Beijing Implementation Rules on Regulations on
Work-Related Injury Insurance (Beijing Municipal Decree No.
242) (hereinafter "the Rules") was released and
effective on December 5th, 2011. Based on the
Regulations on Work-Related Injury Insurance promulgated by
the State Council of the People' s Republic of China and taking
into consideration the Beijing practice, the Rules details the
determination of work-related injuries, appraisal of work
capability, and payment of work-related injury benefits, etc.
With regard to the determination procedure of work-related
injuries, the Rules for the first time ever provides that if labor
dispute concerning determination of the employment relationship
affects the determination of work-related injuries, the labor
dispute must be resolved in accordance with law before the
application for work-related injury determination, and the time for
resolving the labor dispute is excluded from the time limit for
applying for the determination. In addition, the Rules establishes
the scheme of designation of jurisdiction for work-related injury
determination, i.e. when departments of work-related injury
determination at district or county level deem that the application
for determination is out of their jurisdiction, they shall report
the application to the municipal social insurance administrative
departments for designation of jurisdiction.
The Rules further provides that Beijing is going to establish a
rehabilitation scheme for patients with work-related injuries which
gives precedence to rehabilitation over appraisal and places equal
emphasis on medical treatment and rehabilitation. When an injured
employee with work-related injury deems that his/her physical
condition has relatively stabilized, the employee may apply for
work capability appraisal in writing. After accepting the aforesaid
application, the commission of work capability appraisal at
district or county level may request the employee to take further
medical examination when it deems necessary. The time spent on such
medical examination will be excluded from the time limit for work
As to payment of work-related injury benefits, the Rules
stipulates that if the employers enrolled in work-related injury
insurance go into bankruptcy or liquidation, the work-related
injury benefits paid by the work-related insurance fund will be
distributed by the subdistrict offices of the government or by the
social security institutions established by the people's
governments at town level.
King and Wood: Without overlapping withthe
Regulation on Work-Related Injury Insurance, the Rules
details the implementation rules of Beijing municipality with
respect to determination of work-related injuries, appraisal of
work capability, and payment of work-related injury benefits and
therefore enhances the practicability of work-related injury
insurance. Moreover, the Rules puts forward "a rehabilitation
scheme for work-related injuries which gives precedence to
rehabilitation over appraisal and places equal emphasis on medical
treatment and rehabilitation". As such, there may be further
implementation rules on this scheme to be released in future.
Employees and employers should keep attention to the changing rules
and policies with respect to work-related injury determination,
rehabilitation and appraisal so as to protect their rights and
interests and avoid legal risk.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This usually arises where the insured's contract has a limitation or exclusion of liability clause in the insured's favour.
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