Measures of Tianjin Economic-Technological Development Area on Industrial Injury Insurance

(Adopted at the meeting of the Administrative Commission of Tianjin Economic Technological Development Area on October 30, 1996; amended at the 24th meeting of chairmen of the Administrative Commission of Tianjin Economic Technological Development Area on December 19, 2001)

Article 1 ¡¾legal basis¡¿With a view to safeguarding the rights to have medical treatment, economic compensations and occupational rehabilitation after staff and workers in Tianjin Economic Technological Area (hereinafter referred to as " TEDA" ) have had accidental injuries while working or contracted occupational diseases, spreading the risks of industrial injuries and promoting the prevention of industrial injuries, these Measures are formulated in accordance with the Provisions of Tianjin Economic Technological Development Area on Labor Administration and other laws and regulations.

Article 2 ¡¾purpose¡¿ Industrial injury insurance should be combined with accident prevention and the prevention and control of occupational diseases. Employing units as well as staff and workers shall act pursuant to the principle of " safety first and prevention as the main", comply with the rules and systems of labor safety and health, strictly implement State rules and standards of labor safety and health in order to prevent accidents in the course of work and reduce occupational harm.

Article 3 ¡¾industrial injury scope¡¿ The staff and workers who are injured, disabled or die from one of the following circumstances should be determined as a case of industrial injury:

(1) those who conduct daily production or work of the employing units, or work as their responsible persons assign temperately, or who are engaged in work of great interest directly to the employing units under emergent conditions but without assignment by their responsible persons;

(2) those who are engaged in scientific research, invention and development or technical improvement related with their employing units and as arranged or agreed by the responsible persons of their employing units;

(3) those who suffer occupational diseases as a result of contacting occupational hazardous agents in the working environment of the employing units;
(4) during the working time and in the working area of their employing units,, those who are accidentally injured (including acute poisoning) as a result of unsafe equipment or installations, inferior working conditions and environment or inappropriate management, or who die of a sudden attack of diseases caused by intense work or lose completely labor ability after the first emergency treatment;
(5) those who suffer personal injuries as a result of performing their duties;
(6) those who are engaged in activities to safeguard the State, social and public interests such as rushing to deal with an emergency and giving rescue when disasters occur or to rescue people;
(7) demobilized military servicemen who were disabled when on duty or in military operation and whose old wounds or injuries relapses after they are transferred to work in the employing units;
(8) those who are out on non-private business and are injured, while for the purpose of work, in a traffic accident or other accidents, or missing, die of a sudden attack of diseases, or lose completely labor ability after the first emergency treatment;
(9) those who have road traffic, motor vehicle accidents for which they have no responsibilities or no major responsibilities during the prescribed time for going to or returning from work and on the routes necessary;
(10) other circumstances as prescribed by laws and regulations.

Article 4 ¡¾industrial injury exclusion¡¿ The staff and workers who are injured, disabled or die from one of the following circumstances shall not be classified as a case of industrial injury:

(1) committing crimes or violating laws;
(2) committing suicide or self-injury;
(3) affrays;
(4) indulging in excessive alcohol drinking;
(5) other circumstances as provided for by laws and regulations.

Article 5 ¡¾report of industrial injuries¡¿ After occurrence of an accident that causes injuries to staff and workers or after an occupational disease is diagnosed, the employing unit shall, within 24 hours, report the injury and treatment situations of the staff and workers to the labor administrative department in TEDA, and at the same time file the case with TEDA Agency of Social Insurance for record. In case of accidents causing grievous bodily injury, death or heavy loss of lives to staff and workers, the employing unit shall, in accordance with the procedures for the report of injuries and deaths occurring to staff and workers, report the case to the labor administrative department in TEDA and other relevant departments within 24 hours.

The employing unit shall, within 15 days as of the date of occurrence of an industrial injury or confirmation of the diagnosis of occupational diseases, apply to the labor administrative department in TEDA for homologation of the industrial injury, for the purpose of which the following materials shall be submitted:

