’ worth for grade 4 disability ; (II) A disability allowance is paid monthly from the work-related injury insurance fund, with the rates as follows: 90% of the individual’s salary for grade 1 disabilities, 85% of the salary for grade 2 disabilities, 80% of the salary for grade 3 disabilities, and 75% of the salary for grade 4 disabilities. If the actual amount of the disability allowance is lower than the local minimum wage, the difference shall be covered by the work-related injury insurance fund ; (III) Once an employee injured at work reaches the retirement age and goes through the retirement procedures, the disability allowance is discontinued, and they receive benefits under the basic old-age insurance scheme. If the benefits under the basic old-age insurance are lower than the disability allowance, the difference shall be covered by the work-related injury insurance fund. If an employee is disabled as a result of work and is classified as having a disability level from 1 to 4, the employer and the employee themselves shall pay the basic medical insurance premiums based on the disability allowance. Article 34: Employees who are disabled as a result of work-related injuries and are classified as having grade 5 or grade 6 disabilities are entitled to the following benefits: (1) A one-time disability allowance shall be paid from the work-related injury insurance fund based on the degree of disability; the amount is 16 months of the employee’s own salary for grade 5 disabilities, and 14 months of the employee’s own salary for grade 6 disabilities ; (II) Maintain the labor relationship with the employer, who will arrange appropriate work. For those who find it difficult to find work, the employer shall pay a disability allowance on a monthly basis; the rate is 70% of the employee’s own salary for grade 5 disabilities, and 60% of the salary for grade 6 disabilities. The employer is also required to pay all the necessary social insurance contributions on their behalf as stipulated by law. If the actual amount of the disability allowance is lower than the local minimum wage, the employer shall make up the difference. At the request of the worker who has suffered a work-related injury, such worker may terminate or end the labor relationship with the employer, with the employer paying a one-time medical allowance for work-related injuries and a disability employment allowance. The specific standards are stipulated by the people’s **s of provinces, autonomous regions, and municipalities directly under the Central Government. Article 35: Employees who become disabled due to work-related injuries and are classified as having disabilities from level 7 to level 10 are entitled to the following benefits: (1) A one-time disability allowance shall be paid from the work-related injury insurance fund based on the level of disability. The amounts are as follows: 12 months’ worth of the employee’s own salary for level 7 disability, 10 months’ worth for level 8 disability, 8 months’ worth for level 9 disability, and 6 months’ worth for level 10 disability ; (II) When the labor contract expires and comes to an end, or when the employee himself/herself requests to terminate the labor contract, the employer shall pay a one-time compensation for work-related medical expenses and a disability employment allowance. The specific standards are stipulated by the people’s **s of provinces, autonomous regions, and municipalities directly under the Central Government. Article 36: If an employee injured at work experiences a recurrence of the injury and it is determined that treatment is necessary, such employee shall be entitled to the benefits for work-related injuries stipulated in Articles 29, 30, and 31 of these regulations. Article 37: In the event of an employee’s death at work, their immediate relatives shall receive a funeral subsidy, a pension for dependents, and a one-time death benefit from the work-related injury insurance fund in accordance with the following provisions: (1) The funeral subsidy amounts to 6 months of the average monthly wage of employees in the relevant jurisdiction for the previous year ; (II) The dependent relative pension is paid at a certain percentage of the employee’s own salary to relatives who relied on the deceased employee for their main source of income and who have no working capacity. The standard is: 40% per month for spouses, 30% per month for other relatives; an additional 10% per month is added to the above standard for elderly people without family support or orphans. The total amount of pensions for the approved dependents shall not exceed the salary of the employee who died from work-related causes during his or her lifetime. The specific scope of dependents to be supported is determined by the labor and social security administrative department of the State Council ; (III) The standard for the one-time death benefit is 48 to 60 months of the average monthly wage of employees in the relevant jurisdiction for the previous year. The specific standards are set by the people’s authorities in the respective regions, based on the local economic and social development conditions, and submitted to the people’s authorities of the provinces, autonomous regions, and municipalities directly under the Central Government for record-keeping. If an employee with a disability dies as a result of an occupational injury during the period of suspension of work with pay, their immediate relatives are entitled to the benefits specified in the first paragraph of this article. If an employee with disabilities ranging from grade 1 to grade 4 dies after the expiration of the period during which they are paid while on leave due to injury, their immediate family members may receive the benefits specified in items (1) and (2) of the first paragraph of this article. Article 38: Disability allowances, pensions for dependents, and living care expenses shall be adjusted in a timely manner by the labor security administrative department