1、【Title】 Regulation on Work-Related Injury Insurance (2010 Revision)Effective【法规标题】工伤保险条例(2010修订)现行有效【法宝引证码】 CLI.2.142905(EN)Date issued:12-20-2010 发布日期： 2010-12-20 Effective date:01-01-2004 生效日期： 2004-01-01 Issuing authority:State Council 发布部门： 国务院 Area of law:Personnel 类别：人事 Document Number:Order N
2、o.375 of the State Council of the Peoples Republic of China 发文字号：国务院令第586号 Regulation on Work-Related Injury Insurance(Promulgated by Order No.375 of the State Council of the Peoples Republic of China on April 27, 2003, amended according to the Decision of the State Council on Amending the Regulatio
3、n on Work-Related Injury Insurance on December 20, 2010)工伤保险条例（2003年4月27日中华人民共和国国务院令第375号公布 根据2010年12月20日国务院关于修改工伤保险条例的决定修订）Chapter I General Provisions第一章 总 则Article 1 This Regulation is formulated to guaranteeing the employees who are injured from accidents arising from work or who suffer from occ
4、upational diseases to obtain medical care and economic compensation, promoting the prevention and occupational recovery from work-related injuries, and dispersing the work-related injury risks of employers.第一条 为了保障因工作遭受事故伤害或者患职业病的职工获得医疗救治和经济补偿，促进工伤预防和职业康复，分散用人单位的工伤风险，制定本条例。Article 2 Enterprises, pub
5、lic institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms, and other organizations as well as individual industrial and commercial households hiring laborers (hereinafter referred to as “employers”) within the territory of the Peoples Republic
6、of China shall, in accordance with this Regulation, purchase work-related injury insurance, paying work-related injury insurance premiums for all their employees or hired laborers (hereinafter referred to as “employees”).Employees of enterprises, public institutions, social organizations, private no
7、n-enterprise entities, foundations, law firms, and other organizations as well as laborers hired by individual industrial and commercial households within the territory of the Peoples Republic of China shall have the right to enjoy the work-related injury insurance benefits in accordance with this R
8、egulation.第二条 中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织和有雇工的个体工商户（以下称用人单位）应当依照本条例规定参加工伤保险，为本单位全部职工或者雇工（以下称职工）缴纳工伤保险费。中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织的职工和个体工商户的雇工，均有依照本条例的规定享受工伤保险待遇的权利。Article 3 The work-related injury insurance premiums shall be collected and paid in accor
9、dance with the provisions in the “Interim Regulation on the Collection and Payment of Social Insurance Premiums” regarding the collection and payment of basic pension insurance premiums, basic medical insurance premiums, and unemployment insurance premiums.第三条 工伤保险费的征缴按照社会保险费征缴暂行条例关于基本养老保险费、基本医疗保险费、
10、失业保险费的征缴规定执行。Article 4 The employers shall announce the relevant information on buying work-related injury insurance within the scope of the entity.The employers and the employees shall abide by the relevant laws and regulations on safe production and prevention and treatment of occupational disease
11、s, implement the rules and standards on safety and health care, prevent work-related injury accidents, avoid and reduce harms from occupational diseases.When an employees from a work-related injury, the employers shall take measure to have the injured employee cured in time.第四条 用人单位应当将参加工伤保险的有关情况在本单
12、位内公示。用人单位和职工应当遵守有关安全生产和职业病防治的法律法规，执行安全卫生规程和标准，预防工伤事故发生，避免和减少职业病危害。职工发生工伤时，用人单位应当采取措施使工伤职工得到及时救治。Article 5 The social insurance administrative department under the State Council shall be responsible for the work of nationwide work-related injury insurances.The social insurance administrative departme
13、nt of each local peoples government at or above the county level shall be responsible for the work of work-related injury insurance within its own jurisdiction.The social insurance handling institutions (hereinafter referred to as handling institutions) established by the social insurance administra
14、tive department under the State Council in accordance with the relevant provisions shall specifically undertake the affairs in respect of work-related injury insurances.第五条 国务院社会保险行政部门负责全国的工伤保险工作。县级以上地方各级人民政府社会保险行政部门负责本行政区域内的工伤保险工作。社会保险行政部门按照国务院有关规定设立的社会保险经办机构（以下称经办机构）具体承办工伤保险事务。Article 6 the social
15、 insurance administrative department and other departments shall, if formulating policies or standards concerning work-related injury insurances, solicit opinions from the representatives of the trade union organizations and employers.第六条 社会保险行政部门等部门制定工伤保险的政策、标准，应当征求工会组织、用人单位代表的意见。Chapter II Work-Re
16、lated Injury Insurance Fund第二章 工伤保险基金Article 7 The work-related injury insurance fund shall be composed of the work-related injury insurance premiums paid by the employers, the interest on the work-related injury insurance fund and other funds legally included in the work-related injury insurance fu