(1) Report Form of Industrial Injuries Sustained by Staff and Workers of Tianjin Economic Technological Development Area;
(2) written diagnosis of the industrial injury in the first treatment or the diagnostic certification of the occupational disease produced by the designated medical institutions ;
(3) the identification documents of the staff member or worker sustained the industrial injury;
(4) certificate of the labor relationships between the staff and workers sustained the industrial injury and the employing unit;
(5) other relevant certifying materials:

i. in the case that accidents causing injuries or deaths to staff and workers are subject to statistics, the official reply for closing the case shall be submitted to the labor administrative department;
ii. in the event of a road traffic accident, the Notice of Finding of Liabilities in a Road Traffic Accident shall be submitted;
iii. in the case that the disease occurs as a result of intense work, the materials certifying the work tension issued by the employing unit shall be submitted;
iv. in the case that staff and workers are engaged in activities to safeguard the State, social and public interests such as rushing to deal with an emergency and giving rescue when disasters occur or to rescue people or suffer personal injuries as a result of performing their duties certificates by the competent government department or the employing unit shall be submitted;
v. in the case that the demobilized military servicemen who were disabled when on duty or in military operation and whose old wounds or injuries relapses after they are transferred to work in the employing units, the Certificate of the Wounded and Disabled Revolutionary Serviceman as well as the diagnostic certificates of relapse of the old wounds or injuries produced by the medical institutions shall be submitted;
vi. in the case that staff and workers disappear while on non-private business trip and for the purpose of work, the document of declaration of death issued by the People's Court shall be submitted;
vii. in the case that the sudden attack of a disease results in the total loss of working capability after the first-time emergency treatment, the appraisal of working capability shall be carried out and the conclusion thereof shall be submitted.

In case that the employing unit fails to apply for the finding of an industrial injury as provided for by the provisions, the staff and workers suffering from an industrial injury or their statutory or authorized agent may directly apply to the Labor Administrative Department in TEDA for such finding, and the trade union at the grass root level may, as well, submit applications on behalf of the staff and workers. When applying, the documents as stated above shall also be submitted; documents kept by or to be produced by the employing unit may, upon approval by the Labor Administrative Department in TEDA, be free from submission.

In case that the employing unit is unable to apply for the finding of an industrial injury within 15 days because the relevant documents of certification to be issued by the governmental departments or the People's Court have not been completed, the time limit for application may be extended by 15 days as of such documents has been issued.

In case that application is not filed by the employing unit, the time limit for application shall, on the basis of that for the employing unit, be extended by another 15 days.

In case that the employing unit, the staff and workers, their statutory or authorized agent or the trade union at the grass root level in the employing unit all fail to report to the Labor Administrative Department in TEDA the situations of the industrial injury within 6 months from the day the staff and workers are injured or the occupational disease is diagnosed, the Labor Administrative Department in TEDA shall no longer accept such an application.

Article 6 ¡¾homologation of industrial injuries¡¿ After receiving the application for homologating an industrial injury, the Labor Administrative Department in TEDA should accept it if it considers the documents of application complete, truthful, dependable and the application within the prescribed time limit. If it considers the documents incomplete, it shall issue a written notice of temporary dismissal and at the same time, demand complementation of documents to be submitted from the applying party, and upon completion of the documents, accept the application.

The Labor Administrative Department in TEDA shall, within 7 working days from the date of accepting the application, make a decision whether or not to hold as an industrial injury. Under special conditions, the time limit may be extended but the maximum shall not be more than 30 working days. If an investigation is necessary for confirmation, the Labor Administrative Department in TEDA shall do such in no time; if necessary, it may organize TEDA Agency of Social Insurance and other departments concerned in TEDA to jointly carry out the investigation. It shall make a decision whether or not to hold as an industrial injury within 7 working days after the investigation is completed.

The conclusion for homologating an industrial injury shall be made in written form and of which the employing unit as well as the staff and workers suffering from the industrial injury or their relatives should be informed.

When the Labor Administrative Department in TEDA carries out the investigation, the employing unit, the staff and workers suffering from the industrial injury, their relatives and the parties involved should assist it and report the particulars truthfully.

Article 7 ¡¾premiums computation and collection ¡¿ Employing units shall, at a rate equal to the personal average monthly pay of the individual staff and workers in the previous year, pay industrial injury insurance premiums on schedule and in full.

If the average monthly pay of the individual staff and workers in the previous year is lower than the minimum wages standards of Tianjin Municipality, the latter shall be counted as the basis to calculate the premiums. If the average monthly pay of individual staff and workers in the previous year exceeds 150% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year, the exceeding part above the 150% shall neither be included in the basis to calculate the industrial injury premiums, nor as the basis to calculate and give the industrial injury insurance benefits.

