Regulation on Work-Related Injury Insurance

(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)

(Promulgated by Decree No. 375 of the State Council of the People's Republic of China on April 27, 2003, and revised in accordance with the Decision of the State Council on Amending the Regulation on Work-Related Injury Insurance on December 20, 2010)

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。

This Regulation is formulated to ensure that employees who suffer work-related accidents or contract occupational diseases receive medical treatment and economic compensation, to promote the prevention of work-related injuries and occupational rehabilitation, and to disperse the risks of work-related injuries for employers.

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。

Enterprises, public institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms, and other organizations, as well as individually-owned businesses with employees (hereinafter referred to as employers) within the territory of the People's Republic of China shall participate in work-related injury insurance in accordance with the provisions of this Regulation and pay work-related injury insurance premiums for all their employees or workers (hereinafter referred to as employees).

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。

Employees of enterprises, public institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms, and other organizations, as well as workers of individually-owned businesses within the territory of the People's Republic of China, have the right to enjoy work-related injury insurance benefits in accordance with the provisions of this Regulation.

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、失业保险费的征缴规定执行。

The collection of work-related injury insurance premiums shall be implemented in accordance with the provisions of the Interim Regulation on the Collection and Payment of Social Insurance Premiums regarding the collection of basic old-age insurance premiums, basic medical insurance premiums, and unemployment insurance premiums.

用人单位应当将参加工伤保险的有关情况在本单位内公示。

Employers shall publicly disclose the relevant information about their participation in work-related injury insurance within their units.

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。

Employers and employees shall comply with laws and regulations on work safety and occupational disease prevention, implement safety and health rules and standards, prevent work-related accidents, and avoid or reduce occupational disease hazards.

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。

When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely medical treatment.

国务院社会保险行政部门负责全国的工伤保险工作。

The social insurance administrative department of the State Council shall be responsible for the work-related injury insurance work nationwide.

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。

The social insurance administrative department of the local people's government at or above the county level shall be responsible for the work-related injury insurance work within its administrative region.

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。

The social insurance administrative department shall establish social insurance agencies (hereinafter referred to as agencies) in accordance with the relevant provisions of the State Council to specifically handle work-related injury insurance affairs.

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。

When formulating policies and standards for work-related injury insurance, the social insurance administrative department and other departments shall solicit opinions from trade union organizations and representatives of employers.

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。

The work-related injury insurance fund shall consist of work-related injury insurance premiums paid by employers, interest on the work-related injury insurance fund, and other funds legally included in the work-related injury insurance fund.

工伤保险费根据以支定收、收支平衡的原则，确定费率。

The premium rate for work-related injury insurance shall be determined based on the principle of balancing revenue and expenditure with expenditure determining revenue.

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。

The state shall determine differential rates for industries based on the degree of work-related injury risk in different industries, and shall establish several rate tiers within each industry based on factors such as the use of work-related injury insurance premiums and the incidence of work-related injuries. The differential rates for industries and the rate tiers within industries shall be formulated by the social insurance administrative department of the State Council and published for implementation after approval by the State Council.

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。

The agency in the coordinated region shall determine the employer's contribution rate by applying the corresponding rate tier within the industry to which the employer belongs, based on the employer's use of work-related injury insurance premiums and the incidence of work-related injuries.

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。

The social insurance administrative department of the State Council shall regularly monitor the revenue and expenditure of work-related injury insurance funds in all coordinated regions nationwide, and promptly propose plans for adjusting the differential rates for industries and the rate tiers within industries, which shall be published for implementation after approval by the State Council.

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。

Employers shall pay work-related injury insurance premiums on time. Individual employees shall not pay work-related injury insurance premiums.

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。

The amount of work-related injury insurance premiums paid by the employer is the product of the total wages of the employees of the unit multiplied by the unit contribution rate.

对难以按照工资总额缴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。

For industries where it is difficult to pay work-related injury insurance premiums based on total wages, the specific method of paying work-related injury insurance premiums shall be stipulated by the social insurance administrative department of the State Council.

工伤保险基金逐步实行省级统筹。

The work-related injury insurance fund shall gradually implement provincial-level pooling.

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。具体办法由国务院社会保险行政部门会同有关行业的主管部门制定。

Industries with cross-regional and high production mobility may participate in the pooling area's work-related injury insurance in a relatively centralized manner in different locations. The specific measures shall be formulated by the social insurance administrative department of the State Council together with the competent departments of relevant industries.

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。

The work-related injury insurance fund shall be deposited into the social security fund financial account and used for the payment of work-related injury insurance benefits as specified in these Regulations, labor ability appraisal, expenses for publicity and training on work injury prevention, and other expenses for work-related injury insurance as stipulated by laws and regulations.

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。

The specific measures for the extraction ratio, use, and management of work injury prevention expenses shall be stipulated by the social insurance administrative department of the State Council together with the finance, health administration, and work safety supervision and management departments of the State Council.

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、发放奖金，或者挪作其他用途。

No unit or individual may use the work-related injury insurance fund for investment operations, construction or renovation of office premises, distribution of bonuses, or misappropriation for other purposes.

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。

The work-related injury insurance fund shall retain a certain proportion of reserve funds for the payment of work-related injury insurance benefits for major accidents in the pooling area; if the reserve fund is insufficient, the people's government of the pooling area shall advance the payment. The specific proportion of the reserve fund to the total fund and the method of using the reserve fund shall be stipulated by the people's government of the province, autonomous region, or municipality directly under the Central Government.

职工有下列情形之一的，应当认定为工伤：

An employee shall be identified as having a work-related injury under any of the following circumstances:

(一)在工作时间和工作场所内，因工作原因受到事故伤害的；

(1) Suffering an accidental injury due to work-related reasons during working hours and at the workplace;

(二)工作时间前后在工作场所内，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；

(2) Suffering an accidental injury while engaged in preparatory or finishing work related to work at the workplace before or after working hours;

(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；

(3) Suffering violent or other accidental injuries while performing work duties during working hours and at the workplace;

(四)患职业病的；

(4) Contracting an occupational disease;

(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；

(5) Suffering an injury or going missing due to an accident while on a business trip for work-related reasons;

(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；

(6) Suffering injury in a traffic accident for which the employee is not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or train, during the commute to or from work;

(七)法律、行政法规规定应当认定为工伤的其他情形。

(7) Other circumstances that laws or administrative regulations stipulate shall be recognized as work-related injuries.

