| In this paper, from a encountered in practice of typical inductrial injury disputes of migrant workers Liu Moumou was 58 years old, in a certain site suffers accident harm, since the basic treatment of inductrial injury compensation has been slow to get cash, he had two industrial injury, two disability grade appraisal, labor arbitration procedures, finally led to the arbitration commission, mediation agreement with unit of choose and employ persons, but it was not until the agreement time of performance, unit of choose and employ persons still fails to perform the agreement content, he went on to the people’s court for compulsory execution.As a migrant workers reaching legal and emeritus age, he is neither enjoy endowment insurance treatment, also did not enjoy treatment of inductrial injury compensation, suffering to happily, but caused more thinking.Treatment of inductrial injury compensation claim application should be how to design what should enjoy what treatment, retired worker happening inductrial injury, and calculates the compensation package how to unify the standards, these are encountered in the treatment of inductrial injury worker in workers’ compensation claims process of entity and procedure on the plight of the paper from the following three aspects are analyzed.(a) treatment of inductrial injury compensation recover the program. Treatment of inductrial injury compensation recourse procedures are complex and time-consuming long, for the treatment of inductrial injury worker recover compensation are of great obstacles, from the strengthening of inductrial injury insurance expends mandatory, reset the tripartite relations, simplify the process of treatment of inductrial injury compensation recover Suggestions are put forward, (b) retire laborer inductrial injury compensation. Reach or are about to reach legal and emeritus age workers suffer damage can be maintain for inductrial injury accident, and maintain for inductrial injury after enjoying what inductrial injury treatment, based on the current legislative regulations of different provinces in the analysis, put forward the perfect retirement advice of laborer inductrial injury compensation system.(c)in the treatment of inductrial injury compensation calculation problem. During the treatment of inductrial injury compensation standard, the calculation and is closely related to the vital interests of inductrial injury worker, for they will actually enjoy what treatment have a significant impact, through to the average wage laborer the calculation standard and shutdown leaves firewood period, reach legal and emeritus age is one-time disable obtain employment grant-in-aid treatment plan hair starting point the two analyzes the problems in existing regulations, calculation of the period, put forward a unified standard and calculation period.These problems are the problems often encountered in handling labor dispute cases, due to the problems in legislation in our country did not make clear rules, so further increased the difficulty of case handling. And because has not yet formed a unified understanding and the practice, administrative interpretation, local regulations, case book quoted, and some of the local administrative authority to make a reply as "dense jungle mang", resulting in injury cases appeared a lot of controversy in the law practice, case result has great uncertainty, and is more serious consequences because of inductrial injury insurance "in the central and local, grassroots level of different refining, the elaboration of differences become more and more obvious, localization and the extent of the fragmentation of inductrial injury insurance will become more and more serious, connection with different sentence emerge in endlessly. Simplify the process of treatment of inductrial injury compensation claim, unified industrial injury scale and calculation standards, specifications laid on legal basis is to properly resolve disputes, inductrial injury of inductrial injury worker protection, regulating the behavior of enterprise employee and improve one characteristic of unit of choose and employ persons labor safety awareness. This article from the perspective of practice, in-depth analysis of the causes of these problems, and combined with the case specific analysis, in order to provide similar cases with the Angle of theoretical analysis and practical operation. |
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