Inductrial Injury Insurance Legal System

Inductrial injury insurance system, it is to point to by the employing unit pay inductrial injury insurance cost, because working reason for the workers or in the provision of some special cases suffer accident harm to perhaps contract occupational disease, temporarily or permanently, lose labor ability and death, laborer or its involuntary discharge for treatment of inductrial injury insurance according to law, the system of insurance of a society.In China on the concept of inductrial injury insurance first appeared in1996the labor department "issued by the enterprise worker inductrial injury insurance try out method", in order to adapt to the needs of society and security because inductrial injury or occupational disease suffer accident harm to the worker to get timely and effective medical treatment and economic compensation, stimulative inductrial injury prevention and enterprise worker vocational rehabilitation, scattered employing units of inductrial injury risk, the state council on January1,2004through the "byelaw of inductrial injury insurance" the implementation. Since the implementation of the regulations from, because suffer for the laborer inductrial injury treatment in time and a great role play compensation, and, to some extent, guarantee the enterprise inductrial injury worker the legitimate rights and interests of the employing units of the spread of inductrial injury risk. But because our country inductrial injury insurance system start later, and the economic development of our country’s speed is faster, which the country’s inductrial injury insurance system can’t keep up with the development of the society, therefore, the state council on December20,2010and approved the new "byelaw of inductrial injury insurance, and in January1,2011has started.But with the world’s developed countries mature inductrial injury insurance system, in comparison of inductrial injury insurance system in our country are not perfect. Mainly reflects in: inductrial injury insurance CanBaoLv low; The treatment of inductrial injury insurance is not perfect; Inductrial injury insurance compensation range of unity; Inductrial injury insurance treatment and low weight light in the prevention of compensation mechanism. In Germany, for example, the perfect inductrial injury insurance system of the coverage is almost the employees, and compared the coverage of the our country is little part of it. And Germany the treatment of inductrial injury insurance and compensation range the national basic is the same, there is no difference between the area, and the work injury insurance prescribed by the kind of treatment is meticulous, facilitate laborer and unit of choose and employ persons choose consultation between the parties. Compare to China, Germany of inductrial injury insurance is the amount of compensation for very high, and the compensation for the economic development of along with the native wages and prices, in the kept adjustment, this also is helpful for guaranteeing inductrial injury worker standard of living. Most countries in the world have realized perfect inductrial injury accident prevention measures of inductrial injury compensation after than better, can reduce the loss of interest, therefore, most of the countries, how to prevent inductrial injury accident as the premise of inductrial injury insurance, inductrial injury compensation just auxiliary function, such not only can greatly reduce inductrial injury accident, and only later do the compensation and to compare, more can greatly reduce the waste of social resources.This paper analyzed by the actual case to inductrial injury insurance application in practical life, and operate the to our country the existing inductrial injury insurance system, puts forward the existing inductrial injury insurance system existed in some defects, at the same time and the other countries of the world of inductrial injury insurance system perfect, in comparison to our country the inductrial injury insurance perfect the system of the proposed several amendments.