职工有下列情形之一的，视同工伤：

An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

(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；

(1) Dying from a sudden disease during working hours and at the workplace, or dying within 48 hours after rescue efforts fail;

(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；

(2) Suffering injury while participating in emergency rescue, disaster relief, or other activities to safeguard national or public interests;

(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。

(3) An employee who previously served in the military and was injured or disabled due to war or duty, has obtained a certificate of revolutionary disabled soldier, and suffers a recurrence of the old injury after joining the employer.

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。

Employees with circumstances under items (1) or (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; employees with circumstances under item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations, except for the one-time disability subsidy.

职工符合本条例第十四条、第十五条的规定，但是有下列情形之一的，不得认定为工伤或者视同工伤：

If an employee meets the provisions of Articles 14 and 15 of these Regulations but falls under any of the following circumstances, the injury shall not be identified as a work-related injury or deemed as a work-related injury:

(一)故意犯罪的；

(1) Intentional crime;

(二)醉酒或者吸毒的；

(2) Drunkenness or drug use;

(三)自残或者自杀的。

(3) Self-inflicted injury or suicide.

职工发生事故伤害或者按照职业病防治法规定被诊断、鉴定为职业病，所在单位应当自事故伤害发生之日或者被诊断、鉴定为职业病之日起30日内，向统筹地区社会保险行政部门提出工伤认定申请。遇有特殊情况，经报社会保险行政部门同意，申请时限可以适当延长。

If an employee suffers an accident injury or is diagnosed or identified as having an occupational disease in accordance with the Law on the Prevention and Control of Occupational Diseases, the employer shall, within 30 days from the date of the accident injury or from the date of diagnosis or identification of the occupational disease, submit an application for work-related injury identification to the social insurance administrative department of the coordinated region. In case of special circumstances, the application period may be appropriately extended with the approval of the social insurance administrative department.

用人单位未按前款规定提出工伤认定申请的，工伤职工或者其近亲属、工会组织在事故伤害发生之日或者被诊断、鉴定为职业病之日起1年内，可以直接向用人单位所在地统筹地区社会保险行政部门提出工伤认定申请。

If the employer fails to submit an application for work-related injury identification in accordance with the provisions of the preceding paragraph, the injured employee or their close relatives, or the trade union organization may, within one year from the date of the accident injury or from the date of diagnosis or identification of the occupational disease, directly submit an application for work-related injury identification to the social insurance administrative department of the coordinated region where the employer is located.

按照本条第一款规定应当由省级社会保险行政部门进行工伤认定的事项，根据属地原则由用人单位所在地的设区的市级社会保险行政部门办理。

Matters that should be subject to work-related injury identification by the provincial social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department of the city divided into districts where the employer is located, based on the principle of territorial jurisdiction.

用人单位未在本条第一款规定的时限内提交工伤认定申请，在此期间发生符合本条例规定的工伤待遇等有关费用由该用人单位负担。

If the employer fails to submit an application for work-related injury identification within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

提出工伤认定申请应当提交下列材料：

The following materials shall be submitted when applying for work-related injury identification:

(一)工伤认定申请表；

(1) Work-related injury identification application form;

(二)与用人单位存在劳动关系(包括事实劳动关系)的证明材料；

(2) Evidence materials proving the existence of an employment relationship (including de facto employment relationship) with the employer;

(三)医疗诊断证明或者职业病诊断证明书(或者职业病诊断鉴定书)。

(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate).

工伤认定申请表应当包括事故发生的时间、地点、原因以及职工伤害程度等基本情况。

The work-related injury identification application form shall include basic information such as the time, place, cause of the accident, and the degree of injury to the employee.

工伤认定申请人提供材料不完整的，社会保险行政部门应当一次性书面告知工伤认定申请人需要补正的全部材料。申请人按照书面告知要求补正材料后，社会保险行政部门应当受理。

If the materials provided by the applicant for work-related injury identification are incomplete, the social insurance administrative department shall inform the applicant in writing at one time of all the materials that need to be supplemented. After the applicant supplements the materials as required by the written notice, the social insurance administrative department shall accept the application.

社会保险行政部门受理工伤认定申请后，根据审核需要可以对事故伤害进行调查核实，用人单位、职工、工会组织、医疗机构以及有关部门应当予以协助。职业病诊断和诊断争议的鉴定，依照职业病防治法的有关规定执行。对依法取得职业病诊断证明书或者职业病诊断鉴定书的，社会保险行政部门不再进行调查核实。

After accepting an application for work-related injury identification, the social insurance administrative department may, based on the needs of the review, investigate and verify the accident injury. The employer, employees, trade union organizations, medical institutions, and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes 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 legally obtained an occupational disease diagnosis certificate or occupational disease diagnosis appraisal certificate, the social insurance administrative department shall no longer conduct investigation and verification.

职工或者其近亲属认为是工伤，用人单位不认为是工伤的，由用人单位承担举证责任。

If the employee or his/her close relative considers it a work-related injury, but the employer does not, the employer shall bear the burden of proof.

社会保险行政部门应当自受理工伤认定申请之日起60日内作出工伤认定的决定，并书面通知申请工伤认定的职工或者其近亲属和该职工所在单位。

The social insurance administrative department shall make a decision on work-related injury identification within 60 days from the date of accepting the application for work-related injury identification, and shall notify in writing the employee applying for work-related injury identification or his/her close relative and the employer of the employee.

社会保险行政部门对受理的事实清楚、权利义务明确的工伤认定申请，应当在15日内作出工伤认定的决定。

For applications for work-related injury identification with clear facts and unambiguous rights and obligations, the social insurance administrative department shall make a decision on work-related injury identification within 15 days.

作出工伤认定决定需要以司法机关或者有关行政主管部门的结论为依据的，在司法机关或者有关行政主管部门尚未作出结论期间，作出工伤认定决定的时限中止。

If a work-related injury determination requires a conclusion from a judicial organ or relevant administrative department, the time limit for making the work-related injury determination shall be suspended during the period when the judicial organ or relevant administrative department has not yet made a conclusion.

社会保险行政部门工作人员与工伤认定申请人有利害关系的，应当回避。

Staff members of the social insurance administrative department who have an interest in the applicant for work-related injury identification shall recuse themselves.

职工发生工伤，经治疗伤情相对稳定后存在残疾、影响劳动能力的，应当进行劳动能力鉴定。

If an employee suffers a work-related injury and, after treatment, the injury is relatively stable with disability or impaired labor ability, a labor ability appraisal shall be conducted.