17、nd.第七条 工伤保险基金由用人单位缴纳的工伤保险费、工伤保险基金的利息和依法纳入工伤保险基金的其他资金构成。Article 8 The rate of the work-related injury insurance premiums shall be determined in compliance with the principles of basing collection on expenditure and balancing the income and expenditure.The state shall determine differential premium ra
18、tes for different industries in light of their respective likelihood of work-related injuries, and set forth a number of different premium rates for each industry in light of the use of the work-related injury insurance premiums, occurrence rate of work-related injuries, etc. The differential premiu
19、m rates for different industries and the different premium rates within each industry shall be decided by the social insurance administrative department under the State Council, and be subject to the approval of the State Council before promulgation and implementation.The handling institution in a r
20、egion subject to overall planning shall, in light of the information on the employers use of work-related injury insurance premiums and the occurrence rate of work-related injuries, etc., apply the corresponding grade of premium rate for the industry to determine the premium rate of the employers.第八
21、条 工伤保险费根据以支定收、收支平衡的原则，确定费率。国家根据不同行业的工伤风险程度确定行业的差别费率，并根据工伤保险费使用、工伤发生率等情况在每个行业内确定若干费率档次。行业差别费率及行业内费率档次由国务院社会保险行政部门制定，报国务院批准后公布施行。统筹地区经办机构根据用人单位工伤保险费使用、工伤发生率等情况，适用所属行业内相应的费率档次确定单位缴费费率。Article 9 The social insurance administrative department under the State Council shall have regular knowledge of the re
22、venue and expenditures of the work-related injury insurance funds in all overall planning areas throughout the country, and shall put forward a timely plan for adjustment of the differential premium rates for different industries and the different premium rates within each industry, which shall be s
23、ubject to the approval of the State Council before promulgation and implementation.第九条 国务院社会保险行政部门应当定期了解全国各统筹地区工伤保险基金收支情况，及时提出调整行业差别费率及行业内费率档次的方案，报国务院批准后公布施行。Article 10 The employers shall pay work-related injury insurance premiums on time, and individual employees do not have to pay the work-relate
24、d injury insurance premiums.The amount of work-related injury insurance premiums paid by the employers shall be the product of multiplying the total amount of wages of the employees in the employers by the premiums rate of the employers.For any industry which has difficulty in paying work-related in
25、jury insurance premiums on the basis of the total wages, the specific methods for paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department under the State Council.第十条 用人单位应当按时缴纳工伤保险费。职工个人不缴纳工伤保险费。用人单位缴纳工伤保险费的数额为本单位职工工资总额乘以单位缴费费率之积。对难以按照工资总额缴
26、纳工伤保险费的行业，其缴纳工伤保险费的具体方式，由国务院社会保险行政部门规定。Article 11 Work-related injury insurance funds shall be gradually managed under provincial overall planning.For trans-regional industries and industries with large production mobility, the employers may buy work-related injury insurances in region subject to ov
27、erall planning by a relatively concentrative means. The specific measures shall be formulated by the social insurance administrative department under the State Council jointly with the competent departments of the relevant industries.第十一条 工伤保险基金逐步实行省级统筹。跨地区、生产流动性较大的行业，可以采取相对集中的方式异地参加统筹地区的工伤保险。具体办法由国
28、务院社会保险行政部门会同有关行业的主管部门制定。Article 12 Work-related injury insurance funds shall be deposited into a designated financial account of social security fund, and shall be used to pay work-related injury insurance benefits, work ability appraisal fees, fees for publicity and training with respect to work-re
29、lated injury prevention and other fees as prescribed in this Regulation, as well as other expenses used for work-related injury insurance as prescribed in laws and regulations. The social insurance administrative department under the State Council shall, jointly with the departments of public financ
30、e, health administration, production safety supervision and administration, etc. under the State Council, formulate specific measures for the drawing ratio, use and administration of work-related injury prevention fees.No entity or individual may use work-related injury insurance funds to make inves
31、tment operations, build or rebuild office places, or grant bonuses, or misappropriate such funds for other purposes.第十二条 工伤保险基金存入社会保障基金财政专户，用于本条例规定的工伤保险待遇，劳动能力鉴定，工伤预防的宣传、培训等费用，以及法律、法规规定的用于工伤保险的其他费用的支付。工伤预防费用的提取比例、使用和管理的具体办法，由国务院社会保险行政部门会同国务院财政、卫生行政、安全生产监督管理等部门规定。任何单位或者个人不得将工伤保险基金用于投资运营、兴建或者改建办公场所、发放
32、奖金，或者挪作其他用途。Article 13 A certain proportion of reserve among the work-related injury insurance fund shall be remained for the paying of the treatment of work-related injury insurances on major accidents in the regions subject to overall planning; if the reserve is not enough to pay the said treatmen
33、t, the peoples government of the region subject to overall planning shall pay the remaining sum. The specific proportion of the reserve among the total amount of the fund and the measures on using the reserve shall be provided for by the peoples government of the province, autonomous region, or muni
