Study Of Our Employees' Compensation Legislation And Practical Issues

Compensations given to employees for the injury to their health caused by employment injury accidents are called employment injury compensation. Nowadays, most countries grant the victims of employment injury accidents with the right of enjoying the benefit of employment injury insurance. As the economy of our country develops in high speed, accidents concerning safe production take place frequently in the meantime, and the population who suffer professional diseases ascendant every year. Therefore, in such situation, the society should pay much attention to the problem of how to offer medical assistance and economic compensations to the victims of employment injury accidents and the relatives they have to support . It is true that the employment injury insurance scheme of our country was formed and developed under the planning economic system, the attempt by the government to reform the employment injury insurance scheme has been done since 1996. And testing measurements of employment injury insurance for employees of enterprises as well as the criteria of employment injury evaluation were formulated afterwards. These regulations become the legal basis of the employment disputes arbitration committee and the people' s courts in dealing with cases of employment injury insurance. Through the judiciary practices, the author feels deeply that the legislation of employment injury compensation of our country needs further improvement, and the laws regulating some of the new situations and new problems rising in practical life are missing. And still, it is an urgent necessity to summarize and adjust the principles adopted in former practice.In this article, the author summarizes the present legislation governing employment injury compensation in our country. Following that, an introduction of the history and trend of the employment injury compensation scheme abroad are made. Then an discussion on the principles adopted and the existing problems in the judiciary practice of our country are given, and finally several corresponding suggestions concerning the perfection of the employment injury compensation scheme of our country are put forward.