of the coordinated region, based on factors such as changes in the average wage of employees and living costs. The methods for adjustment shall be stipulated by the people’s ** of the provinces, autonomous regions, and municipalities directly under the Central Government. Article 39: If an employee suffers an accident while on a business trip or goes missing during emergency rescue operations, his salary shall be paid as usual for 3 months starting from the month in which the accident occurs; salary payments will cease from the 4th month onward. The work-related injury insurance fund shall pay monthly benefits to his dependents. Those facing financial difficulties can receive 50% in advance of the one-time death benefit. If an employee is declared dead by a people’s court, the matter shall be handled in accordance with the provisions on an employee’s death on duty set out in Article 37 of these regulations. Article 40 An employee injured at work shall cease to enjoy work-related injury insurance benefits under any of the following circumstances: (1) Losing the conditions for receiving such benefits ; (II) Refusing to undergo an assessment of work capacity ; (III) Those who refuse treatment ; (IV) Those who have been sentenced and are serving their prison term. Article 41: In the event of a division, merger, or transfer of an employer, the succeeding entity shall assume the employer’s responsibilities regarding work-related injury insurance ; If the original employer was already covered by work-related injury insurance, the succeeding employer shall go to the local authorities to handle the registration changes for work-related injury insurance. Where an employer operates on a contract basis, the liability for work-related injury insurance shall be borne by the unit under which the employee has an employment relationship. If an employee suffers an injury at work during a period of secondment, the original employer shall bear the liability for work-related injury insurance; however, the original employer and the entity that carries out the secondment may agree on a compensation mechanism. In the event of corporate bankruptcy, the insurance benefits for work-related injuries that are legally owed by the company shall be allocated first during the bankruptcy liquidation process. Article 42: If an employee is dispatched to work abroad and is required, in accordance with the laws of the country or region where they are going, to participate in the local work-related injury insurance, they shall do so, and their domestic work-related injury insurance coverage shall be suspended ; For those who cannot participate in the local work-related injury insurance, their domestic work-related injury insurance coverage is not terminated. Article 43: If an employee suffers another work-related injury and is entitled to a disability allowance according to the regulations, they shall receive such allowance based on the newly determined level of disability. Chapter 6 Supervision and Management Article 44 The agency responsible for handling work-related injury insurance matters shall perform the following duties: (1) Collect work-related injury insurance premiums in accordance with the regulations issued by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government ; (II) Verify the total wage amount and the number of employees of the employer, handle the registration for work-related injury insurance, and be responsible for keeping records of the employer’s contributions and the employees’ receipt of work-related injury insurance benefits ; (III) Conduct investigations and statistics on work-related injury insurance ; (IV) Manage the expenditures of the work-related injury insurance fund in accordance with regulations ; (5) Determine work-related injury insurance benefits in accordance with regulations ; (VI) Provide free consultation services for workers injured at work or their immediate relatives. Article 45: The handling agency enters into service agreements with medical institutions and assistive device supply agencies on the basis of equal consultation, and publishes a list of the medical institutions and assistive device supply agencies that have such agreements in place. The specific measures shall be formulated by the labor and social security administrative department of the State Council in conjunction with departments such as the health administrative department and the civil affairs department of the State Council. Article 46: The handling agency shall, in accordance with the agreement and relevant catalogs and standards, verify the usage of medical expenses, rehabilitation costs, and expenses for assistive devices for workers injured at work, and settle the costs on time and in full. Article 47: The handling agency shall regularly disclose the income and expenditure of the work-related injury insurance fund, and promptly submit suggestions to the labor security administrative department for adjusting the rates. Article 48 The labor security administrative departments and handling agencies shall regularly listen to the opinions of workers injured at work, medical institutions, assistive device supply agencies, and various sectors of society regarding the improvement of work-related injury insurance services. Article 49 The labor security administrative department shall, in accordance with the law, supervise and inspect the collection of work-related injury insurance premiums as well as the disbursement of funds from the work-related injury insurance fund. The financial authorities and audit institutions supervise, in accordance with the law, the income, expenditure, and management of the work-related injury insurance fund. Article 50 Any organization or individual has the right to report any illegal acts related to work-related injury insurance. The labor security administrative department shall promptly investigate reports, handle them in accordance with regulations, and keep the informants confidential. Article 51 Trade