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| Regulation on Work-Related Injury Insurance | | 工伤保险条例 |
(Promulgated by Order No.375 of the State Council of the People's Republic of China on April 27, 2003, amended according to the Decision of the State Council on Amending the Regulation on Work-Related Injury Insurance on December 20, 2010) | |
（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） |
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| Chapter I General Provisions | | 第一章 总 则 |
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| Article 1 This Regulation is formulated to guaranteeing the employees who are injured from accidents arising from work or who suffer from occupational diseases to obtain medical care and economic compensation, promoting the prevention and occupational recovery from work-related injuries, and dispersing the work-related injury risks of employers. | | 第一条 为了保障因工作遭受事故伤害或者患职业病的职工获得医疗救治和经济补偿，促进工伤预防和职业康复，分散用人单位的工伤风险，制定本条例。 |
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| Article 2 Enterprises, public institutions, social organizations, private non-enterprise entities, foundations, law firms, accounting firms, and other organizations as well as individual industrial and commercial households hiring laborers (hereinafter referred to as “employers”) within the territory of the People's Republic of China shall, in accordance with this Regulation, purchase work-related injury insurance, paying work-related injury insurance premiums for all their employees or hired laborers (hereinafter referred to as “employees”). | | 第二条 中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会计师事务所等组织和有雇工的个体工商户（以下称用人单位）应当依照本条例规定参加工伤保险，为本单位全部职工或者雇工（以下称职工）缴纳工伤保险费。 |
Employees of enterprises, public institutions, social organizations, private non-enterprise entities, foundations, law firms, and other organizations as well as laborers hired by individual industrial and commercial households within the territory of the People's Republic of China shall have the right to enjoy the work-related injury insurance benefits in accordance with this Regulation. | |
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。 |
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| Article 3 The work-related injury insurance premiums shall be collected and paid in accordance with the provisions in the “Interim Regulation on the Collection and Payment of Social Insurance Premiums” regarding the collection and payment of basic pension insurance premiums, basic medical insurance premiums, and unemployment insurance premiums. | | 第三条 工伤保险费的征缴按照《社会保险费征缴暂行条例》关于基本养老保险费、基本医疗保险费、失业保险费的征缴规定执行。 |
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| Article 4 The employers shall announce the relevant information on buying work-related injury insurance within the scope of the entity. | | 第四条 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。 |
The employers and the employees shall abide by the relevant laws and regulations on safe production and prevention and treatment of occupational diseases, implement the rules and standards on safety and health care, prevent work-related injury accidents, avoid and reduce harms from occupational diseases. | |
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。 |
When an employee suffers from a work-related injury, the employers shall take measure to have the injured employee cured in time. | |
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。 |
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| Article 5 The social insurance administrative department under the State Council shall be responsible for the work of nationwide work-related injury insurances. | | 第五条 国务院社会保险行政部门负责全国的工伤保险工作。 |
The social insurance administrative department of each local people's government at or above the county level shall be responsible for the work of work-related injury insurance within its own jurisdiction. | |
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 handling institutions (hereinafter referred to as handling institutions) established by the social insurance administrative department under the State Council in accordance with the relevant provisions shall specifically undertake the affairs in respect of work-related injury insurances. | |
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。 |
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| Article 6 the social insurance administrative department and other departments shall, if formulating policies or standards concerning work-related injury insurances, solicit opinions from the representatives of the trade union organizations and employers. | | 第六条 社会保险行政部门等部门制定工伤保险的政策、标准，应当征求工会组织、用人单位代表的意见。 |
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| Chapter II Work-Related Injury Insurance Fund | | 第二章 工伤保险基金 |
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| Article 7 The work-related injury insurance fund shall be composed of the work-related injury insurance premiums paid by the employers, the interest on the work-related injury insurance fund and other funds legally included in the work-related injury insurance fund. | | 第七条 工伤保险基金由用人单位缴纳的工伤保险费、工伤保险基金的利息和依法纳入工伤保险基金的其他资金构成。 |
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| Article 8 The rate of the work-related injury insurance premiums shall be determined in compliance with the principles of basing collection on expenditure and balancing the income and expenditure. | | 第八条 工伤保险费根据以支定收、收支平衡的原则，确定费率。 |
The state shall determine differential premium rates for different industries in light of their respective likelihood of work-related injuries, and set forth a number of different premium rates for each industry in light of the use of the work-related injury insurance premiums, occurrence rate of work-related injuries, etc. The differential premium rates for different industries and the different premium rates within each industry shall be decided by the social insurance administrative department under the State Council, and be subject to the approval of the State Council before promulgation and implementation. | |
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 handling institution in a region subject to overall planning shall, in light of the information on the employers' use of work-related injury insurance premiums and the occurrence rate of work-related injuries, etc., apply the corresponding grade of premium rate for the industry to determine the premium rate of the employers. | |
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。 |
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| Article 9 The social insurance administrative department under the State Council shall have regular knowledge of the revenue and expenditures of the work-related injury insurance funds in all overall planning areas throughout the country, and shall put forward a timely plan for adjustment of the differential premium rates for different industries and the different premium rates within each industry, which shall be subject to the approval of the State Council before promulgation and implementation. | | 第九条 国务院社会保险行政部门应当定期了解全国各统筹地区工伤保险基金收支情况，及时提出调整行业差别费率及行业内费率档次的方案，报国务院批准后公布施行。 |
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| Article 10 The employers shall pay work-related injury insurance premiums on time, and individual employees do not have to pay the work-related injury insurance premiums. | | 第十条 用人单位应当按时缴纳工伤保险费。职工个人不缴纳工伤保险费。 |
