A Study On The Conduction Path And Compensation Mechanisms For Occupational Risk Of Migrant Workers

Since the reform and opening up30years ago China has made remarkable achievements due to the economic reform measures. Accompanied by the rapid advance of industrialization and urbanization, as well as the rapid development of private economy, the employment structure in our country turned out significant changes, a prominent characterization is hundreds of millions of migrant workers in droves into the cities and they became the new generation of industrial workers. Due to the lack of highly educated and work skills, these migrant workers with dreams and the expectations of wealth can only be forced to engage in the most low-end and most dangerous work, a substantial proportion of them had to work year round in harsh environments hazardous to their health. The migrant workers suffering from occupational diseases in recent years has been a linear upward trend as they understand little knowledge of occupational hazards, coupled with the lack of appropriate protective measures.To protect the legitimate rights and interests of migrant workers, improve the compensation system of the occupational diseases is the important guarantee for China’s sustainable economic development as well as the inevitable requirements for the stability of China’s industrial workforce. However, the defects in the existing occupational disease identification and claims system caused the rights of migrant workers occupational diseases is extremely affected, more and more such cases of poverty or death caused by disability occurred. The individual risk could evolve into the social risks if their legitimate rights and interests are not protected or personal injury are not due compensation. Based on the social risk management, it is the inevitable requirement for a harmonious society and of great theoretical value and practical significance to build occupational risks prevention system, improve the insurance compensation mechanism for migrant workers.This dissertation studies firstly the development process of occupational injury compensation system in the Western developed countries, and then summarizes the research achievements at home and abroad on the prevention of occupational diseases and compensation system. This dissertation also analyzes characteristics of education, industry, gender and age of occupational illness groups of migrant workers by field research and survey, expert advice and finds out the impact of migrant workers occupational disease on individuals, families and social society. Based on the perspective of the social risk management, this dissertation points out that the occupational hazards faced by the urban industrial areas are shifting to the countryside and the mid-west region, small and medium-sized enterprises as well, but the compensation mechanisms and urban and rural social security system of occupational risk is not perfect and the risk is spreading to many families. The occupational groups of farmer accident could constitute the serious threat to the social harmony and stability and evolve into a social risk. The author thinks that the long-term compensation mechanism for migrant workers occupational disease, namely, compulsory injury insurance for the dominant, employer’s liability insurance, accident insurance, endowment insurance and medical insurance, commercial insurance for assisted, three-dimensional, the institutionalization of a compensation mechanism will protect the interests of the migrant workers, effectively resolve social risks and contradictions.The major features and innovations of this dissertation include:Firstly, occupational diseases not only cause harm to the migrant workers themselves, but also bring adverse effects on the psychological and economic to the their spouse, children and parents and it may lead to serious social problems if the patient’s insurance compensation claim are not properly dealt with. This dissertation intends to introduce the relative deprivation theory in social psychology, analysis of family responsibilities and expect-compensation of occupational diseases of the migrant workers and study the possible path of mass incidents from the perspective of the social risk management.Secondly, occupational diseases may cause patients’ cumulative and persistent harmful effects and require long-term rehabilitation compared with the common work-related injuries, therefore the standard of compensation and compensation period can not be exactly the same with ordinary work-related injuries. At the moment the compensation system of industrial injury insurance and occupational diseases is based on the degree of disability rather than the nature of the damage which resulting in insufficient funds for the most occupation patients. This dissertation suggests that the compensation system of industrial injury insurance is established based on the nature of the damage.Thirdly, the industrial injury insurance compensation beyond the capacity of the fund for patients as long-term rehabilitation characteristics of patients, this dissertation suggests that the multidimensional insurance compensation consisted of health insurance, employers liability insurance, pension insurance and personal accident insurance become compensation system and pay for patient’s disability benefits, medical expenses, living expenses and future pension expenditure and to prevent the possibility of social risks caused by occupational diseases.