Construction Workers’ Compensation Insurance Issues

Injury insurance as part of the Social Security, it can effectively protect the workers to be compensated promptly after suffering from work-related accidents or occupational diseases,it is conducive to treatment and rehabilitation of injured workers, it is a very important system of workers.after the promulgated of industrial injury insurance regulations on January1,2011,the establishment and implementation of the work-related injury insurance system in China rose to a new level,but there are also still some defects.For example,the system coverage area is not comprehensive enough, the application procedures are still not convenient,and this lead to few migrant workers join the industrial injury insurance.The issue of migrant workers is one of the major subjects related to China’s economic, political,social stability and development, is need to be resolved immediately by the government and society that how to make the migrant workers groups enjoy the work injury insurance interests better and faster.The construction industry is a pillar industry to drive China’s economic growth,and it need a lot of workers,80%of the workers engaged in the construction work are migrant workers.The construction industry is a labor intensive industry,it has high risk industry,and it prone to accidents,so industrial injury insurance in the construction industry is very important to migrant workers,it determines whether the safety of the lives of migrant workers can be effectively protected.This article tries reveal the problems that exist in the migrant workers’ compensation insurance through the study of literature and regulations,Analysis the reasons of the existence of problem from the legislation, the functions of the government, enterprises and migrant workers themselves, and a preliminary solution is put forward.The first chapter illustrates the related concepts of migrant workers.Points out the causes of the characteristics of migrant workers and migrant workers groups according to the relevant domestic laws and regulations and the interpretation of the scholars and combining the concrete national conditions of our country;and pointed out that migrant workers need to participate in the work-related injury insurance from migrant workers own qualities and professional characteristics.The second chapter expounds the inductrial injury insurance system principle and social function from the development history of inductrial injury insurance at home and abroad.Inductrial injury insurance according to the following principles:the principle of no liability compensation,the principle of distinguish between work-related injuries and non-work-related injuries,the principle of compensation for lost wages and the principle of combining prevention, rehabilitation, compensation.It has provide the injured worker medical treatment and the necessary living expenses and improve the level of enterprise safety in production, and other functions.The third chapter reveals the status quo of China’s migrant workers’ compensation insurance from estimation data released by the official and non-governmental organizations.The following problems in the pointed out that migrant workers groups:low proportion of participating in the work-related injury insurance,willingness to participate in a work-related injury insurance is not high,high surrender rate and so on. Inductrial injury insurance field exists the following problems:legal system is imperfect,lack of connection mechanism,shortage of funds and so on.The fourth chapter is carries on the analysis about the present situation of rural migrant workers industrial injury insurance and find root cause behind the status quo.They are:legislative level is insufficient,Dual Census Register System is unreasonable,relevant government departments is irresponsible,enterprises avoid responsibility,migrant workers’rights awareness is poor,the fifth chapter for the perfection of construction migrant workers industrial injury insurance system in China puts forward preliminary suggestions on the basis of analyzing the reasons,mainly for the dual household registration system and the current government should play a positive role in work-related injury insurance system.The key point of this paper is that the dual household registration system is the essential cause of workers injury insurance. Governments only pay attention to economic benefits but neglect the political rights of migrant workers. This situation cases a problem that society, enterprises and workers themselves ignore injury insurance. Migrant worker is a powerful undercurrent in the process of Chinese urbanization and modernization. More conscious protection and effective guidance for migrant workers are powerful way to solve worker’s "marginalisation" question. It will also be a good starting point to finish the social structure transformation and achieve the urbanization.