2011年工伤保险条例全文

2011年工伤保险条例全文 2011年工保条例全文伤伤伤伤伤伤伤工保条例伤伤伤伤伤 　　，2003年4月27日中人民伤伤伤共和国国院令第伤伤伤伤375号公布　根据2010年12月20日《国伤伤伤院于 修改〈工保条例伤伤伤伤伤〉的决定》修,伤伤 第一章　　　伤伤伤伤 　　第一条　了保障因工作遭受事故害或者患病的工得医伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤救治和,促工防和康,分散用人位的工,制定本条例。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　第二条　中人民共和国境内的企、事位、社会体、民非伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤企位、基金会、律事所、会事所等和有雇工的个体伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤工商，以下称用人位,当依照本条例定参加工保,本伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤位全部工或者雇工，以下称工,工保。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　中人民共和国境内的企、事位、社会体、民非企伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤位、基金会、律事所、会事所等的工和个体工商的雇工,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤均有依照本条例的定享受工保待遇的利。伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第三条　工保的征按照《伤伤伤伤伤伤伤伤伤伤社会保征行条例伤伤伤伤伤伤伤伤》于基本老保、伤伤伤伤伤伤伤伤伤伤基本医保、失保的征定行。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第四条　用人位当将参加工保的有情况在本位内公示。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　用人位和工当遵守有安全生和病防治的法律法,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤行安全生程和准,防工事故生,避免和减少病危害。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　工生工,用人位当采取措施使工工得到及救治。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　第五条　国院社会保行政部全国的工保工作。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　以上地方各人民政府社会保行政部本行政区域内的工保工作。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　社会保行政部按照国院有定立的社会保机构，以伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤下称机构,具体承工保事。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第六条　社会保行政部等部制定工保的政策、准,当征伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤求工会、用人位代的意。伤伤伤伤伤伤伤伤伤伤伤伤伤 第二章　工保基金伤伤伤伤伤 　　第七条　工保基金由用人位的工保、工保基金的利伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤息和依法入工保基金的其他金构成。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第八条　工保根据以支定收、收支平衡的原,确定率。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　国家根据不同行的度确定行的差率,并根据工保使伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤用、工生率等情况在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤个行内确定若干率档次。行差率及行每内率档次由国院社会保行政部制定,国院批准后公布施行。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　地区机构根据用人位工保使用、工生率等情况,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤适用所属行内相的率档次确定位率。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第九条　国院社会保行政部当定期了解全国各地区工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤保基金收支情况,及提出整行差率及行内率档次的伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤,国院批准后公布施行。伤伤伤伤伤伤伤伤伤伤伤伤 　　第十条　用人位当按工保。工个人不工保。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　用人位工保的数本位工工乘以位率之。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　以按照工工保的行,其工保的具体方式,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤由国院社会保行政部定。伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第十一条　工保基金逐伤伤伤伤伤伤伤伤伤伤伤伤伤行省。步 　　跨地区、生流性大的行,可以采取相集中的方式异地参伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤加地区的工保。具体法由国院社会保行政部会同有行的主管部制定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　第十二条　工保基金存入社会保障基金政,用于本条例伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定的工保待遇,能力定,工防的宣、培等用,以及伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤法律、法定的用于工保的其他用的支付。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　工防用的提取比例、使用和管理的具体法,由国院伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤社会保行政部会同国院政、生行政、安全生督管理等部定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　任何位或者个人不得将工保基金用于投运、建或者伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤改建公所、放金,或者挪作其他用途。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第十三条　工保基金当留有一定比例的金,用于地区重伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤大事故的工保待遇支付,金不足支付的,由地区的人民政伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤府付。