劳动能力鉴定是指劳动功能障碍程度和生活自理障碍程度的等级鉴定。

Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care dependency.

劳动功能障碍分为十个伤残等级，最重的为一级，最轻的为十级。

Labor dysfunction is divided into ten disability grades, with Grade 1 being the most severe and Grade 10 being the least severe.

生活自理障碍分为三个等级：生活完全不能自理、生活大部分不能自理和生活部分不能自理。

Self-care dependency is divided into three levels: complete inability to self-care, major inability to self-care, and partial inability to self-care.

劳动能力鉴定标准由国务院社会保险行政部门会同国务院卫生行政部门等部门制定。

The standards for labor ability appraisal shall be formulated by the social insurance administrative department of the State Council jointly with the health administrative department of the State Council and other relevant departments.

劳动能力鉴定由用人单位、工伤职工或者其近亲属向设区的市级劳动能力鉴定委员会提出申请，并提供工伤认定决定和职工工伤医疗的有关资料。

An application for labor ability appraisal shall be submitted by the employer, the injured employee, or his/her close relative to the labor ability appraisal committee at the city divided into districts level, along with the work-related injury determination decision and relevant medical records of the employee's work-related injury.

省、自治区、直辖市劳动能力鉴定委员会和设区的市级劳动能力鉴定委员会分别由省、自治区、直辖市和设区的市级社会保险行政部门、卫生行政部门、工会组织、经办机构代表以及用人单位代表组成。

The labor ability appraisal committee of a province, autonomous region, or municipality directly under the Central Government and the labor ability appraisal committee of a city divided into districts shall be composed of representatives from the social insurance administrative department, health administrative department, trade union organization, agency representative, and employer representative at the corresponding level.

劳动能力鉴定委员会建立医疗卫生专家库。列入专家库的医疗卫生专业技术人员应当具备下列条件：

The labor ability appraisal committee shall establish a medical and health expert database. Medical and health professionals included in the expert database shall meet the following conditions:

(一)具有医疗卫生高级专业技术职务任职资格；

(1) Possess senior professional technical position qualifications in medical and health care;

(二)掌握劳动能力鉴定的相关知识；

(2) Master the relevant knowledge of labor ability appraisal;

(三)具有良好的职业品德。

(3) Have good professional ethics.

设区的市级劳动能力鉴定委员会收到劳动能力鉴定申请后，应当从其建立的医疗卫生专家库中随机抽取3名或者5名相关专家组成专家组，由专家组提出鉴定意见。设区的市级劳动能力鉴定委员会根据专家组的鉴定意见作出工伤职工劳动能力鉴定结论；必要时，可以委托具备资格的医疗机构协助进行有关的诊断。

Upon receiving an application for labor ability appraisal, the labor ability appraisal committee of a city divided into districts shall randomly select 3 or 5 relevant experts from its established medical and health expert database to form an expert panel, which shall provide appraisal opinions. The labor ability appraisal committee of the city divided into districts shall make a labor ability appraisal conclusion for the work-related injured employee based on the expert panel's appraisal opinions; if necessary, it may entrust a qualified medical institution to assist in conducting relevant diagnoses.

设区的市级劳动能力鉴定委员会应当自收到劳动能力鉴定申请之日起60日内作出劳动能力鉴定结论，必要时，作出劳动能力鉴定结论的期限可以延长30日。劳动能力鉴定结论应当及时送达申请鉴定的单位和个人。

The labor ability appraisal committee of a city divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receiving the application for labor ability appraisal; if necessary, the period for making the labor ability appraisal conclusion may be extended by 30 days. The labor ability appraisal conclusion shall be promptly served to the unit and individual that applied for the appraisal.

申请鉴定的单位或者个人对设区的市级劳动能力鉴定委员会作出的鉴定结论不服的，可以在收到该鉴定结论之日起15日内向省、自治区、直辖市劳动能力鉴定委员会提出再次鉴定申请。省、自治区、直辖市劳动能力鉴定委员会作出的劳动能力鉴定结论为最终结论。

If the unit or individual that applied for the appraisal disagrees with the appraisal conclusion made by the labor ability appraisal committee of the city divided into districts, it may, within 15 days from the date of receiving the appraisal conclusion, file an application for a review appraisal with the labor ability appraisal committee of the province, autonomous region, or municipality directly under the Central Government. The labor ability appraisal conclusion made by the labor ability appraisal committee of the province, autonomous region, or municipality directly under the Central Government shall be the final conclusion.

劳动能力鉴定工作应当客观、公正。劳动能力鉴定委员会组成人员或者参加鉴定的专家与当事人有利害关系的，应当回避。

The labor ability appraisal work shall be objective and fair. If a member of the labor ability appraisal committee or an expert participating in the appraisal has an interest in the parties involved, they shall recuse themselves.

自劳动能力鉴定结论作出之日起1年后，工伤职工或者其近亲属、所在单位或者经办机构认为伤残情况发生变化的，可以申请劳动能力复查鉴定。

One year after the date of the labor ability appraisal conclusion, if the work-related injured employee or their close relative, the employing unit, or the handling agency believes that the injury condition has changed, they may apply for a reexamination appraisal of labor ability.

劳动能力鉴定委员会依照本条例第二十六条和第二十八条的规定进行再次鉴定和复查鉴定的期限，依照本条例第二十五条第二款的规定执行。

The time limit for the labor ability appraisal committee to conduct a review appraisal and a reexamination appraisal in accordance with Articles 26 and 28 of these Regulations shall be implemented in accordance with the provisions of paragraph 2 of Article 25 of these Regulations.

职工因工作遭受事故伤害或者患职业病进行治疗，享受工伤医疗待遇。

An employee who suffers a work-related accident or occupational disease and receives treatment shall enjoy work-related injury medical treatment benefits.

职工治疗工伤应当在签订服务协议的医疗机构就医，情况紧急时可以先到就近的医疗机构急救。

An employee receiving treatment for a work-related injury shall be treated in a medical institution that has signed a service agreement; in an emergency, the employee may first go to a nearby medical institution for first aid.