union organizations shall, in accordance with the law, safeguard the legitimate rights and interests of workers who have suffered work-related injuries, and supervise the employer’s work-related injury insurance efforts. Article 52: Disputes between employees and employers regarding work-related injury benefits shall be handled in accordance with the relevant provisions for resolving labor disputes. Article 53 Under any of the following circumstances, the relevant entities and individuals may apply for administrative reconsideration in accordance with the law ; If one is dissatisfied with the decision on reconsideration, an administrative lawsuit may be filed in accordance with the law: (1) The employee who applied for recognition of a work-related injury, or their immediate relatives, or the employer of such employee, may file an appeal if they are not satisfied with the conclusion regarding the work-related injury ; (II) If the employer disagrees with the contribution rate determined by the handling agency for the employer ; (III) Medical institutions and assistive device supply agencies that have entered into service agreements believe that the handling agency has failed to fulfill the relevant agreements or regulations ; (IV) When an employee injured at work or his/her immediate relatives have objections to the work-related injury insurance benefits determined by the handling agency. Chapter 7 Legal Liability Article 54 Where a unit or individual misappropriates the work-related injury insurance funds in violation of the provisions of Article 12 of these Regulations, and such act constitutes a crime, criminal liability shall be pursued in accordance with the law ; If it does not constitute a crime, administrative or disciplinary sanctions shall be imposed in accordance with the law. The misappropriated funds are recovered by the labor and social security administration and incorporated into the work-related injury insurance fund ; The illegally obtained proceeds shall be turned over to the state treasury in accordance with the law. Article 55: Staff members of labor security administrative departments who fall under any of the following circumstances shall be given administrative sanctions in accordance with the law ; If the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law: (1) Failing to accept applications for work-related injury recognition without proper reasons, or falsifying records to classify individuals who do not meet the criteria for work-related injuries as workers suffering from such injuries ; (II) Failing to properly keep the evidence materials for applying for work-related injury recognition, resulting in the loss of such evidence ; (III) Those who accept property from the parties involved. Article 56 If the handling agency commits any of the following acts, the labor and social security administrative department shall order it to make corrections, and impose disciplinary sanctions on the directly responsible supervisors and other persons held accountable in accordance with the law ; If the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law ; If economic losses are incurred by the parties involved, the handling agency shall bear the liability for compensation in accordance with the law: (1) Failing to keep records of the employer’s contributions and of the workers’ entitlements to work-related injury insurance as required ; (II) Failing to determine work-related injury insurance benefits in accordance with regulations ; (III) Those who accept property from the parties involved. Article 57 If a medical institution or an assistive device supply agency fails to provide services in accordance with the service agreement, the handling agency may terminate the service agreement. If the handling agency fails to settle the fees on time and in full, the labor security administrative department shall order it to make corrections ; Medical institutions and assistive device supply agencies may terminate service agreements. Article 58: If an employer conceals the total wage amount or the number of employees, the labor security administrative department shall order it to make corrections and impose a fine of not less than one time but not more than three times the amount of wages concealed. If an employer, an employee injured at work, or their immediate relatives defraud insurance benefits related to work-related injuries, or if medical institutions or organizations that supply assistive devices defraud funds intended for such insurance purposes, the labor and social security administration shall order them to return the fraudulent amounts, and impose a fine of not less than one time but not more than three times the amount defrauded ; If the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law. Article 59: If an organization or individual engaged in labor capacity assessment falls under any of the following circumstances, the labor security administrative department shall order it to make corrections and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan ; If the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law: (1) Providing false expert opinions ; (II) Those who provide false diagnosis certificates ; (III) Those who accept property from the parties involved. Article 60 If an employer is required to participate in work-related injury insurance in accordance with the provisions of these regulations but fails to do so, the labor security administrative department shall order it to make corrections ; If an employee of an employer suffers an industrial injury during a period when no work-related injury insurance coverage is in place, the employer shall pay the relevant expenses in accordance with the items and standards for work-related injury insurance stipulated in these regulations. Chapter VIII Supplementary Provisions Article 61 The term \"employees\" as used in these regulations refers to workers under various forms of employment and for various durations of employment, who have an employment