金占基金的具体比例和金的使用法,由省、自治区、直市人民政府定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 第三章　工定伤伤伤 　　第十四条　工有下列情形之一的,当定工:伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，一,在工作和工作所内,因工作原因受到事故害的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　，二,工作前后在工作所内,从事与工作有的性或者收尾性工作受到事故害的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，三,在工作和工作所内,因履行工作受到暴力等意外害的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　，四,患病的,伤伤伤伤伤 　　，五,因工外出期,由于工作原因受到害或者生事故下落不明的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　，六,在上下班途中,受到非本人主要任的交通事故或者城市道交通、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤客运渡、火事故害的,伤伤伤伤伤伤伤伤伤伤伤 　　，七,法律、行政法定当定工的其他情形。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第十五条　工有下列情形之一的,同工:伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，一,在工作和工作位,突疾病死亡或者在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤48小之内救无效死亡的,伤伤伤伤伤伤伤伤伤伤伤伤　　，二,在救伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤灾等国家利益、公共利益活中受到害的,　　，三,工原在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服役,因、因公致残,已取得革命残 人,到用人位后伤伤伤伤伤伤伤伤伤伤伤伤伤伤旧的。 　　工有前伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤款第，一,、第，二,情形的,按照本条例的 有定享受工保待遇,工有前伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤款第，三,情形的,按照 本条例的有定享受伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤除一次性残助金以外的工保待遇。 　　第十六条　工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤符合本条例第十四条、第十五条的定,但是 有下列情形之一的,不得定工或者同工:伤伤伤伤伤伤伤伤伤伤伤伤 　　，一,故意犯罪的, 　　，二,醉酒或者吸毒的, 　　，三,自残或者自的。伤伤伤 　　第十七条　工生事故害或者按照病防治法定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤被断、定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤病,所在位当自事故害生之日或者被断、定病之日起30日内,向伤伤伤伤地区 社会保行政部提出工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申。遇有特殊情况,社会保行 政部同意,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申限可以适当延。 　　用人位伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤未按前款定提出工定申的,工工或者其近 属、工会在事故害生之日或者伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤被断、定病之日起1年内,可以直接向用人位伤伤所在地地区社会保行政部提出工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申。 　　按照本条第一款伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定当由省社会保行政部行工定的事, 根据属地原由用人位所在地的区的市社会保行政部理。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　用人位伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤未在本条第一款定的限内提交工定申,在此 期生伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤符合本条例定的工待遇等有用由用人位担。 　　第十八条　提出工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤申当提交下列材料: 　　，一,工定伤伤伤伤伤伤伤申表, 　　，二,与用人位存在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤系，包括事系,的明材料,　　，三,医伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤断明或者病断明，或者病断定,。　　工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申表当包括事故生的、地点、原因以及工害程度等基本情况。　　工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申人提供材料不完整的,社会保行政部当一次 性伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤面告知工定申人需要正的全部材料。申人按照面告 知要求伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤正材料后,社会保行政部当受理。 　　第十九条　社会保行政部受理工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申后,根据核需要可以伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤事故害行核,用人位、工、工会、医机构以及有 部当伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤予以助。病断和断争的定,依照病防治法的 有定行。依法取得病伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤断明或者病断定的,社会保行政部不伤伤伤伤伤伤伤伤伤伤伤伤伤伤再行核。 　　工或者其伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤近属是工,用人位不是工的,由用人位承担任。　　第二十条　社会保行政部当自受理工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申之日起60日内作出工定的决定,伤伤伤伤伤伤并伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤面通知申工定的工或者其近属和工所在位。 　　社会保行政部受理的事伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤清楚、利明确的工定申,当在15日内作出工伤伤 定的决定。 　　作出工定决定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤需要以司法机或者有行政主管部的依 据的,在司法机或者有行政主管部伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤尚未作出期,作出工定决定的限中止。　　社会保行政部工作人与工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申人有利害系的,当回避。第四章　能力定伤伤伤伤伤伤 　　第二十一条　工生工,治情相定后存在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残疾、影响能力的,当行能力定。