Article 8 ¡¾rate differentials of premiums¡¿ Industrial injury premiums shall, in light of the risks of casualty accidents and the extent of occupational hazard in different trades, be collected at the differential rates thereof:

(1) the Party's organs, the State administrative organs and other public organizations that are managed in reference to the State civil servants system shall pay premiums at a rate of 0.05% of the average monthly pay of staff and workers in the previous year;
(2) institutions and the employing units that engage in services of commerce, restaurants, tourism, culture and education, hygiene, finance, post and telecommunications and environmental sanitation as well as units specialized in gardening, planting and breeding shall pay premiums by 0.3% of the average monthly pay of staff and workers in the previous year;
(3) production units that engage in the light industries of electronics, textile, food, drinks, sugar, tobacco, liquor, freezing, tap water, medicine, grain, printing and leather shall pay premiums by 0.6% of the average monthly pay of staff and workers in the previous year;
(4) other employing units than those stipulated by Items (1) to (3) of this Article shall pay premiums by 0.9% of the average monthly pay of staff and workers in the previous year.
When it is necessary to be adjusted, the rate differentials of the industrial injury insurance premiums shall be put forward by the Labor Administrative Department in TEDA and approved and promulgated by the Administrative Commission of TEDA.

Article 9 ¡¾floating premium rate¡¿ Employing units shall, in light of the status of occupational safety and sanitation and the expenditure on the industrial injury premiums thereof in the previous year, carry out a floating premium rate, which is to float up, keep unchanged or decline, on the basis of the premium rate in the previous year.

The Labor Administrative Department and TEDA Agency of Social Insurance shall, at the beginning of each year, carry out comprehensive assessment of the status of occupational safety and health and the situation of the expenditure on the industrial injury premiums of the employing unit in the previous year. The Labor Administrative Department in TEDA shall, in accordance with the result of the assessment, make a decision to adjust the premium rate, which shall be informed of to the employing unit that needs to adjust its premium rate by TEDA Agency of Social Insurance and be carried out from the first month of the year the employing unit pays industrial injury premiums.

(1) the premium rate shall flow up correspondingly if one of the following circumstances exists in the employing unit in the previous year:

i. in case that staff and workers have grave death accidents, 0.3 percentage point shall be raised upon each accident;
ii. in case that staff and workers have death accidents, 0.3 percentage point shall be raised upon every two accidents;
iii. in case that staff and workers have severe injury accidents, 0.3 percentage point shall be raised upon every four accidents;
iv. in case that the yearly industrial injury insurance expenditure accounts for more than 80% of the total premiums collection (80% excluded), 0.3 percentage point shall be raised; if more than 200% (200% excluded), 0.6 percentage point shall be raised.

(2) the premium rate shall flow down correspondingly if one of the following circumstances exists in the employing unit in the previous year:

i. for the yearly industrial injury insurance expenditure accounting for less than 20% of the total premium collection (20% excluded), there shall be a decrease of 0.3 percentage point;
ii. for an increase of premium rate because of the occurrence of accidents of severe injury, death or grave death of staff and workers, there shall be a decrease on the basis of the total amount increased;
iii. for the employing unit which has set up a management system of occupational safety and health that has been certified by the State, there shall be a decrease of 0.3 percentage point in the next year after the certification.

(3) for the employing unit where the circumstances of increase and decrease exist in the same year, the premium shall be collected at the rate after the setoff of the increase and decrease.
(4) the industrial injury premium rate can continue to increase or decrease. However, after the increase, the premium rate shall not exceed 3.0 percentage point; and after the decrease, it may not be lower than 0.3 percentage point.
(5) in case that the standard premium rate for the trade which the employing unit belongs to is 0.05 percentage point, the premium rate shall not decrease.

Article 10 ¡¾period of payment¡¿ The period for the Industrial Injury Insurance Fund to pay the industrial injury benefits shall be from the date the employing unit starts to pay industrial injury premiums to the date of the last payment of premiums for its staff and workers who have industrial injuries during the period of existence of the labor relationships.

In case that staff and workers newly employed by the employing unit which has participated in industrial injury insurance in TEDA suffer from industrial injuries before the industrial injury premiums for the first working month have been actually paid in accordance with the stipulations, the employing unit shall submit the labor contracts authenticated by or Letter of Introduction of Personal Affiliation of Tianjin Economic Technological Area produced by the Labor Administrative Department in TEDA before the date the industrial injury occurs and the Industrial Injury Insurance Fund may, upon examination and approval, cover various items of beneficial treatment.