The amount of work-related injury insurance premiums paid by the employers shall be the product of multiplying the total amount of wages of the employees in the employers by the premiums rate of the employers. | |
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。 |
For any industry which has difficulty in paying work-related injury insurance premiums on the basis of the total wages, the specific methods for paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department under the State Council. | |
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。 |
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| Article 11 Work-related injury insurance funds shall be gradually managed under provincial overall planning. | | 第十一条 工伤保险基金逐步实行省级统筹。 |
For trans-regional industries and industries with large production mobility, the employers may buy work-related injury insurances in region subject to overall planning by a relatively concentrative means. The specific measures shall be formulated by the social insurance administrative department under the State Council jointly with the competent departments of the relevant industries. | |
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。 |
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| Article 12 Work-related injury insurance funds shall be deposited into a designated financial account of social security fund, and shall be used to pay work-related injury insurance benefits, work ability appraisal fees, fees for publicity and training with respect to work-related injury prevention and other fees as prescribed in this Regulation, as well as other expenses used for work-related injury insurance as prescribed in laws and regulations. | | 第十二条 工伤保险基金存入社会保障基金财政专户，用于本条例规定的工伤保险待遇，劳动能力鉴定，工伤预防的宣传、培训等费用，以及法律、法规规定的用于工伤保险的其他费用的支付。 |
The social insurance administrative department under the State Council shall, jointly with the departments of public finance, health administration, production safety supervision and administration, etc. under the State Council, formulate specific measures for the drawing ratio, use and administration of work-related injury prevention fees. | |
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。 |
No entity or individual may use work-related injury insurance funds to make investment operations, build or rebuild office places, or grant bonuses, or misappropriate such funds for other purposes. | |
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。 |
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| Article 13 A certain proportion of reserve among the work-related injury insurance fund shall be remained for the paying of the treatment of work-related injury insurances on major accidents in the regions subject to overall planning; if the reserve is not enough to pay the said treatment, the people's government of the region subject to overall planning shall pay the remaining sum. The specific proportion of the reserve among the total amount of the fund and the measures on using the reserve shall be provided for by the people's government of the province, autonomous region, or municipality directly under the Central Government. | | 第十三条 工伤保险基金应当留有一定比例的储备金，用于统筹地区重大事故的工伤保险待遇支付；储备金不足支付的，由统筹地区的人民政府垫付。储备金占基金总额的具体比例和储备金的使用办法，由省、自治区、直辖市人民政府规定。 |
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| Chapter III Determination of Work-Related Injuries | | 第三章 工伤认定 |
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| Article 14 An employee shall be ascertained to have suffered from work-related injury if: | | 第十四条 职工有下列情形之一的，应当认定为工伤： |
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| 1.he is injured from an accident within the working hours and the working place due to his work; | | （一）在工作时间和工作场所内，因工作原因受到事故伤害的； |
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| 2.he is injured from an accident within the working place before or after the working hours for doing preparatory or finishing work related to his job; | | （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； |
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| 3.he suffers from violence or other unexpected injury within the working hours and working place due to implementation of his duties; | | （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； |
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| 4.he suffers from an occupational disease; | | （四）患职业病的； |
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| 5.his whereabouts are unknown due to his injury or accident during his trip for performing his duties; | | （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； |
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| 6.he is injured in traffic accident for which he is not principally responsible or in an urban rail transit, passenger ferry or train accident on his way to or back from work; | | （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； |
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| 7.other circumstances provided for in laws and administrative regulations under which work-related injuries shall be ascertained. | | （七）法律、行政法规规定应当认定为工伤的其他情形。 |
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| Article 15 An employee shall be regarded to have suffered from the work-related injury if: | | 第十五条 职工有下列情形之一的，视同工伤： |
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| 1.during the working hours and on the post, he dies from a sudden disease or dies within 48 hours due to ineffective rescue; | | （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； |
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| 2.he is injured when dealing with an emergency or providing disaster relief or in other activity for maintaining the state benefits or public benefits; or | | （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； |
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| 3.he served in the army and became disabled due to war or duties, and has obtained the certificate of revolutionary disabled armyman, but recrudesces from the past injury after working in the employing entity. | | （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。 |
Where an employee is under the circumstance in Item (a) or (b) of the preceding paragraph, he may enjoy the treatment of work-related injury insurances in accordance with the relevant provisions of the present regulation; where an employee is under the circumstance in Item (c) of the preceding paragraph, he may enjoy the treatment of work-related injury insurances other than the lump-sum disability subsidy in accordance with the relevant provisions in the present regulation. | |
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。 |
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| Article 16 An employee who conforms to the provisions of Article 14 or Article 15 of this Regulation shall neither be determined nor be regarded to have suffered a work-related injury if: | | 第十六条 职工符合本条例第十四条、第十五条的规定，但是有下列情形之一的，不得认定为工伤或者视同工伤： |
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| 1. He intentionally commits a crime; | | （一）故意犯罪的； |
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| 2. He is under the influence of alcohol or drugs; or | | （二）醉酒或者吸毒的； |
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| 3. He injures himself or commits suicide. | | （三）自残或者自杀的。 |