治疗工伤所需费用符合工伤保险诊疗项目目录、工伤保险药品目录、工伤保险住院服务标准的，从工伤保险基金支付。工伤保险诊疗项目目录、工伤保险药品目录、工伤保险住院服务标准，由国务院社会保险行政部门会同国务院卫生行政部门、食品药品监督管理部门等部门规定。

Expenses necessary for treating a work-related injury that comply with the Work-Related Injury Insurance Diagnosis and Treatment Item Catalog, the Work-Related Injury Insurance Drug Catalog, and the Work-Related Injury Insurance Hospitalization Service Standards shall be paid from the work-related injury insurance fund. The Work-Related Injury Insurance Diagnosis and Treatment Item Catalog, the Work-Related Injury Insurance Drug Catalog, and the Work-Related Injury Insurance Hospitalization Service Standards shall be stipulated by the social insurance administrative department of the State Council jointly with the health administrative department of the State Council, the food and drug supervision and management department, and other departments.

职工住院治疗工伤的伙食补助费，以及经医疗机构出具证明，报经办机构同意，工伤职工到统筹地区以外就医所需的交通、食宿费用从工伤保险基金支付，基金支付的具体标准由统筹地区人民政府规定。

The meal subsidy for an employee hospitalized for treatment of a work-related injury, as well as the transportation, accommodation, and meal expenses incurred when the employee goes to a place outside the overall planning area for medical treatment with a certificate issued by the medical institution and approval from the handling agency, shall be paid from the work-related injury insurance fund. The specific standards for fund payment shall be stipulated by the people's government of the overall planning area.

工伤职工治疗非工伤引发的疾病，不享受工伤医疗待遇，按照基本医疗保险办法处理。

An employee who receives treatment for a disease not caused by a work-related injury shall not enjoy work-related injury medical treatment benefits and shall be handled in accordance with the basic medical insurance measures.

工伤职工到签订服务协议的医疗机构进行工伤康复的费用，符合规定的，从工伤保险基金支付。

Expenses for work-related injury rehabilitation incurred by an employee at a medical institution that has signed a service agreement, if in compliance with the regulations, shall be paid from the work-related injury insurance fund.

社会保险行政部门作出认定为工伤的决定后发生行政复议、行政诉讼的，行政复议和行政诉讼期间不停止支付工伤职工治疗工伤的医疗费用。

After the social insurance administrative department makes a decision recognizing a work-related injury, if an administrative reconsideration or administrative lawsuit occurs, the payment of medical expenses for the employee's work-related injury treatment shall not be suspended during the period of administrative reconsideration or administrative lawsuit.

工伤职工因日常生活或者就业需要，经劳动能力鉴定委员会确认，可以安装假肢、矫形器、假眼、假牙和配置轮椅等辅助器具，所需费用按照国家规定的标准从工伤保险基金支付。

An employee with a work-related injury who needs to install artificial limbs, orthotics, artificial eyes, artificial teeth, or configure wheelchairs and other assistive devices for daily life or employment needs, upon confirmation by the labor ability appraisal committee, may do so, and the necessary expenses shall be paid from the work-related injury insurance fund in accordance with the standards stipulated by the state.

职工因工作遭受事故伤害或者患职业病需要暂停工作接受工伤医疗的，在停工留薪期内，原工资福利待遇不变，由所在单位按月支付。

If an employee who suffers a work-related accident or occupational disease needs to suspend work to receive medical treatment for the work-related injury, during the period of suspension of work with pay, the original salary and welfare benefits shall remain unchanged and shall be paid monthly by the employer.

停工留薪期一般不超过12个月。伤情严重或者情况特殊，经设区的市级劳动能力鉴定委员会确认，可以适当延长，但延长不得超过12个月。工伤职工评定伤残等级后，停发原待遇，按照本章的有关规定享受伤残待遇。工伤职工在停工留薪期满后仍需治疗的，继续享受工伤医疗待遇。

The period for medical treatment with pay shall generally not exceed 12 months. If the injury is severe or the circumstances are special, it may be appropriately extended with the confirmation of the municipal labor ability appraisal committee, but the extension shall not exceed 12 months. After the work-related injured employee's disability level is assessed, the original treatment shall be stopped, and the employee shall enjoy disability treatment according to the relevant provisions of this chapter. If the work-related injured employee still needs treatment after the expiration of the medical treatment period with pay, the employee shall continue to enjoy medical treatment benefits for work-related injuries.

生活不能自理的工伤职工在停工留薪期需要护理的，由所在单位负责。

If a work-related injured employee who cannot take care of themselves needs nursing care during the medical treatment period with pay, the employer shall be responsible for it.

工伤职工已经评定伤残等级并经劳动能力鉴定委员会确认需要生活护理的，从工伤保险基金按月支付生活护理费。

If a work-related injured employee has been assessed with a disability level and confirmed by the labor ability appraisal committee to need living care, the work-related injury insurance fund shall pay a living care allowance on a monthly basis.

生活护理费按照生活完全不能自理、生活大部分不能自理或者生活部分不能自理3个不同等级支付，其标准分别为统筹地区上年度职工月平均工资的50%、40%或者30%。

The living care allowance shall be paid according to three different levels: complete inability to take care of oneself, most inability to take care of oneself, or partial inability to take care of oneself. The standards are respectively 50%, 40%, or 30% of the average monthly wage of employees in the overall planning area in the previous year.

职工因工致残被鉴定为一级至四级伤残的，保留劳动关系，退出工作岗位，享受以下待遇：

If an employee is assessed as having a disability level of Level 1 to Level 4 due to work-related injury, the labor relationship shall be retained, the employee shall withdraw from the work position, and enjoy the following benefits:

(一)从工伤保险基金按伤残等级支付一次性伤残补助金，标准为：一级伤残为27个月的本人工资，二级伤残为25个月的本人工资，三级伤残为23个月的本人工资，四级伤残为21个月的本人工资；

(1) A one-time disability subsidy shall be paid from the work-related injury insurance fund according to the disability level, with the standards as follows: Level 1 disability is 27 months of the employee's own wage, Level 2 disability is 25 months of the employee's own wage, Level 3 disability is 23 months of the employee's own wage, and Level 4 disability is 21 months of the employee's own wage;

(二)从工伤保险基金按月支付伤残津贴，标准为：一级伤残为本人工资的90%，二级伤残为本人工资的85%，三级伤残为本人工资的80%，四级伤残为本人工资的75%。伤残津贴实际金额低于当地最低工资标准的，由工伤保险基金补足差额；

(2) A disability allowance shall be paid monthly from the work-related injury insurance fund, with the standards as follows: Level 1 disability is 90% of the employee's own wage, Level 2 disability is 85% of the employee's own wage, Level 3 disability is 80% of the employee's own wage, and Level 4 disability is 75% of the employee's own wage. If the actual amount of the disability allowance is lower than the local minimum wage standard, the difference shall be made up by the work-related injury insurance fund;

(三)工伤职工达到退休年龄并办理退休手续后，停发伤残津贴，按照国家有关规定享受基本养老保险待遇。基本养老保险待遇低于伤残津贴的，由工伤保险基金补足差额。

(3) After the work-related injured employee reaches the retirement age and completes the retirement procedures, the disability allowance shall be stopped, and the employee shall enjoy basic old-age insurance benefits according to relevant national regulations. If the basic old-age insurance benefits are lower than the disability allowance, the difference shall be made up by the work-related injury insurance fund.

