Study On The Law Of Industrial Injury Insurance For Migrant Workers In Construction Industry

With rapid urbanization and industrialization across the country,the demand for real estate development and urban infrastructure development has increased significantly,expanding the demand for and capacity for labor.Construction migrant workers,an important component of urban construction,support half of China’s industry.By the end of 2021,there were more than 300 million migrant workers in construction.The rights and interests of construction workers in industrial injury insurance are not well protected in practice,and the existing problems are obvious,mainly in the following aspects:(1)The proportion of construction enterprises signing labor contracts with construction migrant workers is low,and labor relations are difficult to determine.(2)The individual rights and legal remedies of migrant workers in the construction industry are few,and the responsibilities of the government are lacking.Analyze these problems,find out the reason that causes this kind of safeguard to be weak,can boil down to the following several aspects:First,the legal rank of the Industrial Injury Insurance Regulations is relatively low,namely,the administrative regulations have insufficient deterrent effect;Second,the scope of industrial injury insurance is not broad enough;Third,the construction of migrant workers in the litigation procedures are cumbersome,the cost is also higher.Therefore,in order to solve the above problems,we need to start from three levels:First,to raise the legislative rank;Second,the scope of industrial injury compensation should be expanded;Third,improve the relevant provisions of industrial injury insurance.Fourth,a multi-layered safeguard mechanism should be established.On the issue of migrant workers in construction industry,combining the system of extraterritorial jurisdiction and the practical experience of our country,the author puts forward the following suggestions for establishing the system of insurance against accidents at work and occupational diseases in construction industry:firstly,we must improve the legislative system,Introducing the Industrial Injury Insurance Law,raise the level of industrial injury insurance legislation,raise the level of protection of industrial injury rights and interests of migrant workers in construction industry,and make special provisions for this group.At the same time,it is necessary to perfect the special litigation procedure suitable for construction workers’ work injury insurance,refine the relevant legislative provisions and improve the supervision mechanism of labor rights and interests protection.Secondly,we should mold professional and efficient work injury identification,formulate general provisions for work injury identification,adjust the scope of work injury identification subject,give the people’s court the right to work injury identification,and downplay the role of labor relations in obtaining work injury insurance.At the same time,we should improve the advance payment system,simplify the advance payment procedure and promote the linkage of recovery departments.Finally,we should strengthen the prevention and rehabilitation of industrial accidents,clarify the responsibilities of the government,and strengthen the supervision and supervision of the protection of the rights and interests of migrant workers in the construction industry.Through these four aspects for the construction of migrant workers to follow up on the relief of worry.