Article 11 ¡¾items of payment¡¿ The Industrial Injury Insurance Fund shall cover the following items:

(1) the beneficial treatment to be covered under overall-planned items includes:
i. medical expenses including the registration fee, the medical treatment expenses, the medicine expenses and the hospitalization expenses incurred by staff and workers who have industrial injuries;

ii. allowances for the period of treatment of industrial injuries;
iii. one lump-sum disability subsidy;
iv. injury and disability pensions for staff and workers with Grade I-IV disability;
v. tending expenses for the disabled staff and workers who have been determined as of the tending grade;
vi. funeral subsidies;
vii. one lump-sum industrial death subsidies;
viii. pensions for the dependent relatives;
ix. old-age pensions for the disabled staff and workers with Grade I-IV disability after retirement;
x. expenses for the auxiliary apparatus for the disabled.

(2) medical treatment and the childbirth and medical treatment of their junior children of the staff and workers with Grade I-IV disability;
(3) expenses for accident prevention and for preaching and reward of production safety;
(4) costs on appraisal of labor capability.

Article 12 ¡¾benefits of the medical treatment of industrial injuries¡¿ After being injured or contracting an occupational disease, the staff and workers shall be immediately sent to the medical institution designated by the Labor Administrative Department in TEDA for treatment. Under emergency, they may be sent to the nearest hospital or medical institution for treatment and be timely transferred to the designated medical institution for further treatment when out of danger.

The registration fee and expenses on hospitalization, medical treatment and medicine for curing industrial injuries of their staff and workers shall be advanced by the employing unit temporarily, which shall, after the treatment, be settled with TEDA Agency of Social Insurance to reimburse the medical expenses as prescribed.

The transport expenses of the first-time medical treatment, and hospital transfer (leaving hospital) and the transport expenses required during the period of outpatient treatment shall be borne by the employing unit. And the standard and method of payment of transport expenses during the period of outpatient treatment shall be determined by the employing unit in accordance with the practical requirements.

The board subsidy for the period of hospitalization shall be granted by the employing unit in accordance with the standard of the board subsidy (for the general regions) to be given to the functionaries of the State administrative organs when they are away on official business as provided for by the finance department of this Municipality.

In case that the staff and workers who have industrial injuries need living tending by reason of the status of the injury during the period of hospitalization, the employing unit shall arrange for that or pay for the expenses of living tending, which shall be not less than the minimum wages standard in Tianjin Municipality.

In case that the staff and workers suffering from the industrial injury must be transferred to another place for treatment, the original medical institution shall put forward a proposal, which shall be approved by the TEDA Agency of Social Insurance. In such case, the transport, board and lodging expenses shall be borne by the employing unit.

In case that the staff and workers are treated for a disease that does not fall into the scope of industrial injuries, the medical expenses shall be handled in accordance with the Measures of Tianjin Economic Technological Area for Medical Insurance.

Article 13 ¡¾medical treatment period of industrial injuries¡¿ During the period when the staff and workers who are injured on duty or contracting an occupational disease cease working to acquire treatment, they shall be entitled to the benefits of the treatment for the medical treatment period of industrial injuries.

The standards for determining the medical treatment period of industrial injuries for the staff and workers in TEDA shall be formulated and promulgated by the Labor Administrative Department in TEDA.

After staff and workers are injured on the job or contract an occupational disease, the medical treatment period of the industrial injury shall be determined in accordance with the articles in the standard of the medical treatment period of industrial injuries promulgated by TEDA to which the status of the injury or disease corresponds. If the injury status or the symptom of the occupational disease is so serious that the staff and workers still have to cease working to acquire treatment after expiration of the medical treatment period of industrial injuries, the period then, can, upon approval by the labor appraisal committee in TEDA, be extended but the maximum shall not exceed 36 months.

In case that further treatment of the industrial injury needs to be conducted after expiration of the medical treatment period of industrial injuries, the staff and workers shall continue to enjoy the benefits of the treatment for the medical treatment period of industrial injuries.

Article 14 ¡¾allowances for the medical treatment period of industrial injuries ¡¿ During the prescribed medical treatment period of industrial injuries which shall be at least one month long, the employing unit shall stop payment of their wages; and instead, the staff and workers who have the industrial injuries shall be given the allowances for such period by TEDA Agency of Social Insurance. The employing unit and the staff and workers who have the industrial injuries shall, in accordance with the standards of allowances for the medical treatment period, continue to pay all the social insurance premiums. If the medical treatment period is less than a month, the employing unit shall pay their wages at a rate which shall not be less than those in the previous month when staff and workers are injured or their occupational diseases are diagnosed.