职工因工致残被鉴定为一级至四级伤残的，由用人单位和职工个人以伤残津贴为基数，缴纳基本医疗保险费。

If an employee is assessed as having a disability level of Level 1 to Level 4 due to work-related injury, the employer and the employee shall pay basic medical insurance premiums based on the disability allowance.

职工因工致残被鉴定为五级、六级伤残的，享受以下待遇：

If an employee is assessed as having a disability level of Level 5 or Level 6 due to work-related injury, the employee shall enjoy the following benefits:

(一)从工伤保险基金按伤残等级支付一次性伤残补助金，标准为：五级伤残为18个月的本人工资，六级伤残为16个月的本人工资；

(1) A one-time disability subsidy shall be paid from the work-related injury insurance fund according to the disability grade, with the standard being: for Grade 5 disability, 18 months of the employee's own wages; for Grade 6 disability, 16 months of the employee's own wages;

(二)保留与用人单位的劳动关系，由用人单位安排适当工作。难以安排工作的，由用人单位按月发给伤残津贴，标准为：五级伤残为本人工资的70%，六级伤残为本人工资的60%，并由用人单位按照规定为其缴纳应缴纳的各项社会保险费。伤残津贴实际金额低于当地最低工资标准的，由用人单位补足差额。

(2) The labor relationship with the employer shall be maintained, and the employer shall arrange suitable work. If it is difficult to arrange work, the employer shall pay a monthly disability allowance, with the standard being: for Grade 5 disability, 70% of the employee's own wages; for Grade 6 disability, 60% of the employee's own wages; and the employer shall pay all social insurance premiums payable on behalf of the employee. If the actual amount of the disability allowance is lower than the local minimum wage, the employer shall make up the difference.

经工伤职工本人提出，该职工可以与用人单位解除或者终止劳动关系，由工伤保险基金支付一次性工伤医疗补助金，由用人单位支付一次性伤残就业补助金。一次性工伤医疗补助金和一次性伤残就业补助金的具体标准由省、自治区、直辖市人民政府规定。

Upon the proposal of the employee with work-related injury, the employee may terminate or dissolve the labor relationship with the employer, and the work-related injury insurance fund shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment disability subsidy. The specific standards for the one-time medical subsidy for work-related injury and the one-time employment disability subsidy shall be prescribed by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

职工因工致残被鉴定为七级至十级伤残的，享受以下待遇：

Employees who are identified as having Grade 7 to Grade 10 disabilities due to work-related injuries shall enjoy the following benefits:

(一)从工伤保险基金按伤残等级支付一次性伤残补助金，标准为：七级伤残为13个月的本人工资，八级伤残为11个月的本人工资，九级伤残为9个月的本人工资，十级伤残为7个月的本人工资；

(1) A one-time disability subsidy shall be paid from the work-related injury insurance fund according to the disability grade, with the standard being: for Grade 7 disability, 13 months of the employee's own wages; for Grade 8 disability, 11 months of the employee's own wages; for Grade 9 disability, 9 months of the employee's own wages; for Grade 10 disability, 7 months of the employee's own wages;

(二)劳动、聘用合同期满终止，或者职工本人提出解除劳动、聘用合同的，由工伤保险基金支付一次性工伤医疗补助金，由用人单位支付一次性伤残就业补助金。一次性工伤医疗补助金和一次性伤残就业补助金的具体标准由省、自治区、直辖市人民政府规定。

(2) Upon the expiration of the labor or employment contract, or upon the employee's proposal to dissolve the labor or employment contract, the work-related injury insurance fund shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment disability subsidy. The specific standards for the one-time medical subsidy for work-related injury and the one-time employment disability subsidy shall be prescribed by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

工伤职工工伤复发，确认需要治疗的，享受本条例第三十条、第三十二条和第三十三条规定的工伤待遇。

If an employee's work-related injury recurs and treatment is confirmed as necessary, the employee shall enjoy the work-related injury benefits provided in Articles 30, 32, and 33 of these Regulations.

职工因工死亡，其近亲属按照下列规定从工伤保险基金领取丧葬补助金、供养亲属抚恤金和一次性工亡补助金：

If an employee dies due to a work-related injury, his or her close relatives shall receive funeral subsidies, dependent relative pensions, and a one-time death benefit from the work-related injury insurance fund according to the following provisions:

(一)丧葬补助金为6个月的统筹地区上年度职工月平均工资；

(1) The funeral subsidy shall be 6 months of the average monthly wage of employees in the overall planning area in the previous year;

(二)供养亲属抚恤金按照职工本人工资的一定比例发给由因工死亡职工生前提供主要生活来源、无劳动能力的亲属。标准为：配偶每月40%，其他亲属每人每月30%，孤寡老人或者孤儿每人每月在上述标准的基础上增加10%。核定的各供养亲属的抚恤金之和不应高于因工死亡职工生前的工资。供养亲属的具体范围由国务院社会保险行政部门规定；

(2) The dependent relative pension shall be paid at a certain percentage of the employee's own wages to relatives who were primarily supported by the deceased employee and are unable to work. The standard is: 40% per month for the spouse, 30% per month for each other relative, and an additional 10% per month on the basis of the above standards for each elderly person living alone or orphan. The total amount of pensions for all dependent relatives shall not exceed the wages of the deceased employee before death. The specific scope of dependent relatives shall be prescribed by the social insurance administrative department of the State Council.

(三)一次性工亡补助金标准为上一年度全国城镇居民人均可支配收入的20倍。

(3) The standard for the one-time lump-sum death benefit is 20 times the per capita disposable income of urban residents nationwide in the previous year.

