The State Council revised the Regulations on Work-Related Injury Insurance on December 20, 2010. The new revisions (“Work-Related Injury Regulations”) will come into effect on January 1, 2011.
In comparison to the previous version released in 2003, the Work-Related Injury Regulations will apply to a larger set of entities, including enterprises, institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms and individual businesses that hire workers.
According to the Work-Related Injury Regulations, under any of the following circumstances, an employee shall be deemed as suffering a work-related injury:
- Where the worker is injured in an accident at work during working hours in the workplace;
- Where the worker is injured in an accident while engaging in preparatory or winding-up work related to the worker’s work before or after working hours in the workplace;
- Where the worker is injured by violence or in any other accident in connection with the performance of the worker’s duties during working hours in the workplace;
- Where the worker suffers from an occupational disease;
- Where, during a work-related travel, the worker is injured in connection with the worker’s work or the worker’s whereabouts become unknown after an accident;
- Where the worker is injured in a traffic accident, urban rail transportation accident, passenger ferry accident or railway accident while going to or returning from work, for which the worker should not bear major responsibility; or
- Other circumstances specified in laws and administrative regulations in which it is determined that the worker suffers work-related injury.
There are three additional circumstances under which an employee shall be deemed as suffering a work-related injury:
- Where the worker dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace;
- Where the worker is injured in emergency rescue and disaster relief efforts and any other act to protect the interests of the State or the public interest; or
- Where the worker is injured and disabled in war or on duty while in military service and has obtained a certificate for injured and disabled soldiers, and suffers from a relapse of the old injury while being employed by the employer.
Where a worker suffers a work-related injury during the period in which the employer has not participated in work-related injury insurance as the Work-Related Injury Regulations require, the employer shall make payments as work-related injury insurance benefits to the injured employee according to the Work-Related Injury Regulations.
- Regulations on Work-Related Injury Insurance
- Issuing Authority: the State Council
- Date of Modification: December 20, 2010 / Effective Date: January 1, 2011