The payment of allowances for the medical treatment period shall be advanced by the employing unit in accordance with the monthly pay on which the premiums when the staff and workers are injured or the occupational diseases are diagnosed are paid. TEDA Agency of Social Insurance shall, after examination and approval of the wages bill of the staff and workers, reimburse to the employing unit.

After the medical treatment period or during the medical treatment period, the industrial injuries are cured or the injury status is relatively stable in which case the staff and workers resume their work, the TEDA Agency of Social Insurance shall cease to pay the allowances for the medical treatment period, and in the mean time, the employing unit shall restore payment of their wages or they shall be entitled to the disability pensions. In case that the medical treatment period extends to more than 36 months upon approval, TEDA Agency of Social Insurance shall no longer grant allowances for the period exceeding 36 months.

Article 15 ¡¾labor appraisal¡¿ In case that the industrial injuries which the staff and workers had are cured or their condition becomes relatively stable during the medical treatment period, it is necessary to grade their disability or after the expiration of the medical treatment period, the staff and workers are incapable of working and it is necessary to extend the medical treatment period, their labor capacity appraisal shall be carried out and their disability conditions shall be reexamined periodically as required.

The Labor Appraisal Committee of TEDA shall, in accordance with the State standard GB/T16180 ¨C 1996 for Appraisal of the Degree of Disability Resulting from Industrial Injuries and Occupational Diseases of Staff and Workers (hereinafter referred to as " Appraisal Standard") stipulated by the State, carry out an appraisal of grading the extent of loss of labor capability and the extent of tending dependence after staff and workers become disabled because of industrial injuries or occupational diseases. The difficult or disputed cases may be entrusted with the higher labor appraisal organization for appraisal as provided by the provisions on labor appraisal.

Article 16 ¡¾tending dependence¡¿ In case that staff and workers with industrial injuries are graded as of the disability category required to be tended through labor appraisal, the TEDA Agency of Social Insurance shall grant the monthly tending allowances. When appraising the grade of tending, staff and workers with industrial injuries shall be graded as total, major or partial tending dependence in light of the five conditions of eating, body-turning, defecating and urinating, clothes-wearing and self-movement.

Tending grades shall be determined or confirmed by the Labor Appraisal Committee of TEDA.

The standard of the monthly tending allowances shall be 30% - 50% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year. In such cases, the standard for total tending dependence shall be 50%; for major tending dependence, 40% and partial tending dependence, 30%.

Article 17 ¡¾disability treatment¡¿ After becoming disabled as a result of injuries on the job or occupational diseases, staff and workers are entitled to the following disability treatment:

(1) in case that the disability of staff and workers resulting from injuries on the job is appraised as of Grades I-X, TEDA Agency of Social Insurance shall pay them one lump-sum disability subsidy, the standard of which shall be an amount equal to 6 to 24 months' average monthly pay of staff and workers of Tianjin Municipality in the previous year. And, Grade I of the standard shall be 24 months', and for each grade lowered, 2 months' shall be reduced.

(2) in case that the disability of staff and workers resulting from injuries on the job is appraised as of Grades I-IV, they shall quit from their production and work posts as well as terminate the labor relationships with the employing unit; TEDA Agency of Social Insurance shall pay them monthly disability pensions, of which the standard shall be equal to 75% -90% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year. In such cases, Grade I of the standard shall be 90%; Grade II, 85%; Grade III, 80% and Grade IV, 75%.

In case that staff and workers with Disability Grades I-IV whose household registers are not in Tianjin Municipality want to terminate the labor relationships and return to their original domiciles, the employing unit shall grant them one lump-sum of settlement allowance equal to 6 months' average monthly pay of staff and workers of Tianjin Municipality in the previous year. Moreover, the transport expenses, accommodation expenses, luggage-carrying charges and meal allowance incurred during the traveling shall be borne by the employing unit in accordance with those standards for staff and workers in the same unit when on a business trip. TEDA Agency of Social Insurance shall grant one lump-sum equal to disability pensions of 120 months and hereafter terminate the industrial injury insurance relationships.

