| Aging population has become a global problem,while,additionally,China needs to deal with another problem that a number of people are not getting wealthy but getting old.As a result of the Family Planning policy,nowadays,most people are the only child in their family,which means that they have more pressures from supporting parents than those who have siblings.All these situations lead to the employment of overage workers has become an inevitable upsurge.Overage laborers,like other employees,have the possibility of suffering industrial injuries when participating in social work.However,the law system in our country is particularly deficient in identifying industrial injuries for this group of old laborers,and there is no special legal protection for them.In the real judgment,the identification of an industrial injury and the implementation of protecting related rights and interests vary from case to case.Labor Laws,Labor Contract Law,Industrial Injury Insurance Regulations and other laws and regulations related to the interests of laborers do not include the interest protection for overage laborers.Therefore,the current system of protection for overage laborers can not meet the actual needs of this group.In recent years,industrial accidents of overage laborers are increasing.It is difficult to protect them through the existing legal system.here is a great controversy over the identification of overage laborers’ industrial injuries.Therefore,it is difficult for overage laborers to get industrial injury insurance relief.At present,there are many problems existing in the identification of industrial injuries for overage laborers in China,such as the unclear legal relationship between overage laborers and employers.If laborers need to apply for industrial injury identification,they must provide proofs of the labor relationship between themselves and employers.The issue of overage laborers are still controversial,so it is hardly possible to apply for industrial injury identification.In addition,the imperfection of the supporting legal system and the insufficiency of relief approaches undoubtedly lead to the plight of the identification of work-related injuries for overage laborers.On the contrary,with relatively improved industrial injury insurance systems,countries such as Europe and the United States,can adequately protected the vital interests for overage laborers,and handle industrial injury issues.Moreover,these countries have a high rate of industrial injury insurance and the perfect industrial injury treatment system.They pay attention to the prevention of industrial injury and post-injury rehabilitation,so that the overage laborers in these countries need to face less difficulties when they have industrial injuries.Considering the actual situation of our country,we can adopt the following methods to solve this problem.Firstly,clarifying legal relation between overage laborers and employers is a breakthrough to solve this problem.Only in this way can we provide the preconditions for the subsequent identification of industrial injury.Secondly,we should improve the laws and regulations for the protection of overage laborers and provide them with institutional support for the identification of work-related injuries.Thirdly,improving the legal relief for overage laborers is an important way to realize the rights of this group.At last,overage laborers,governments and companies should all pay attention to this issue and oppose the age discrimination in employment,which is also beneficial to the overage laborers.It is unavoidable for workers to suffer industrial injuries during work.Therefore,China should proactively seek solutions to the problem and pay attention to the protection of the interests of this group.What’s more,we should pay attention to the protection of the interests of the group and learn from the overseas methods of the identification of work-related injuries.At the same time,combined with China’s actual situations,we should seek the best way to solve this problem. |
