Protection Of The Rights And Interests Of Workers Over The Retirement Age Injured By Work

The increasing aging of the population has brought about the shortage of social labor supply,and the system of delayed retirement is already on the arrow,but it is still not triggered because of its great social impact.In reality,there are a large number of workers over retirement age.On the one hand,they contribute their physical or intellectual resources to the society and the employing units.On the other hand,they are self-reliant to solve the economic source of pension after retirement age.However,their rights and interests of work-related injuries in the process of providing work cannot be fully guaranteed because of the imperfect law.At present,the people's courts have two different results in dealing with disputes over the rights and interests of workers over retirement age due to work-related injuries.Some support the treatment of work-related injuries insurance,and some support the employer's liability for compensation.According to different laws,they follow different procedures and deal with different results,which may even lead to a world-wide difference.In this paper,the author summarizes the legal precedents of the work-related injuries of workers over retirement age,explores the legal origins,and discusses the legal basis of the protection mechanism of the rights and interests of workers over retirement age,and puts forward the ways to improve it.The main contents include:Firstly,from the practical thinking level,this paper investigates the background of social development,puts forward the actual problem of the difference in the treatment of work-related injuries among workers of retirement age,and confirms the positive significance of solving this problem.Secondly,from the judicial status quo level,through searching the judicial documents and statistical analysis,it proves that different opinions of the judicial opinions exist in reality.Thirdly,from the legislative analysis level,by combing the laws and regulations,comparing the similarities and differences,it proves that the judicial disorder originated from the unsystematic legal provisions.Fourthly,from the aspect of system construction,we should clarify the legal principles,clarify the basic theory,put forward that industrial injury insurance should be filed separately,enforce insurance on the basis of labor relations,set up reasonable rules for participation,and realize the balance of interests of all parties.Moreover,giving priority to the unification of judicial interpretation and encouraging commercial insurance are practical and feasible measures.