(3) in case that staff and workers with Disability Grades I-IV suffer from an illness, 95% of their medical expenses shall be borne by TEDA Industrial Injury Insurance Fund; the examination and verification of the medical expenses shall be carried out in accordance with the provisions of the Measures of Tianjin Economic Technological Area on Medical Insurance. The expenses on childbirth and medical treatment of their children shall be verified in accordance with the provisions of Measures of Tianjin Economic Technological Area on Childbirth and Medical Insurance and be paid by the Industrial Injury Insurance Fund of TEDA.

In case that staff and workers with Disability Grades I-IV reach the statutory age of retirement, the monthly disability pensions to be granted shall refer to the corresponding basic old-age pension insurance to be entitled to them, the difference between the two shall be made up by the Industrial Injury Insurance Fund in accordance with the principle of "carrying out the higher rate of the two". TEDA Agency of Social Insurance shall, in the mean time, transfer the part of premiums paid by individuals in the individual account of the basic old-age pension insurance for staff and workers into the Industrial Injury Insurance Fund.

(4) in case that the disability of staff and workers resulting from injuries on the job is appraised as of Grades V-X, the employing unit shall, in principle, arrange for an appropriate job for them.

(5) in case that the disability of staff and workers resulting from injuries on the job is appraised as of Grade V and Grade VI, it is difficult for them to complete the work arranged for by the employing unit or difficult for the employing unit to arrange for an appropriate job for them, they may quit from their production and work posts and the employing unit shall accordingly pay the monthly disability pensions, which shall be taken as the basic amount for the employing unit to continue to pay their various social insurance premiums. The standard of such pensions shall, without exception, be 70% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year.

In case that staff and workers with Disability Grade V or Grade VI whose household registers are not in Tianjin Municipality want to terminate the labor relationships and return to their original domiciles, the employing unit shall grant them one lump-sum of settlement allowance equal to 6 months' average monthly pay of staff and workers of Tianjin Municipality in the previous year, and grant one lump-sum equal to disability pensions of 120 months and hereafter terminate the labor relationships.

(6) in case that the disability of staff and workers resulting from injuries on the job is appraised as of Grade V and Grade VI, the employing unit shall not rescind the labor relationships or terminate the labor contract after its expiration with the exception of their personal reasons such as seriously violating the labor disciplines or the rules and regulations of the employing unit, serious breach of duty and bringing about heavy losses to the interests of the employing unit, being investigated for criminal responsibility or rescinding the labor contracts of their own accord.

In case that the employing unit is incapable of performing the labor contracts by reason of being at the verge of bankruptcy or grave difficulty in its production and operation conditions, it shall grant one lump-sum of disability pensions of 120 months' in reference to the standard stipulated in Item (5) of this Article. If it is less than 120 months to reach their statutory age of retirement, the disability pensions shall be granted in accordance with the actually differential months.

(7) in case that the disability of staff and workers resulting from injuries on the job is appraised as of Grades VII-X, they are willing to rescind the labor contracts, which is agreed upon by the employing unit, or upon expiration of the labor contracts, the employing unit terminates the labor contracts in accordance with such prescribed procedures, the employing unit shall grant one lump-sum employment subsidy for the disabled and simultaneously the industrial injury insurance relationship shall come to an end.

The standard of one lump-sum employment subsidy for the disabled shall be equal to 5-20 months' average monthly pay of staff and workers of Tianjin Municipality in the previous year. In such cases, the standard for Grade VII shall be 20 months'; for Grade VIII, 15 months'; Grade IX, 10 months' and Grade X, 5 months'.

The grant of the lump-sum employment subsidies shall not affect the treatment of the staff and workers to be entitled to the unemployment insurance in accordance with the provisions of unemployment insurance.

Article 18 ¡¾treatment of death on the work post¡¿ In case that staff and workers die on the work post, the bereaved family may obtain the funeral subsidy that equals to 6 months' average monthly pay of staff and workers of Tianjin Municipality in the previous year and one lump-sum subsidy for death on the work post that equals to 60 months' average monthly pay of staff and workers of Tianjin Municipality in the previous year.

In case that the staff and workers whose disability of resulting from injuries on the job is appraised as of Grades I-IV die during the period they are enjoying the monthly disability pensions, their lump-sum subsidy for death on the work post shall be reduced by half.