伤伤伤伤伤伤伤伤伤伤伤 　　第二十二条　能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤是指功能障碍程度和生活自理障碍程度的等定。 　　伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤功能障碍分十个残等,最重的一,最的十。 　　生活自理障碍分三个等:生伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤活完全不能自理、生活大部分不能自理和生活部分不能自理。　　能力定准由国院社会保行政部会同国院生行政部等部制定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　第二十三条　能力定由用人位、工工或者其伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤近属向区 的市能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会提出申,并提供工定决定和工工医的有料。　　第二十四条　省、自治区、直市能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会和区的市能力 定委伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤会分由省、自治区、直市和区的市社会保行政部、 伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤生行政部、工会、机构代表以及用人位代表成。 　　能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会建立医生家。列入家的医生技 人当具下列条伤伤伤伤伤伤伤伤伤伤件: 　　，一,具有医生伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤高技任格, 　　，二,掌握伤伤伤伤伤伤伤伤伤伤伤伤能力定的相知, 　　，三,具有良好的伤伤伤伤伤品德。 　　第二十五条　区的市能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会收到能力定申后,当从其建立的医生家中伤伤伤伤伤伤伤伤伤伤伤随机抽取3名或者5名相家成家,由家提出伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定意。区的市能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会根据家的定意作出工工伤伤伤伤伤伤能力定,必要,伤可以委托具伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤格的医机构助行有的断。 　　区的市能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会当自收到能力定申之日起60日内作出伤伤伤伤伤伤能力定,必要,作出伤伤伤伤伤伤伤伤伤伤能力定的期限可以延伤30日。伤伤伤伤伤伤能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤当及送达申定的位和个人。　　第二十六条　申伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定的位或者个人区的市能力定委会作出的定不伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服的,可以在收到定之日起15日内向省、自治区、直市能力定伤伤伤伤伤伤伤伤委伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤会提出再次定申。省、自治区、直市能力定委会作出的伤伤伤伤伤伤能力定伤伤伤伤伤最。　　第二十七条　能力定工作当客、公伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤正。能力定委会 成人或者参加定的家与当事人有利害伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤系的,当回避。 　　第二十八条　自伤伤伤伤伤伤能力定作出之日起1年后,工工或者其伤伤伤伤伤伤伤伤伤伤伤伤伤近属、所在位或者机构伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残情况生化的,可以申能力定。 　　第二十九条　能力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会依照本条例第二十六条和第二十 八条的定行伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤再次定和定的期限,依照本条例第二十五条第二款的定行。第五章　工保待遇伤伤伤伤伤 　　第三十条　工因工作遭受事故害或者患病行治,享受工医待遇。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　工治工当在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服的医机构就医,情况急可以先到就近的医机构急救。　　治工所伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤需用符合工保目目、工保品目、工 保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤住院服准的,从工保基金支付。工保目目、工 伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤保品目、工保住院服准,由国院社会保行政部会 同国院生行政部、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤食品品督管理部等部定。 　　工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤住院治工的伙食助,以及医机构出具明, 机构同意,工工到地区以外伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤就医所需的交通、食宿用从工 保基金支付,基金支付的具体准由地区人民政府定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　工工治非工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤引的疾病,不享受工医待遇,按照基本医保法理。　　工工到伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服的医机构行工康的用,符合定的,从工保基金支付。　　第三十一条　社会保行政部作出定工的决定后生行政、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤行政的,行政和行政期不伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤停止支付工工治工的医用。 　　第三十二条　工工因日伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤常生活或者就需要,能力定委会确,可以安伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤装假肢、形器、假眼、假牙和配置椅等助器 具,所需伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤用按照国家定的准从工保基金支付。 　　第三十三条　工因工作遭受事故害或者患病伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤需要停工作 接受工医的,在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤停工留薪期内,原工福利待遇不,由所在位按月支付。　　停工留薪期一般不超伤12个月。情重或者情况伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤特殊,区的市能 力定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤委会确,可以适当延,但延不得超12个月。