relationship with the employer (including de facto employment relationships). The term \"total wage amount\" as used in these regulations refers to the total amount of remuneration paid directly by the employer to all employees of the organization. The term \"own salary\" as used in these regulations refers to the average monthly contributory salary of an employee who has suffered an injury at work or contracted an occupational disease, over the 12 months prior to that incident. If an individual’s salary is 300% higher than the average salary of workers in the designated area, the calculation will be based on 300% of that average salary ; If an individual’s salary is below 60% of the average salary of workers in the designated area, it will be calculated as 60% of that average salary. Article 62 **Employees of government agencies and public institutions or social organizations that manage personnel in accordance with or by reference to the civil servant system shall have their expenses covered by their respective employers in the event they suffer work-related injuries or contract occupational diseases.** The specific measures shall be stipulated by the labor and social security administrative department of the State Council in conjunction with the personnel administrative department and the financial department of the State Council. Procedures regarding work-related injury insurance for other public institutions, social organizations, and various private non-enterprise entities shall be stipulated separately by the labor and social security administrative department of the State Council, in consultation with departments such as the personnel administrative department, civil affairs department, and finance department of the State Council, in accordance with these regulations; such procedures shall come into effect after being approved by the State Council. Article 63: If employees of entities that do not possess a business license or have not been registered or filed in accordance with the law, as well as those of entities whose business licenses have been revoked or whose registration or filing has been canceled in accordance with the law, suffer work-related injuries or contract occupational diseases, such entities shall provide one-time compensation to the disabled employees or the immediate relatives of the deceased employees; the standard for such compensation shall not be lower than the work-related injury insurance benefits stipulated in these regulations ; Employers shall not use child labor. If the use of child labor by an employer results in injury or death of the child, such employer shall provide a one-time compensation to the child or the child’s immediate relatives, with the amount of compensation not being less than the insurance benefits stipulated in these regulations. The specific measures shall be stipulated by the labor and social security administrative department of the State Council. Where the direct relatives of an employee with a disability or a deceased employee as specified in the preceding paragraph have a dispute with the employer regarding the amount of compensation, or where the direct relatives of a child laborer or a deceased child laborer as specified in the preceding paragraph have a dispute with the employer regarding the amount of compensation, such disputes shall be handled in accordance with the relevant provisions for resolving labor disputes. Article 64 These Regulations shall come into force as of January 1, 2004. For employees who were injured in an accident or contracted an occupational disease prior to the implementation of these regulations and have not yet completed the work-related injury assessment, the provisions of these regulations shall apply.
Reply #52008-04-18
Article 16 Employees in any of the following circumstances shall not be recognized as having suffered work-related injuries or injuries treated as such: (1) Those who are injured or killed as a result of committing a crime or violating public order regulations; (II) Injuries or deaths caused by intoxication ; (III) Those who engage in self-harm or suicide.
Reply #62008-04-18
Do we even need to ask? Even if someone commits suicide due to unbearable stress, it isn’t considered a work-related injury
Reply #72008-04-18
It is clearly stipulated that this certainly cannot be considered an occupational injury
Reply #82008-04-18
The regulations on work-related injuries are clear: suicide cannot be considered a work-related injury; I feel sorry for this worker. The deceased is gone forever; why must the living bear such pressure?
Reply #92008-04-19
No, if people commit suicide under stress, that would drive the company into bankruptcy as well.
Reply #102008-04-19
Perhaps it’s due to different experiences; if those upstairs have been through it, they might not express such opinions. That explosion was extremely tragic. Multiple employees were blown into the air and torn to pieces. A mushroom cloud rose above the factory; the workshops were completely destroyed. Hundreds of barrels of materials were outside, and when an explosion occurred below, those barrels were sent flying upward, with some of them hitting cars on the road. Everywhere is a sea of fire. Even the **team members were too scared to enter the fire scene to put out the fire. Anyone who goes through it will be greatly shaken psychologically. It cannot be simply handled in accordance with the regulations on work-related injuries; each case needs to be analyzed on its own merits.
Reply #112008-04-19
To determine that it is a work-related injury, the company merely files a claim; the labor department still needs to conduct an investigation. So, according to your humanistic perspective, only a company acting out of humanity would provide additional compensation or consolation money; otherwise, if it’s discovered, it will be seen as an attempt to reduce corporate responsibilities and defraud insurance funds!

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