The Labor Administrative Department in TEDA shall formulate the scope and conditions of pensions to be granted to the families supported by the staff and workers who die the work post; TEDA Agency of Social Insurance shall, in accordance with the following standards, grant the pensions to their families: their spouses shall be granted the monthly pension equal to 40% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year and other family members shall be monthly granted per person an amount equal to 30% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year. In case that the family member is a single old person or an orphan, an amount equal to 10% of the average monthly pay of staff and workers of Tianjin Municipality in the previous year shall be added on the basis of the standard as stated above per month per person. The total monthly pensions granted to the family shall not exceed the actual wages in the previous month for the staff and workers who die on work post.

Article 19 ¡¾traffic accidents¡¿ An industrial injury caused by a traffic accident shall be firstly handled in accordance with the Measures on Handling Road Traffic Accidents and other regulations. The industrial injury insurance treatment shall be carried out in accordance with the following provisions:

(1) in case that the damages for a traffic accident have covered the medical expenses, allowances for delaying work which shall equal to the allowances for the period of medical treatment of industrial injuries, board subsidies during hospitalization, tending expenses, expenses for auxiliary apparatus and funeral expenses, the employing unit or TEDA Agency of Social Insurance shall no longer pay the corresponding benefits. In case that the employing unit has advanced payments of the relevant expenses, the staff and workers or their families shall pay back them after they have acquired the compensations.

(2) In case that the death compensations or the living subsidies for the disabled paid out of the damages for a traffic accident have been taken by the staff and workers or their families, the lump-sum subsidy for death on the work post or disability subsidy out of the industrial injury insurance shall not be given again. However, if the compensations or subsidies out of the damages for the traffic accident are less than the subsidies as prescribed by the industrial injury insurance, the employing unit or TEDA Agency of Social Insurance shall make up the difference.

In case that the standard of the living expenses given to the supported family members by damages for the traffic accident, which equal to the pensions for the family members supported, is less than that of the pensions for the family members supported in industrial injury insurance, TEDA Agency of Social Insurance shall make up the difference.

(3) in case that staff and workers die from or become disabled in a traffic accident, with the exception of the relevant treatment stipulated in Item (1) and (2) of this Article, other beneficial treatment for industrial injury insurance shall be given in accordance with these Measures.

(4) in case that staff and workers are unable to acquire damages for the traffic accident for the trouble maker in the traffic accident has escaped or for some other reasons, the employing unit and TEDA Agency of Social Insurance shall, in accordance with these Measures, give them the treatment of industrial injury insurance.

(5) the employing unit should help the staff and workers claim damages against the person responsible for the traffic accident, and advance the payment of the medical expenses and subsidies for industrial injuries before the staff and workers have acquired the compensations.

Except the road traffic accidents, traffic accidents taking place in voyage, airline or railway and other accidents resulting in the death or injuries of staff and workers on the work post to which damages of civil liabilities shall be applicable shall be firstly handled in accordance with the Procedures for Damages of Civil Liabilities. If the civil damages are lower than the standards of the treatment of industrial injury insurance of TEDA stipulated by these Measures, the provisions of this Article shall be referred and applied.

Article 20 ¡¾persons moving out of the boundary¡¿ The treatment of industrial injury insurance for persons moving out of the boundary shall be carried out in accordance with the following provisions:

(1) after the persons entitled to the monthly disability pensions or pensions for the family members supported have settled out of the boundary, they may continue to draw the pensions by producing the certification of existence or acquire the relevant beneficial treatment at a lump sum and terminate the insurance relationship. The certification of existence shall annually be provided to TEDA Agency of Social Insurance.

(2) When persons moving out of the boundary whose labor relationships are established at home and who have participated in the insurance for industrial injuries are injured or disabled or decease out of the boundary, the party concerned out of the boundary shall be responsible for the injury damages, which shall be claimed by the domestic employing unit against the foreign party. The damages paid by the foreign party shall belong to the persons injured or their family members after reimbursing the payment of the expenses advanced by the employing unit. In case that injury damages have been paid by the foreign party, the lump-sum subsidy for death on the work post or for disability of industrial injury insurance of TEDA shall not be given again. If the damages paid by the foreign party are lower than the lump-sum subsidy for death on the work post or for disability, TEDA Agency of Social Insurance shall make up the difference.

In case that the employing unit participating in the industrial injury insurance in TEDA have dispatched staff and workers overseas or contracted engineering projects overseas, the relevant certification shall be proceeded in accordance with the State regulations.

Article 21 ¡¾re-treatment¡¿ In case that staff and workers with industrial injuries or contracting occupational diseases have a relapse of the old injury or disease and need medical treatment again, it is necessary for them to report in advance to TEDA Agency of Social Insurance for the record and they shall be entitled to the medical treatment of industrial injuries in accordance with these Measures.