工工定伤伤伤伤伤伤伤伤伤伤伤伤伤残等后,停原待遇,按照本章的有定享受伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残待遇。工工在停工留薪期后仍需治的,享受工医待遇。伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　生活不能自理的工工在伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤停工留薪期需要理的,由所在位。 　　第三十四条　工工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤已定残等并能力定委会确需要生活伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤理的,从工保基金按月支付生活理。 　　生活伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤理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个不同等支伤伤付,其准分地区上年度工月平均工的伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤50%、40%或者30%。　　第三十五条　工因工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤致残被定一至四残的,保留系, 退出工作位,享受以下待遇:伤伤伤伤伤伤伤伤伤伤 　　，一,从工保基金按伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残等支付一次性残助金,准:一残27个月的本人工,伤二伤伤伤伤残25个月的本人工,三伤伤伤伤伤伤伤残23个月的本人工,四伤伤伤伤伤伤伤残21个月的本人工,伤伤　　，二,从工保基金按月支付伤伤伤伤伤伤伤伤伤伤伤残津,准:一伤伤伤伤伤伤伤伤伤伤伤伤伤伤残本人工的90%,二伤伤伤伤伤残本人工的伤伤85%,三伤伤伤伤伤伤伤伤伤残本人工的80%,四伤伤伤伤伤伤伤伤伤残本人工的75%。伤伤伤伤伤伤伤伤伤残津金低于当地最低工准的,由工保基金足差,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，三,工工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤达到退休年并理退休手后,停残津,按 照国家有定享受基本老保待遇。基本老保待遇伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤低于残津 伤伤伤伤伤伤伤伤伤伤伤的,由工保基金足差。 　　工因工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤致残被定一至四残的,由用人位和工个人 以伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残津基数,基本医保。 　　第三十六条　工因工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤致残被定五、六残的,享受以下待遇:　　，一,从工保基金按伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残等支付一次性残助金,准:五残18个月的本人工,伤六伤伤伤伤残16个月的本人工,伤伤 　　，二,保留与用人位的伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤系,由用人位安排适当工作。以安 排工作的,由用人位按月伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残津,准:五残本人工的70%,六伤伤伤伤伤伤残本人工的伤伤60%,并由用人位按照定其的各社会保。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残津 金伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤低于当地最低工准的,由用人位足差。 　　工工本人提出,工可以与用人位解伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤除或者止系,由工保基金支付一次性工医伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助金,由用人位支付一次 性伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残就助金。一次性工医助金和一次性残就助金的 具体准由省、自治区、直市人民政府定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第三十七条　工因工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤致残被定七至十残的,享受以下待遇:　　，一,从工保基金按伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残等支付一次性残助金,准:七残13个月的本人工,伤八伤伤伤伤残11个月的本人工,九伤伤伤伤伤伤伤残9个月的本人工,十伤伤伤伤伤伤伤残7个月的本人工,伤伤　　，二,、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤聘用期止,或者工本人提出解除、聘 用合同的,由工保基金支付一次性工医伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助金,由用人位支付 一次性伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残就助金。一次性工医助金和一次性残就助金 的具体准由省、自治区、直市人民政府定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第三十八条　工工工,确伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤需要治的,享受本条例第三十 条、第三十二条和第三十三条定的工待遇。伤伤伤伤伤伤伤伤 　　第三十九条　工因工死亡,其伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤近属按照下列定从工保基 金取伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤葬助金、供属恤金和一次性工亡助金: 　　，一,伤伤伤伤伤伤葬助金6个月的地区上年度工月平均工,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，二,供伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤属恤金按照工本人工的一定比例由因工死亡 工生前提供主要生活来源、无能力的属。准:伤伤伤伤伤伤伤伤伤伤伤伤伤月每配偶40%,其他属人月伤伤伤伤每每30%,孤寡老人或者孤儿每每人月在上述伤伤伤伤伤伤伤伤准的基上增加10%。核定的各供伤伤伤伤伤伤伤伤伤伤伤伤属的恤金之和不高于因工死亡工生前的工。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤供属的具体范由国院社会保行政部定, 　　，三,一次性工亡伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助金准上一年度全国城居民人均可支配收入( 2009 年全年城伤伤伤居民 人均可支配收入 17175 元)的 20倍。 　　伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残工在停工留薪期内因工致死亡的,其近属享受本条第一款定的待遇。　　一伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤至四残工在停工留薪期后死亡的,其近属可以享 受本条第一款第，一,、第，二,定的待遇。伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第四十条　伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残津、供属恤金、生活理由地区社会保 行政部根据工平均工和生伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤活用化等情况适整。整法由 省、自治区、直市人民政府定。伤伤伤伤伤伤伤伤伤 　　第四十一条　工因工外出期生事故或者在救伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤灾中下落不明的,从事故生当月起3个月内照工,从第伤伤伤伤伤伤4个月起停伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤工,由工保基金向其供属按月支付供伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤属恤金。生活有困的,可以支一次性工亡助金的50%。工伤伤伤伤伤伤伤伤被人民法院宣告死亡的,按照本条例第三十九条工因工死亡的定理。伤伤伤伤伤伤伤伤伤伤伤伤 　　第四十二条　工工有下列情形之一的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤停止享受工保待遇: 　　，一,失享受待遇条伤伤伤伤伤伤伤伤伤伤件的, 　　，二,拒不接受能力定的,伤伤伤伤伤伤伤伤 　　，三,拒伤伤伤伤伤治的。 　　第四十三条　用人位分立、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤合并、的,承位当承担原用人 伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤位的工保任,原用人位已参加工保的,承位当到当 地机构理工保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤更登。 　　用人位行承伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤包的,工保任由工系所在位承担。　　工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤被借期受到工事故害的,由原用人位承担工保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤任,但原用人位与借位可以定法。 　　企伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤破的,在破清算依法付当由位支付的工保待遇用。　　第四十四条　工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤被派遣出境工作,依据前往国家或者地区的法律当参加当地工保的,参加当地工保,其国内工保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤系中止,不能参加当地工保的,其国内工保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤系不中止。　　第四十五条　工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤再次生工,根据定当享受残津的,按照新伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定的残等享受残津待遇。 第六章　督管理伤伤伤伤 　　第四十六条　机构具体承工保事,履行下列:伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　，一,根据省、自治区、直市人民政府定,征收伤伤伤伤伤伤伤伤伤伤伤工保伤伤伤伤,　　，二,核伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤用人位的工和工人数,理工保登,并保存用人位和工享受工保待遇情况的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，三,行工保的、,伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，四,按照定管理工保基金的支出,伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　，五,按照定伤伤伤伤伤伤伤伤伤伤伤核定工保待遇, 　　，六,工工或者其伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤近属免提供咨服。 　　第四十七条　机构与医机构、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助器具配置机构在平等商的基上伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服,并公布服的医机构、助器具配置机构的名伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤。具体法由国院社会保行政部分会同国院生行 政部、民政部等部制定。伤伤伤伤伤伤伤伤伤伤伤伤 　　第四十八条　机构按照和国家有伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤目、准工工医用、康用、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助器具用的使用情况行核,并按足算用。　　第四十九条　机构当定期公布工保基金的收支情况,及伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤向社会保行政部提出整率的建。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第五十条　社会保行政部、机构当定期伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤听取工工、医机构、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助器具配置机构以及社会各界改工保工作的意。 　　第五十一条　社会保行政部依法工保的征和工保基金的伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤支付情况行督。伤伤伤伤伤伤伤 　　政部和机依法工保基金的收支、管理情况行督。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　第五十二条　任何和个人有工保的法行,有。社会保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤行政部当及,按照定理,并人保密。　　第五十三条　工会依法工工的伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤合法益,用人位的工保工作行督。　　第五十四条　工与用人位生工待遇方伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤面的争,按照理争的有定理。　　第五十五条　有下列情形之一的,有位或者个人可以依法伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申行政,也可以依法向人民法院提起行政:伤伤伤 　　，一,申伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤工定的工或者其近属、工所在位工定申不予受理的决定不服的, 　　，二,申伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤工定的工或者其近属、工所在位工定不服的,　　，三,用人位机构确定的位率不伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服的, 　　，四,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤服的医机构、助器具配置机构机构未履行有或者定的,　　，五,工工或者其伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤近属机构核定的工保待遇有异的。