The insurance regulations of the industrial injury will be revised The traffic accident plans not to include the industrial injury on and off duty

The insurance regulations of the industrial injury will be revised The traffic accident plans not to include the industrial injury on and off duty
It have it plan traffic accident on the way home again last industrial injury,employing unit should report within 24 hours, not paying the belated payment, fining to go to work in the unit which injure the insurance for the staff, the lump-sum worker dies the subsidy will be improved to some extent From the this day to August 15, the State Council legal system office on Decision (draft) >>Quote the will of the people fully.
Have and is planned not to be regarded as the industrial injury again by the traffic accident on the way home
Change: The draft has been left out " Getting on injures by the motor vehicle accident and regards as the industrial injury on the way home " A style. Reason:
1," traffic accident responsibility compulsory insurance regulations of motor vehicle " were implemented as the circle with 2006, before appearing on the stage yet in this regulation, and receive the situation of the accident injury of motor vehicle within the range of industrial injury on the way home; After this regulation is issued, the worker can be compensated from the compulsory liability insurance while encountering the traffic accident, can also solve through the route of civil compensation at the same time.
2,Getting on can be regarded as the industrial injury by the traffic accident of motor vehicle on the way home, run into " non-motors vehicle " such as the bicycle, electric motor car,etc. Is the traffic accident the industrial injury? Every place, every department and worker reflect strongly the original regulation is unfair, demand to revise.
3,Have though the extension that can be regarded as working time and workplace on the way home, it equal toes to be working time and workplace, so in have on the way home receiving the intersection of accident and situation of injury, asserting, deleting in the range from industrial injury, will not influence the guarantee to the key situation of the insurance of industrial injury.
4,With housing commercialization and the intersection of personnel and improvement of flowability, to how confirm, have various operating difficulty to be large dispute on the way home.
5,In the world a lot of country worker in at on the way home motor vehicle accident the situations of injury last industrial injury and last range; Though some countries include it in, to " have on the way home " , " motor vehicle " Wait for the concept to limit strictly, the regular bus as only limited to the unit offeredding.
Can't assert the range of the industrial injury dwindles
Change: The draft has been deleted " Violate public security, manage behavior and violate the traffic safety administration behaviour of the road, lead to the fact the accident injury " Two theses kind of can't regard ng industrial injury as for situation.
Reason: It manages the behavior and violates the traffic safety administration behaviour of the road to violate the public security, compared with crime, the social harmfulness is relatively little, should not get rid of the accident injury caused by these two kinds of behaviors except asserting the range in industrial injury.
Report in 24 hours of more serious industrial accident
Change: The draft stipulates: The employing unit should report within 24 hours after more serious industrial accident happened; Have simplified industrial injury of the relation dispute of working and asserted the procedure.
Reason: The application prescroption that the original fixed industrial injury asserts is one year. But because of various reasons in fact, the party often just applies to assert after the accident happens for a long time, evidence material take place very great change already, cause, collect evidence difficult. In addition, the industrial injury of the relation dispute of working exists to assert the case, need to carry on arbitration on relation of working first, assert time is longer. The draft stipulates, there is industrial injury of the relation dispute of working that asserts, are not arbitrated by the labour dispute and the administration replies the agenda preface, bring administrative litigation to the people's court directly.
Not effecting an insurance, the worker can also enjoy the insurance treatment
Change: " after the employing unit participates in insurance and industrial injury insurance premium, belated payment paid and is in arrears of industrial injury and fines that the draft stipulates, paid the expenses of kainogenesis according to the regulation of this regulationed by insured fund and employing unit of the industrial injury. " And measure of increasing the penalty of the employing unit to not effecting an insurance, collecting the belated payment, application people's court and enforcing etc..
Reason: The original clause, for not " participated in the industrial injury expenses taken place of the industrial injury worker of the insurance employing unit of the industrial injury ing, paid according to industrial injury insurance treatment project and standard that the regulations stipulate by the employing unit " . But in practice very difficult to implement regulation this, effect an insurance employing unit in arrears with even refuse, pay phenomenon of treatment, worker of industrial injury, often take place. The original regulations and punishment efforts of the employing unit is not enough to not effecting an insurance that " the social insurance premium collect the provisional regulations ", have influenced the enthusiasm of effecting an insurance of the employing unit.
Other revision
The worker dies the treatment standard is improved
In order to solve the problem that some area lump-sum workers die the subsidy is crossed low, two kinds of schemes that the drafts have been designed: First, the intersection of pool and average monthly income, worker of area, lower than the intersection of the whole province and average monthly income, take place by average monthly income of the whole province lump-sum worker die subsidy; Second, die subsidy lump-sum worker standard the intersection of worker and 48 of average monthly income bring 60 month to 80 months up to to 60 month month from prior year such as area such as pool.
Include organizations such as public institution, public organization, non-governmental non-enterprise unit,etc. in the insurance applicable scope of industrial injury.
Medical subsidy of lump-sum industrial injury paid by the employing unit, in hospital the intersection of mess and allowance and the intersection of industrial injury and worker get pool subsistence charge of traffic that seek medical advice change into that is paid by the insured fund of the industrial injury beyond the area.
(Reporter Jiang Wei)
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