Labor Dispatch Injury Damages Issues

Since people into the industrial society, more and more workers are damaged by industrial injury and the proportion is more and more high also. So,how to relief the workers who damaged by industrial injury become very meaningful, especially in the labor dispatch. Due to the labor dispatch includes three subjects, its legal relationship more complicated. There is no doubt, the establishment of industrial injury insurance system has played a great role in promoting laborers’legitimate rights and interests protection, however, the requirement is must have the labor relationship between both sides. According to the current labor law and related regulations in our country, whether belongs to the labor relationship between both sides need to see if it belongs to the labor law on "employment".So we also need to define the meaning of labor and its constitutive requirements clearly, especially the legal relations between the three parties in the labor dispatch to divide the responsibility for both sides distinctly. About the meaning of "labor", the use theory and control theory can be summarized as two types, and its consequence in law is the establishment of labor relation, and this gives us a new train of thought and visual to define the legal relationship among the three bodies. Then, the author thinks that the labor relationship between dispatching agency and the dispatched works is a form of labor contract relationship; and there is labor relationship between employing unit and the dispatched workers in fact. But our labor law just sets the dispatching agency as the employer to perform its obligations.Through the above theoretical analysis, and combined with the current industrial injury compensation of the dispatched workers in our country, the author put forward some suggestions about the body of the application, the specific procedures, compensation standards and administrative supervision and so on to perfect our country’s industrial injury damages. Finally, we will make a brief introduction about relevant value orientation and principles in view of the above suggestion, in order to standardize the workers industrial injury compensation in our country and protect the lawful rights and interests of dispatched workers.