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| Article 17 where an employee is injured from an accident or is diagnosed or assessed in accordance with the Law on Prevention and Treatment of Occupational Diseases to have an occupational disease, the employers shall, within 30 days as of the day when the accident injury is occurred or when he is diagnosed or assessed to have contracted the occupational disease, file an application for ascertainment of the work-related injury to the social insurance administrative department in the region subject to overall planning. Under special circumstances, the time limit for application may be properly extended, subject to the approval of the social insurance administrative department. | | 第十七条 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。 |
Where an employer fails to file an application for ascertainment of a work-related injury in accordance with the preceding paragraph, the worker who suffered from the injury or his close relative, or the trade union organization may, within one year as of the day when the accident injury is occurred or when the employee is diagnosed or assessed to have the occupational disease, directly file the application for ascertainment of the work-related injury to the social insurance administrative department of the region subject to overall planning where the employers is located. | |
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。 |
The matter for which the work-related injuries shall be ascertained by the social insurance administrative department at the provincial level as provided for in Paragraph 1 of the present article, shall be handled by the social insurance administrative department at the level of city divided into districts at the locality of the employers in compliance with the principle of territory. | |
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。 |
Where an employer fails to file an application for ascertainment of a work-related injury within the time limit provided for in Paragraph 1 of the present article, the expenses for the treatment of the injury, etc. during this period, which conform to the present regulation, shall be borne by the employers. | |
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。 |
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| Article 18 Whoever files an application for ascertainment of a work-related injury shall submit the following documents: | | 第十八条 提出工伤认定申请应当提交下列材料： |
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| 1. the application form for ascertainment of the work-related injury; | | （一）工伤认定申请表； |
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| 2. the documents proving the existence of the labor relation (including de facto labor relation) with the employers; and | | （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； |
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| 3.the certificate of medical diagnosis or the certificate of diagnosis of the occupational disease (or the assessment report on diagnosis of the occupational disease). | | （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）。 |
The application form for ascertainment of a work-related injury shall include such basic information as the time, place, reason of the accident, and extent of the employee's injury, etc.. | |
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。 |
Where the applicant for ascertainment of a work-related injury fails to provide complete documents, the social insurance administrative department shall notify the application in writing in one time of all the documents needed to be supplemented for the ascertainment of the work-related injury. The social insurance administrative department shall accept the application after the applicant has supplemented the documents as required by the written notification. | |
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。 |
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| Article 19 The social insurance administrative department may, after accepting an application for ascertainment of a work-related injury, investigate and verify the accident injury upon the needs in examination, while the employers, the employees, the trade union organization, the medical treatment institution and other relevant departments shall provide assistance. The occupational disease shall be diagnosed and the diagnosis dispute shall be assessed in accordance with the relevant provisions in the Law on Prevention and Treatment of Occupational Diseases. With respect to the certificate of diagnosis of the occupational disease or the assessment report on diagnosis of the occupational disease which is obtained in accordance with the law, the social insurance administrative department for labor security shall no longer investigate or verify it. | | 第十九条 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。 |
Where an employee or his relative believes that an injury is work-related, while the employer does not believe so, the latter shall bear the burden of proof. | |
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。 |
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| Article 20 The social insurance administrative department shall, within 60 days upon acceptance of an application for determination of a work-related injury, make a decision on determination of the work-related injury and notify the employee applying for determination of a work-related injury or his close relative and his employer in writing. | | 第二十条 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。 |
For an accepted application for determination of a work-related injury which has clear facts and explicit obligations and rights, the social insurance administrative department shall make a decision on determination of the work-related injury within 15 days. | |
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。 |
Where a decision on determination of a work-related injury needs to be made on the basis of the conclusion of a judicial organ or relevant competent administrative department, the time limit for making a decision on determination of a work-related injury shall be suspended during the period in which the judicial organ or relevant competent administrative department has not yet made a conclusion. | |
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。 |
Where a functionary of the social insurance administrative department has any interest relationship with the applicant for determination of a work-related injury, he shall withdraw. | |
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。 |
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| Chapter IV Work Capability Assessment | | 第四章 劳动能力鉴定 |
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| Article 21 Where an employee who suffered from a work-related injury becomes disabled and his work capability is impacted after he has been cured to be comparatively stable with his injury, his work capability shall be assessed. | | 第二十一条 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。 |
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| Article 22 Work capability assessment shall refer to the assessment by grade of the extent of work capability obstruction and of self-care obstruction. | | 第二十二条 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。 |
The work capability obstruction is divided into ten disability grades, with Grade 1 to be the severest, and Grade 10 the most lenient.
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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。
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