A Research On One-off Payments In Industrial Injury Insurance In China

Industrial injury insurance is not only a way for employers to share the risk of employment^but also assumes multiple social security responsibilities.Among them,Compensation for work-related injuries is still the focus of the operation of China's industrial injury insurance system at this stage,and it is the focus of workers'attention.The one-off payments system includes a one-off work death subsidy,a one-off disability subsidy,a one-off work-related medical subsidy,and a one-off disability employment subsidy,which is a direct method for the implementation of work-related injury compensation.It aims to fill and compensate th e losses and expenses' caused by work-related injuries.It is not only another exploration of academic theory,but also the key to connect with reality and pay attention to the livelihood security of the country.Paying attention to the needs of workers,ensuring their living needs after injury,and improving the one-off payments system of industrial injury insurance are important manifestations of easing labor-capital and social conflicts.However,due to the short-term implementation of the one-off payments system,the system design is relatively rough,and there are many problems and unscientific places in the practice process,it is necessary to sort out its framework and content,properly handle work-related accidents from the system design,and comfort and make up for the pain and losses suffered by each work-related injury from the material and spiritual aspects.Specific to each one-off payments,they have their own typical problems.F.irst of all,as far as the one-time death subsidy is concerned,its main problems are reflected in two aspects.One is that the subsidy standard for death subsidy is unreasonable,which is reflected in the national unified death treatment's payment pressure on industrial injury insurance funds around the country and the neglect of the actual needs of the families who have died,the second is that the treatment of workers and deaths in practice is paid to the workers by varying degrees of deficiency.Secondly,the issue of the one-off disability subsidy is reflected in the controversy over the mental compensation for the injured,and the compensation for the same type of work injury as the work-injured person,and the treatment is very different.Finally,in the one-off work-related medical subsidy(hereinafter referred to as the one-off medical subsidy)and the one-off disability employment subsidy(h ereinafter referred to as the one-off employment subsidy),on the one hand,the problem of each treatment itself,the one-off medical subsidy cannot guarantee accurate and sufficient medical insurance,and the base of the employment subsidy is set in confusion in all parts of a country.On the other hand,there are also some loose conditions and bases for starting the payment of the two subsidies.To correct its essence,the problems arising from the one-off payment system have some common reasons and sources.First of all,the emphasis is on the frequent occurrence of "discount"phenomenon for the injured or their deceased family members to obtain work-related injury treatment due to the lack of compulsory force of industrial injury insurance itself.The lack of compulsory force is reflected in the low insurance rate of the employing units,the lack of supervision over the establishment of industrial injury insurance relationships and the lack of compulsory force on the payment subjects.Secondly,it confuses the fault liability and the no-fault liability,making it impossible to cover the mental damage and insufficient treatment subsidy even though the treatment standard is blindly raised.Thirdly,the current industrial injury insurance relationship in our country is easy to cut off,which can cut off by not participating in the insurance,not fully paying the insurance fee,and receiving medical treatment and employment subsidy,thus causing difficulties in the follow-up treatment of the injured.Finally,the one-off medical treatment and employment subsidy regulations vary from place to place,making it virtually fragmented and difficult to achieve orderly unification.Therefore,in view of the problems that have arisen,and with reference to relevant foreign experiences,suggestions for improvement are put forward.First of all,it is necessary to perfect the subsidy standard of one-off death subsidy and establish a strict industrial injury insurance relationship registration system to improve the insufficient treatment in practice.Secondly,it is suggested that legislation should establish a subsidy system of giving priority to compensation for work-related injuries supplemented by civil compensation,and the mental losses of workers should be included in civil relief,so as to improve the setting of the treatment base for disability and employment subsidies.Finally,changing the mode of one-off medical subsidy payment to guarantee medical treatment,abolishing one-off medical subsidy,starting from the medical needs of the injured,establishing a lifelong medical treatment system for the injured,unifying the treatment base of employment subsidy,and improving the payment basis of subsidy can not only relieve the pressure of the fund,but also ensure the medical treatment and life of the injured.