伤残职工在停工留薪期内因工伤导致死亡的，其近亲属享受本条第一款规定的待遇。

If an employee with work-related injury dies during the period of paid leave for medical treatment, their close relatives shall be entitled to the benefits specified in paragraph 1 of this Article.

一级至四级伤残职工在停工留薪期满后死亡的，其近亲属可以享受本条第一款第(一)项、第(二)项规定的待遇。

If an employee with Grade 1 to Grade 4 disability dies after the expiration of the paid leave for medical treatment, their close relatives may be entitled to the benefits specified in items (1) and (2) of paragraph 1 of this Article.

伤残津贴、供养亲属抚恤金、生活护理费由统筹地区社会保险行政部门根据职工平均工资和生活费用变化等情况适时调整。调整办法由省、自治区、直辖市人民政府规定。

Disability allowances, survivor pensions, and living care fees shall be adjusted in a timely manner by the social insurance administrative department of the coordinated region based on changes in average wages and living expenses. The adjustment method shall be prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government.

职工因工外出期间发生事故或者在抢险救灾中下落不明的，从事故发生当月起3个月内照发工资，从第4个月起停发工资，由工伤保险基金向其供养亲属按月支付供养亲属抚恤金。生活有困难的，可以预支一次性工亡补助金的50%。职工被人民法院宣告死亡的，按照本条例第三十九条职工因工死亡的规定处理。

If an employee is involved in an accident during a business trip or goes missing while participating in emergency rescue or disaster relief, wages shall be paid as usual for 3 months from the month of the accident. From the 4th month onward, wages shall be suspended, and the work-related injury insurance fund shall pay monthly survivor pensions to the dependents. If the dependents have financial difficulties, they may receive an advance payment of 50% of the one-time lump-sum death benefit. If the employee is declared dead by a people's court, the provisions of Article 39 of these Regulations concerning death due to work-related injury shall apply.

工伤职工有下列情形之一的，停止享受工伤保险待遇：

An employee with work-related injury shall cease to enjoy work-related injury insurance benefits under any of the following circumstances:

(一)丧失享受待遇条件的；

(1) Loss of eligibility for benefits;

(二)拒不接受劳动能力鉴定的；

(2) Refusal to undergo work capacity assessment;

(三)拒绝治疗的。

(3) Refusal of treatment.

用人单位分立、合并、转让的，承继单位应当承担原用人单位的工伤保险责任；原用人单位已经参加工伤保险的，承继单位应当到当地经办机构办理工伤保险变更登记。

If an employer is divided, merged, or transferred, the successor entity shall assume the work-related injury insurance liability of the original employer. If the original employer has already participated in work-related injury insurance, the successor entity shall go to the local handling agency to complete the change registration for work-related injury insurance.

用人单位实行承包经营的，工伤保险责任由职工劳动关系所在单位承担。

Where an employing unit implements a contracting operation, the work-related injury insurance liability shall be borne by the unit with which the employee has a labor relationship.

职工被借调期间受到工伤事故伤害的，由原用人单位承担工伤保险责任，但原用人单位与借调单位可以约定补偿办法。

Where an employee suffers a work-related injury during a secondment period, the original employing unit shall bear the work-related injury insurance liability, but the original employing unit and the seconding unit may agree on a compensation method.

企业破产的，在破产清算时依法拨付应当由单位支付的工伤保险待遇费用。

Where an enterprise goes bankrupt, the work-related injury insurance benefits payable by the unit shall be allocated in accordance with the law during the bankruptcy liquidation.

职工被派遣出境工作，依据前往国家或者地区的法律应当参加当地工伤保险的，参加当地工伤保险，其国内工伤保险关系中止；不能参加当地工伤保险的，其国内工伤保险关系不中止。

Where an employee is dispatched overseas for work and is required to participate in local work-related injury insurance under the laws of the destination country or region, the employee shall participate in the local work-related injury insurance, and the domestic work-related injury insurance relationship shall be suspended; where the employee cannot participate in the local work-related injury insurance, the domestic work-related injury insurance relationship shall not be suspended.

职工再次发生工伤，根据规定应当享受伤残津贴的，按照新认定的伤残等级享受伤残津贴待遇。

Where an employee suffers a recurrent work injury and is entitled to a disability allowance according to regulations, the employee shall receive the disability allowance based on the newly assessed disability grade.

经办机构具体承办工伤保险事务，履行下列职责：

The handling agency shall specifically undertake work-related injury insurance affairs and perform the following duties:

(一)根据省、自治区、直辖市人民政府规定，征收工伤保险费；

(1) Collect work-related injury insurance premiums in accordance with the provisions of the people's government of the province, autonomous region, or municipality directly under the Central Government;

(二)核查用人单位的工资总额和职工人数，办理工伤保险登记，并负责保存用人单位缴费和职工享受工伤保险待遇情况的记录；

(2) Verify the total payroll and number of employees of the employing unit, handle work-related injury insurance registration, and be responsible for maintaining records of the employing unit's premium payments and employees' receipt of work-related injury insurance benefits;

(三)进行工伤保险的调查、统计；

(3) Conduct investigations and statistics on work-related injuries;

(四)按照规定管理工伤保险基金的支出；

(4) Manage the expenditure of the work-related injury insurance fund in accordance with regulations;

(五)按照规定核定工伤保险待遇；

(5) Determine work-related injury insurance benefits in accordance with regulations;

(六)为工伤职工或者其近亲属免费提供咨询服务。

(6) Provide free consulting services to injured workers or their close relatives.

经办机构与医疗机构、辅助器具配置机构在平等协商的基础上签订服务协议，并公布签订服务协议的医疗机构、辅助器具配置机构的名单。具体办法由国务院社会保险行政部门分别会同国务院卫生行政部门、民政部门等部门制定。

The handling agency shall sign service agreements with medical institutions and assistive device configuration institutions on the basis of equal negotiation, and publish the list of medical institutions and assistive device configuration institutions that have signed service agreements. Specific measures shall be formulated by the social insurance administrative department of the State Council jointly with the health administrative department and the civil affairs department of the State Council, respectively.

经办机构按照协议和国家有关目录、标准对工伤职工医疗费用、康复费用、辅助器具费用的使用情况进行核查，并按时足额结算费用。

The handling agency shall, in accordance with the agreement and the relevant national catalogues and standards, verify the use of medical expenses, rehabilitation expenses, and assistive device expenses for injured workers, and settle the expenses in full and on time.

