Research On The Protection Of Rights And Interests Of Over-age Workers In Work-related Injury Insurance

The aging trend of the population has led to a wave of overage employment,and the phenomenon of overage employment is inevitable.The protection of industrial injury insurance rights and interests of overage workers involves the identification of industrial injury and the compensation of industrial injury insurance for overage workers.The disunity of judicial practice is the epitome of imperfect system,which reflects the defects and disputes in the system of overage employment injury insurance.In the face of the system dilemma,we should base on the Chinese context,pay attention to the reference of the typical national and regional industrial injury insurance system has been relatively mature system arrangement and judicial practice experience.On the basis of the above empirical research,this article further expansion theory combing,centered over age workers industrial injury insurance rights and interests protection path of theory of labor law and social insurance law theory,on the one hand,analysis concluded that older workers because of the labor relationship with unit of choose and employ persons is qualitative as special working relationship with the qualification of inductrial injury insurance rights and interests,on the other hand explores industrial injury abandon restrict the rationality of the assumption of labor relations,two kinds of path all roads lead to Rome,all is in order to give workers identity in twilight zone over age workers enjoy treatment of inductrial injury insurance to provide theoretical support.Empirical study and theory is the purpose of the system construction,so this paper final foothold lies in:to face the overage workers for "overage" physical characteristics exist high inductrial injury risk of particularity,balance over age security burden with unit of choose and employ persons of the rights and interests of workers,the relationship between the social security system,put forward to promote national,local,unit of choose and employ persons form a resultant force feasible Suggestions,so as to provide full and effective for older workers industrial injury insurance rights and interests protection.Based on the above ideas,the paper is divided into six chapters,with the basic contents as follows:Chapter one introduction.Firstly,the research background and significance of this paper are summarized.Secondly,the research status of industrial injury insurance protection for overage workers at home and abroad is summarized,and the research ideas of this paper are formed on this basis.Finally,the research method and innovation of this paper are expounded.The second chapter is the focus of this paper,empirical analysis of China's overage workers workers injury insurance rights and interests protection of the macro-state.With the help of the judicial practice of overage workers' compensation insurance protection cases reverse exploration of the system causes of overage workers'compensation insurance dilemma.The empirical research mainly focuses on the problems such as the existence of multiple treatment modes,the treatment results of the protection of industrial injury insurance rights and interests of overage workers,and the unequal levels of industrial injury insurance benefits enjoyed by overage workers.The third chapter looks into the current situation and dilemma of the industrial injury insurance protection system for overage workers in China.Found around the national legislation of fuzziness in overage differentiation obvious workers treatment of inductrial injury insurance regulations and system arrangement is not clear identity orientation,confusion over age workers labor law criteria,fuzzy recognition of the labor relations and labor relations defined premise relations,specific provision effectiveness level is too low,the lack of speaking,and many other problems.Chapter four,absorbing and drawing lessons from the industrial injury insurance system of overage workers.By referring to the typical national and regional industrial injury insurance systems that have made remarkable achievements in regulating the industrial injury insurance rights and interests of overage workers,the author hopes to construct and improve the framework of industrial injury insurance system for overage workers in China.Prohibition of age discrimination in employment,legislation to clarify the identity of over-age workers,setting aside the limitation of other factors other than employment facts on the identification of industrial injury,the possible expansion of industrial injury insurance coverage,and the equal emphasis on industrial injury prevention and rehabilitation are the direction of many years of efforts by countries and regions outside the region,and also the content that China should learn.The fifth chapter is the difficulty of this paper,combing out the theoretical basis and path of the protection of industrial injury insurance rights and interests of overage workers.Firstly,the definition and manifestation of the group of overage workers are made clear,and the necessity of overage workers to enjoy the rights and interests of industrial injury insurance is discussed from the perspectives of labor rights,the protection of the rights and interests of the elderly and the legal significance of retirement.According to the current legislation design in China,the legal relationship established between overage workers and employing units should be defined as a special labor relationship,and the regulations on industrial injury insurance should be naturally applied.The starting point and landing point of the theoretical path of labor law and social security law are the same,both of which are for the protection of workers' compensation insurance rights and interests of overage workers.The sixth chapter is also the focus of this paper,focusing on the construction of China's overage workers injury insurance rights protection system.Measures and Suggestions are put forward to improve the protection of industrial injury insurance rights and interests of overage workers at national level,local level and employers.At the same time,it puts forward the supporting measures to standardize the protection of the workers' compensation insurance rights and interests of the over-aged workers,and encourages local governments and employers to assume the corresponding obligation to guarantee the risks of the over-aged workers' compensation.