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[法律資料]工傷保險條例英文(文件)

2025-09-04 02:43 上一頁面

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【正文】 y handled and coordinated at provincial level.An interregion industryindividual may use the workrelated injury insurance funds for investment and operation, constructiondivert such funds to other uses.Article 13 A certain ratio of workrelated injury insurance funds shall be maintained as reserves for payment of workrelated injury insurance benefits in the event of major accidents in the pooling region. In case of a shortage of reserves, the people39。municipalities directly under the central government.PART THREE DETERMINATION OF WORKRELATED INJURYArticle 14 An Employee shall be determined as having a workrelated injury if:1. he is injured in an accident at work during working hours in the workplace;2. he is injured in an accident while engaging in preparatoryafter working hours in the workplace;3. he is injured by violencehis whereabouts became unknown in an accident, during workrelated travel;6. he is injured in a motor vehicle accident while going towithin 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace;2. he is injured in an act to protect national interestson duty while in military service and has obtained a revolutionary injured and disabled soldier certificate, and suffers from a relapse of the old injury while being employed by the Employer.Where an Employee is in the circumstance of Item (1)deemed as having workrelated injury if:1. he is injuredviolation of public security administration;2. he is injuredmits suicide.Article 17 If an Employee is injured in an accidentcertified as having occupational disease pursuant to the provisions of the Prevention and Treatment of Occupational Diseases Law, his work unit shall file an application for determination of workrelated injury to the administrative department of labor security of the relevant pooling region within 30 days of the date of occurrence of the accidental injurycertification of the occupational disease. In special circumstances, the time limit for application may, subject to the consent of the administrative department of labor security, be extended as appropriate.If the Employer fails to file an application for determination of workrelated injury pursuant to the preceding paragraph, the Employee with workrelated injury, his directlyrelated family membersmay directly file an application for determination of workrelated injury to the administrative department of labor security of the pooling region in which the Employer is located within one year of the date of occurrence of the accidental injurycertification of the occupational disease.Matters concerning the determination of workrelated injury that is required under the first paragraph of this Article to be conducted by the administrative department of labor security at the provincial level shall be handled by the administrative department of labor security of a municipality having districts in which the Employer is located according to the principle of jurisdiction.If the Employer fails to file an application for determination of workrelated injury within the time limit prescribed in the first paragraph of this Article, the relevant expenses such as the workrelated injury benefits that ply with the provisions hereof arising during this period shall be borne by the Employer.Article 18 When filing an application for determination of workrelated injury, the following materials shall be submitted:1. an application for determination of workrelated injury;2. the evidential materials of labor relationship with the Employer (including de facto labor relationship); and3. a certificate of medical diagnosisororororororororororors wages for 23 months; and for class four disability, the Employee39。s wage; and for class four disability, 75% of the Employee39。s wages for 18 months; and for class six disability, the Employee39。ors wages for 11 months; for class nine disability, the Employee39。upon dissolution of the labor contract at the request of the Employee, the Employer shall pay the workrelated injury medical allowance and disability employment allowance in a lump sum. The specific standards shall be stipulated by the people39。s death, was dependent on the Employee for primary source of ine and that has no work capability. The standards are: 40% per month for the spouse, 30% per person per month for other family members, with an additional 10% on the basis of the aforementioned standards per person per month in the case of an elderly living alones whereabouts became unknown in an accidentdisaster relief, payment of his wage 。in emergency rescuean orphan. The sum of the bereavement payments to all dependent family members so determined shall not be higher than the wage of the Employee before his workrelated death. The specific scope of dependent family members shall be specified by the administrative department of labor security of the State Council; and3. the standard for the lump sum workrelated death allowance shall be 20 times of urban residents’ per capita disposable ine in the preceding year. If a disabled Employee dies as a result of the workrelated injury during the suspensionofworkwithpay period, the directlyrelated family members of the Employee shall be entitled to the benefits specified in the first paragraph of this Article.If an Employee with class one to class four disability dies after the suspensionofworkwithpay period, the directlyrelated family members of the Employee shall be entitled to the benefits specified in Items (1) and (2) of the first paragraph of this Article.Article 40 Disability subsidies, bereavement payments for dependent family members and living care fees shall be adjusted from time to time by the administrative department of labor security of the pooling region in light of changes in the average wage of Employees and the living expenses. Methods for such adjustment shall be stipulated by the people39。
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