34、cipality directly under the Central Government.第十三条 工伤保险基金应当留有一定比例的储备金，用于统筹地区重大事故的工伤保险待遇支付；储备金不足支付的，由统筹地区的人民政府垫付。储备金占基金总额的具体比例和储备金的使用办法，由省、自治区、直辖市人民政府规定。Chapter III Determination of Work-Related Injuries第三章 工伤认定Article 14 A employees shall be ascertained to have suffered from work-related injury if:
35、1. he is injured from an accident within the working hours and the working place due to his work;2. he is injured from an accident within the working place before or after the working hours for doing preparatory or finishing work related to his job;3. he suffers from violence or other unexpected inj
36、ury within the working hours and working place due to implementation of his duties;4. he suffers from an occupational disease;5. his whereabouts are unknown due to his injury or accident during his trip for performing his duties;6. he is injured in traffic accident for which he is not principally re
37、sponsible or in an urban rail transit, passenger ferry or train accident on his way to or back from work;7. other circumstances provided for in laws and administrative regulations under which work-related injuries shall be ascertained.第十四条 职工有下列情形之一的，应当认定为工伤：（一）在工作时间和工作场所内，因工作原因受到事故伤害的；（二）工作时间前后在工作场
38、所内，从事与工作有关的预备性或者收尾性工作受到事故伤害的；（三）在工作时间和工作场所内，因履行工作职责受到暴力等意外伤害的；（四）患职业病的；（五）因工外出期间，由于工作原因受到伤害或者发生事故下落不明的；（六）在上下班途中，受到非本人主要责任的交通事故或者城市轨道交通、客运轮渡、火车事故伤害的；（七）法律、行政法规规定应当认定为工伤的其他情形。Article 15 An employee shall be regarded to have suffered from the work-related injury if:1. during the working hours and on t
39、he post, he dies from a sudden disease or dies within 48 hours due to ineffective rescue;2. he is injured when dealing with an emergency or providing disaster relief or in other activity for maintaining the state benefits or public benefits; or3. he served in the army and became disabled due to war
40、or duties, and has obtained the certificate of revolutionary disabled armyman, but recrudesces from the past injury after working in the employing entity.Where an employee is under the circumstance in Item (a) or (b) of the preceding paragraph, he may enjoy the treatment of work-related injury insur
41、ances in accordance with the relevant provisions of the present regulation; where an employee is under the circumstance in Item (c) of the preceding paragraph, he may enjoy the treatment of work-related injury insurances other than the lump-sum disability subsidy in accordance with the relevant prov
42、isions in the present regulation.第十五条 职工有下列情形之一的，视同工伤：（一）在工作时间和工作岗位，突发疾病死亡或者在48小时之内经抢救无效死亡的；（二）在抢险救灾等维护国家利益、公共利益活动中受到伤害的；（三）职工原在军队服役，因战、因公负伤致残，已取得革命伤残军人证，到用人单位后旧伤复发的。职工有前款第（一）项、第（二）项情形的，按照本条例的有关规定享受工伤保险待遇；职工有前款第（三）项情形的，按照本条例的有关规定享受除一次性伤残补助金以外的工伤保险待遇。Article 16 An employee who conforms to the provisi
43、ons of Article 14 or Article 15 of this Regulation shall neither be determined nor be regarded to have suffered a work-related injury if:1. He intentionally commits a crime;2. He is under the influence of alcohol or drugs; or 3. He injures himself or commits suicide.第十六条 职工符合本条例第十四条、第十五条的规定，但是有下列情形之
44、一的，不得认定为工伤或者视同工伤：（一）故意犯罪的；（二）醉酒或者吸毒的；（三）自残或者自杀的。Article 17 where an employee is injured from an accident or is diagnosed or assessed in accordance with the Law on Prevention and Treatment of Occupational Diseases to have an occupational disease, the employers shall, within 30 days as of the day when
45、 the accident injury is occurred or when he is diagnosed or assessed to have contracted the occupational disease, file an application for ascertainment of the work-related injury to the social insurance administrative department in the region subject to overall planning. Under special circumstances,
46、 the time limit for application may be properly extended, subject to the approval of the social insurance administrative department.Where an employers fails to file an application for ascertainment of a work-related injury in accordance with the preceding paragraph, the worker who suffered from the
47、injury or his close relative, or the trade union organization may, within one year as of the day when the accident injury is occurred or when the employee is diagnosed or assessed to have the occupational disease, directly file the application for ascertainment of the work-related injury to the soci
48、al insurance administrative department of the region subject to overall planning where the employers is located.The matter for which the work-related injuries shall be ascertained by the social insurance administrative department at the provincial level as provided for in Paragraph 1 of the present article, shall be handled by the social insurance administrative department at the level of city divided into districts at the locality of the employers in compliance with the principle of territory.