第七章　法律任伤伤 　　第五十六条　位或者个人伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤反本条例第十二条定挪用工保基金,构成犯罪的,依法追究刑事任,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤尚不构成犯罪的,依法予分或者律分。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤被挪用的基金由社会保行政部追回,并入工保基金,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤没收的法所得依法上国。 　　第五十七条　社会保行政部工作人有下列情形之一的,依法伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤予伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤分,情重,构成犯罪的,依法追究刑事任: 　　，一,无正当理由不受理工定伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤申,或者弄虚作假将不符合工条件的人定工工的,伤伤伤伤伤伤伤伤伤伤 　　，二,未妥善保管申伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤工定的据材料,致使有据失的,　　，三,收受当事人伤伤伤伤物的。 　　第五十八条　机构有下列行之一的,由社会保行政部令伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤改正,直伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤接的主管人和其他任人依法予律分,情重,构成犯罪的,依法追究刑事任,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤造成当事人失的,由机构依法承担任: 　　，一,未按定保存用人位和工享受工保待遇情况的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤　　，二,不按定伤伤伤伤伤伤伤伤伤伤伤伤核定工保待遇的, 　　，三,收受当事人伤伤伤伤物的。 　　第五十九条　医机构、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助器具配置机构不按服提供服的,伤伤伤伤伤伤机构可以解除服。 　　机构不按足伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤算用的,由社会保行政部令改正, 医机构、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助器具配置机构可以解除服。 　　第六十条　用人位、工工或者其伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤近属取工保待遇,医机 构、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤助器具配置机构取工保基金支出的,由社会保行政部令退,取金2倍以上5 倍以下的伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤款,情重,构成犯罪的,依法追究刑事任。 　　第六十一条　从事能力定的或者个人有下列情形之一的,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤由社会保行政部令改伤伤伤伤伤伤伤伤伤伤伤正,2000元以上1万元以下的伤伤伤伤伤伤伤伤伤伤伤伤款,情重,构成犯罪的,依法追究刑事任:伤伤伤 　　，一,提供虚假伤伤伤伤伤伤定意的, 　　，二,提供虚假断伤伤伤伤伤伤明的, 　　，三,收受当事人伤伤伤伤物的。 　　第六十二条　用人位依照本条例定当参加工保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤而未参加的,由社会保行政部令伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤限期参加,当的工保,并自欠之日起,按日加收万分之五的滞伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤金,逾期仍不的,欠数1倍以上3倍以下的伤伤伤款。　　依照本条例定当参加工保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤而未参加工保的用人位工 生工的,由用人位按照本条例定的工保待遇伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤目和准支付用。　　用人位参加工保并当的工保、伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤滞金后,由工保基金和用人位依照本条例的定支付伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤新生的用。 　　第六十三条　用人位伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤反本条例第十九条的定,拒不助社会保伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤行政部事故行核的,由社会保行政部令改正,2000元以上2万元以下的伤伤伤款。第八章　附　　伤 　　第六十四条　本条例所称工,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤是指用人位直接支付本位全部工的酬。　　本条例所称本人工,伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤是指工工因工作遭受事故害或者患病前12个月平均月工。伤伤伤伤 本人工伤伤伤伤伤伤伤伤伤伤伤伤伤高于地区工平均工300%的,按照地区工平均工的伤伤伤伤伤伤伤伤伤伤伤300%伤伤伤算,本人工低于地区工平均工伤伤伤伤伤伤伤伤伤伤60%的,按照地区工平均工的伤伤伤伤伤伤伤伤伤伤伤60%伤算。　　第六十五条　公和参照公法管理的事位、社会体的工作伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤人因工作遭受事故害或者患病的,由所在位支付用。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 具体法由国院社会保行政部会同国院政部定。伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤 　　第六十六条　无照或者伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤未依法登、案的位以及被依法吊伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤照或者撤登、案的位的工受到事故害或者患病的, 由位伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤向残工或者死亡工的近属予一次性,准不 得低于本条例定的工保待遇,用人位不得使用伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤童工,用人位 使用童工造成童工伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤残、死亡的,由位向童工或者童工的近属 予一次性,准不得伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤低于本条例定的工保待遇。具体法 由国院社会保行政部定。伤伤伤伤伤伤伤伤伤伤伤伤伤 　　前款伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定的残工或者死亡工的近属就数与位生争的,以及前款伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤伤定的童工或者童工的近属就数与位生争的,按照理伤伤伤伤伤伤伤伤伤伤伤伤伤伤争的有定理。 　　第六十七条　本条例自2004年1月1日起施行。本条例施行前已受到事故害或者患伤伤伤伤伤伤伤病的工伤伤伤伤伤伤尚未完成工定伤伤伤的,按照本条例的定伤伤伤行。