The Research On Industrial Injury Insurance System For Practitioners In Sharing Economy

The rapid rise of the "Internet +" era has led to the vigorous development of the platform economy,the "ride-sharing" as the representative of the sharing economy gradually get into people's field of vision.The sharing economy provides convenience for the public and adds more jobs.Flexible employment under the Internet platform enables workers to have more flexible working hours and free working conditions,no longer bound to fixed workplaces.At the same time,they have more employment choices,and no longer adhere to traditional labor relations.However,because they face with many professional risks in the course of their work,the contradiction between the increasing number of cases of personal injury suffered by sharing economy practitioners for work reasons and the lack of compensation and relief system is becoming more and more serious.The current industrial injury insurance system can not effectively deal with and protect them.Although some people propose that commercial insurance can be used to solve the problem,the non-profit,sociality and insurance of industrial injury insurance system can not be replaced by commercial insurance.Therefore,how to make industrial injury insurance cover sharing economic practitioners is the challenge of new format to the industrial injury insurance system.On the one hand,the traditional industrial injury insurance system is still consistent with the premise of labor relations,resulting in most practitioners unable to enter the industrial injury identification procedure because they are unable to form "labor relations" with their employers.Even if labor relations are identified,the difficulty of identification is greatly increased because the flexible working hours and workplaces of sharing economy practitioners are unable to adapt to the elements of "time" and "space" in the current identification elements of industrial injury.On the other hand,the multiple employment relationship formed by great freedom of work and flexible choice increases the difficulty of insurance payment,resulting in the lack of the actual industrial injury insurance payment subject and the blank of the treatment payment subject.Based on the nature of "protection" of industrial injury insurance,we should properly block the relationship between traditional industrial injury insurance and labor relations,and bring sharing economic practitioners into the scope of protection of industrial injury insurance system.Specific to the construction of the system,the sharing economic platform as the biggest beneficiary should bear the responsibility of the main body of payment.The rate design can combine the risk size of the industry where the platform is located and the income and expenditure of industrial injury insurance funds in various regions,and implement the combination mode of "industry differential rate" and "floating rate".In the aspect of industrial injury identification,we should simplify the industrial injury application submission materials,weaken the "time elements" and "spatial elements" in the industrial injury identification elements,and appropriately reduce the difficulty of industrial injury identification for practitioners.For the determination of the subject of industrial injury compensation,the part of industrial injury compensation originally paid by the employer is now paid by the industrial injury insurance fund,and the minimum wage standard of the local government is used as the compensation standard.In the scope of industrial injury compensation,the termination of labor relations is the prerequisite for the acquisition of one-time disability grant and one-time medical grant.However,there is a possibility that the labor relationship between the sharing economic platform and practitioners is vague or even non-existent.Therefore,this part of the compensation is not applicable,and the one-time compensation is used for the monthly payment of industrial injury compensation.