经办机构应当定期公布工伤保险基金的收支情况，及时向社会保险行政部门提出调整费率的建议。

The handling agency shall regularly publish the revenue and expenditure of the work-related injury insurance fund, and promptly submit suggestions on adjusting the contribution rate to the social insurance administrative department.

社会保险行政部门、经办机构应当定期听取工伤职工、医疗机构、辅助器具配置机构以及社会各界对改进工伤保险工作的意见。

The social insurance administrative department and the handling agency shall regularly listen to opinions from injured workers, medical institutions, assistive device configuration institutions, and all sectors of society on improving the work of work-related injury insurance.

社会保险行政部门依法对工伤保险费的征缴和工伤保险基金的支付情况进行监督检查。

The social insurance administrative department shall, in accordance with the law, supervise and inspect the collection of work-related injury insurance premiums and the payment of the work-related injury insurance fund.

财政部门和审计机关依法对工伤保险基金的收支、管理情况进行监督。

The financial department and audit authority shall, in accordance with the law, supervise the revenue, expenditure, and management of the work-related injury insurance fund.

任何组织和个人对有关工伤保险的违法行为，有权举报。社会保险行政部门对举报应当及时调查，按照规定处理，并为举报人保密。

Any organization or individual has the right to report violations of the law concerning work-related injury insurance. The social insurance administrative department shall promptly investigate the report, handle it in accordance with regulations, and keep the reporter confidential.

工会组织依法维护工伤职工的合法权益，对用人单位的工伤保险工作实行监督。

Trade unions shall, in accordance with the law, safeguard the legitimate rights and interests of workers injured at work, and supervise the work-related injury insurance work of the employer.

职工与用人单位发生工伤待遇方面的争议，按照处理劳动争议的有关规定处理。

Disputes between workers and employers concerning work-related injury benefits shall be handled in accordance with the relevant provisions on handling labor disputes.

有下列情形之一的，有关单位或者个人可以依法申请行政复议，也可以依法向人民法院提起行政诉讼：

Under any of the following circumstances, the relevant entity or individual may apply for administrative reconsideration in accordance with the law, or may initiate an administrative lawsuit in a People's Court in accordance with the law:

(一)申请工伤认定的职工或者其近亲属、该职工所在单位对工伤认定申请不予受理的决定不服的；

(1) The worker applying for work-related injury identification, or his close relative, or the employer of the worker, disagrees with the decision not to accept the application for work-related injury identification;

(二)申请工伤认定的职工或者其近亲属、该职工所在单位对工伤认定结论不服的；

(2) The worker applying for work-related injury identification, or his close relative, or the employer of the worker, disagrees with the conclusion of the work-related injury identification;

(三)用人单位对经办机构确定的单位缴费费率不服的；

(3) The employer disagrees with the contribution rate determined by the handling agency for the employer;

(四)签订服务协议的医疗机构、辅助器具配置机构认为经办机构未履行有关协议或者规定的；

(4) The medical institution or assistive device configuration institution that has signed a service agreement believes that the handling agency has failed to perform the relevant agreement or provisions;

(五)工伤职工或者其近亲属对经办机构核定的工伤保险待遇有异议的。

(5) The worker injured at work or his close relative disagrees with the work-related injury insurance benefits verified by the handling agency.

单位或者个人违反本条例第十二条规定挪用工伤保险基金，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，依法给予处分或者纪律处分。被挪用的基金由社会保险行政部门追回，并入工伤保险基金；没收的违法所得依法上缴国库。

If an entity or individual misappropriates the work-related injury insurance fund in violation of Article 12 of these Regulations, and the act constitutes a crime, criminal liability shall be pursued in accordance with the law; if it does not constitute a crime, sanctions or disciplinary actions shall be imposed in accordance with the law. The misappropriated fund shall be recovered by the social insurance administrative department and incorporated into the work-related injury insurance fund; the illegal gains confiscated shall be turned over to the State Treasury in accordance with the law.

社会保险行政部门工作人员有下列情形之一的，依法给予处分；情节严重，构成犯罪的，依法追究刑事责任：

Where any staff member of the social insurance administrative department falls under any of the following circumstances, disciplinary action shall be imposed according to law; if the circumstances are serious and constitute a crime, criminal liability shall be pursued according to law:

(一)无正当理由不受理工伤认定申请，或者弄虚作假将不符合工伤条件的人员认定为工伤职工的；

(1) Without justifiable reasons, refusing to accept an application for work-related injury identification, or falsifying to identify a person who does not meet the conditions for work-related injury as a work-related injury employee;

(二)未妥善保管申请工伤认定的证据材料，致使有关证据灭失的；

(2) Failing to properly preserve the evidence materials for the application for work-related injury identification, resulting in the loss of relevant evidence;

(三)收受当事人财物的。

(3) Accepting property from the parties involved.

经办机构有下列行为之一的，由社会保险行政部门责令改正，对直接负责的主管人员和其他责任人员依法给予纪律处分；情节严重，构成犯罪的，依法追究刑事责任；造成当事人经济损失的，由经办机构依法承担赔偿责任：

Where an agency commits any of the following acts, the social insurance administrative department shall order it to make corrections, and impose disciplinary sanctions according to law on the directly responsible person in charge and other responsible persons; if the circumstances are serious and constitute a crime, criminal liability shall be pursued according to law; if economic losses are caused to the parties, the agency shall bear compensation liability according to law:

(一)未按规定保存用人单位缴费和职工享受工伤保险待遇情况记录的；

(1) Failing to preserve records of the employer's payment of premiums and the employee's enjoyment of work-related injury insurance benefits as required;

(二)不按规定核定工伤保险待遇的；

(2) Failing to verify work-related injury insurance benefits as required;

(三)收受当事人财物的。

(3) Accepting property from the parties involved.

医疗机构、辅助器具配置机构不按服务协议提供服务的，经办机构可以解除服务协议。

Where a medical institution or assistive device configuration institution fails to provide services in accordance with the service agreement, the agency may terminate the service agreement.

经办机构不按时足额结算费用的，由社会保险行政部门责令改正；医疗机构、辅助器具配置机构可以解除服务协议。

Where the agency fails to settle fees in full and on time, the social insurance administrative department shall order it to make corrections; the medical institution or assistive device configuration institution may terminate the service agreement.