If it is necessary to be hospitalized for treatment again, they shall apply in advance to the Labor Appraisal Committee of TEDA for ratification. During the period of hospitalization, they shall be entitled to their wages or the allowances for the medical treatment period of industrial injuries in accordance with the provisions of Article 14 of these Measures.

In case that no record has been filed in advance or no ratification has been acquired for hospitalization, TEDA Agency of Social Insurance shall not pay any expenses.

Article 22 ¡¾auxiliary apparatus¡¿ In case that staff and workers with industrial injuries need to be furnished with such auxiliary apparatus as an artificial limb, an artificial eyeball, a false tooth, a wheelchair or a crutch as required in daily life or to assist production and work, it shall be appraised and approved by the Labor Appraisal Committee of TEDA and be furnished by the medical rehabilitation unit designated by TEDA Agency of Social Insurance. The expenses thereof shall be borne by TEDA Agency of Social Insurance in accordance with the standards of the domestic medium-grade products, which shall be determined by the Labor Administrative Department of TEDA.

Article 23 ¡¾adjustment of treatment¡¿ The payment standards for the treatment of the industrial injury insurance of TEDA shall be annually adjusted by the Labor Administrative Department of TEDA in accordance with the change of the average monthly pay of staff and workers of Tianjin Municipality in the previous year.

Article 24 ¡¾liabilities for the employing unit¡¿ Under one of the following circumstances in the employing unit, the treatment of industrial injury insurance entitled to staff and workers shall be totally or partially borne by the employing unit:

(1) in case that the employing unit has not paid the insurance premiums of industrial injuries as stipulated, the treatment of industrial injury insurance shall be totally borne by the employing unit in accordance with the standards stipulated in these Measures;

(2) in case that the employing unit has not gone through formalities of filing for the record, application, examination and approval or ratification, the corresponding insurance treatment for industrial injuries shall be borne by the employing unit in accordance with the standards stipulated in these Measures.

Article 25 ¡¾loss of the rights of staff and workers¡¿ Under one of the following circumstances, staff and workers shall not be entitled to the total or partial treatment of industrial injury insurance:

(1) aggravating the status of injury or disease on purpose or refusing to cooperate with the medical institution for examination and treatment without justified reasons;

(2) refusing to leave hospital while they could leave after the industrial injury has healed or the state of illness is stable;

(3) refusing to participate in the labor appraisal so that approval of the corresponding qualifications is not acquired after expiration of the period of medical treatment of industrial injuries;

(4) determining to accept the treatment with contents which need to be gone through formalities of application, examination and approval or ratification in advance at their own will or arrange themselves for therapy Rxs or transferring to another hospital for treatment themselves without informing the employing unit under non-emergent conditions.

Article 26 ¡¾settlement of disputes¡¿ If a dispute arises on the report of an industrial injury or the handling of the treatment of the industrial injury insurance between staff and workers with industrial injuries or their family members on one side and the employing unit on the other, it shall be settled in accordance with the provisions on settlement of a labor dispute.

If staff and workers with industrial injuries or their relatives or the employing unit are unsatisfied with the decision on determination of the industrial injury made by the Labor Administrative Department and the decision on the beneficial treatment to be paid by TEDA Agency of Social Insurance, the cases shall be handled in accordance with the Provisions of Law of the People's Republic of China on Administrative Reconsideration and the Administrative Procedure Law of the People's Republic of China.

If staff and workers are unsatisfied with the conclusion of labor appraisal made by the Labor Appraisal Committee of TEDA, they may apply to the Committee for reexamination; if not satisfied with the conclusion of the reexamination appraisal, they may apply to the institution of labor appraisal at a higher level for reappraisal.

Article 27 ¡¾special expenditure¡¿ A sum of money shall be annually drawn from the Industrial Injury Insurance Fund of TEA by 3% of the total collection of insurance premiums for industrial injuries in the previous year, which shall be used in accident prevention, promotion and reward of production safety and appraisal of labor capability. This sum of money shall be specially earmarked and used for its special purpose only and the balance and its interests thereof shall be deposited continuously.
Article 28 ¡¾right of interpretation¡¿ The Administrative Commission of TEDA shall be responsible for the interpretation of these Measures.

Article 29 ¡¾time of enforcement¡¿ These Measures shall go into effect as of April 1, 2002.