用人单位、工伤职工或者其近亲属骗取工伤保险待遇，医疗机构、辅助器具配置机构骗取工伤保险基金支出的，由社会保险行政部门责令退还，处骗取金额2倍以上5倍以下的罚款；情节严重，构成犯罪的，依法追究刑事责任。

If an employer, an injured employee or his close relative fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device fitting institution fraudulently expends work-related injury insurance funds, the social insurance administrative department shall order the return of the funds and impose a fine of not less than 2 times but not more than 5 times the amount fraudulently obtained; if the circumstances are serious and constitute a crime, criminal liability shall be pursued according to law.

从事劳动能力鉴定的组织或者个人有下列情形之一的，由社会保险行政部门责令改正，处2000元以上1万元以下的罚款；情节严重，构成犯罪的，依法追究刑事责任：

If an organization or individual engaged in work capacity assessment has any of the following circumstances, the social insurance administrative department shall order correction and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan; if the circumstances are serious and constitute a crime, criminal liability shall be pursued according to law:

(一)提供虚假鉴定意见的；

(1) Providing false assessment opinions;

(二)提供虚假诊断证明的；

(2) Providing false diagnostic certificates;

(三)收受当事人财物的。

(3) Accepting property from the parties involved.

用人单位依照本条例规定应当参加工伤保险而未参加的，由社会保险行政部门责令限期参加，补缴应当缴纳的工伤保险费，并自欠缴之日起，按日加收万分之五的滞纳金；逾期仍不缴纳的，处欠缴数额1倍以上3倍以下的罚款。

If an employer that should participate in work-related injury insurance according to these Regulations fails to do so, the social insurance administrative department shall order it to participate within a specified period, pay the overdue work-related injury insurance premiums, and charge a late payment fee of 0.05% per day from the date the payment became overdue; if it still fails to pay after the deadline, a fine of not less than 1 time but not more than 3 times the overdue amount shall be imposed.

依照本条例规定应当参加工伤保险而未参加工伤保险的用人单位职工发生工伤的，由该用人单位按照本条例规定的工伤保险待遇项目和标准支付费用。

If an employee of an employer that should have participated in work-related injury insurance according to these Regulations but did not suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits items and standards specified in these Regulations.

用人单位参加工伤保险并补缴应当缴纳的工伤保险费、滞纳金后，由工伤保险基金和用人单位依照本条例的规定支付新发生的费用。

After the employer participates in work-related injury insurance and pays the overdue work-related injury insurance premiums and late payment fees, the newly incurred expenses shall be paid by the work-related injury insurance fund and the employer in accordance with these Regulations.

用人单位违反本条例第十九条的规定，拒不协助社会保险行政部门对事故进行调查核实的，由社会保险行政部门责令改正，处2000元以上2万元以下的罚款。

If an employer violates the provisions of Article 19 of these Regulations and refuses to assist the social insurance administrative department in investigating and verifying an accident, the social insurance administrative department shall order correction and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

本条例所称工资总额，是指用人单位直接支付给本单位全部职工的劳动报酬总额。

The term 'total wage bill' as used in these Regulations refers to the total amount of labor remuneration directly paid by the employer to all its employees.

本条例所称本人工资，是指工伤职工因工作遭受事故伤害或者患职业病前12个月平均月缴费工资。本人工资高于统筹地区职工平均工资300%的，按照统筹地区职工平均工资的300%计算；本人工资低于统筹地区职工平均工资60%的，按照统筹地区职工平均工资的60%计算。

The term 'personal wage' as used in these Regulations refers to the average monthly contribution wage of the employee for the 12 months prior to the work-related accident or diagnosis of occupational disease. If the personal wage exceeds 300% of the average wage of employees in the overall planning region, it shall be calculated as 300% of the average wage; if the personal wage is lower than 60% of the average wage of employees in the overall planning region, it shall be calculated as 60% of the average wage.

公务员和参照公务员法管理的事业单位、社会团体的工作人员因工作遭受事故伤害或者患职业病的，由所在单位支付费用。具体办法由国务院社会保险行政部门会同国务院财政部门规定。

If an employee of a civil servant or an institution or social organization managed in accordance with the Civil Servant Law suffers a work-related accident or contracts an occupational disease, the expenses shall be paid by the employing unit. Specific measures shall be formulated by the social insurance administrative department of the State Council jointly with the financial department of the State Council.

无营业执照或者未经依法登记、备案的单位以及被依法吊销营业执照或者撤销登记、备案的单位的职工受到事故伤害或者患职业病的，由该单位向伤残职工或者死亡职工的近亲属给予一次性赔偿，赔偿标准不得低于本条例规定的工伤保险待遇；用人单位不得使用童工，用人单位使用童工造成童工伤残、死亡的，由该单位向童工或者童工的近亲属给予一次性赔偿，赔偿标准不得低于本条例规定的工伤保险待遇。具体办法由国务院社会保险行政部门规定。

If an employee of a unit without a business license or without lawful registration or filing, or a unit whose business license has been revoked or whose registration or filing has been cancelled, suffers a work-related accident or contracts an occupational disease, the unit shall provide a one-time compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the work-related injury insurance benefits provided in these Regulations. Employers shall not employ child laborers. If an employer employs a child laborer and causes the child laborer to be disabled or die, the unit shall provide a one-time compensation to the child laborer or the close relatives of the child laborer, and the compensation standard shall not be lower than the work-related injury insurance benefits provided in these Regulations. Specific measures shall be formulated by the social insurance administrative department of the State Council.

前款规定的伤残职工或者死亡职工的近亲属就赔偿数额与单位发生争议的，以及前款规定的童工或者童工的近亲属就赔偿数额与单位发生争议的，按照处理劳动争议的有关规定处理。

If a dispute arises between the disabled employee or the close relatives of the deceased employee as mentioned in the preceding paragraph and the unit regarding the amount of compensation, or if a dispute arises between the child laborer or the close relatives of the child laborer as mentioned in the preceding paragraph and the unit regarding the amount of compensation, it shall be handled in accordance with the relevant provisions on labor dispute resolution.

本条例自2004年1月1日起施行。本条例施行前已受到事故伤害或者患职业病的职工尚未完成工伤认定的，按照本条例的规定执行。

These Regulations shall take effect as of January 1, 2004. For employees who suffered work-related accidents or contracted occupational diseases before the effective date of these Regulations and whose work-related injury identification has not yet been completed, the provisions of these Regulations shall apply.