Research On Legal Issues Of Industrial Injury Insurance Treatment For Overage Workers

Over-age workers refer to those who have reached retirement age but are still seeking work opportunities in the labour market.However,at present,China’s labour laws and regulations and the corresponding social security system lack systematic protection for over-age workers,resulting in some over-age workers having difficulties in seeking redress for work-related injuries after suffering injuries.In the case of "Zhong XX v.A Health Management Institute",the two parties disputed whether the over-age workers who were not entitled to social security could be identified as having a labour relationship and whether they could enjoy work injury insurance treatment.For the determination of the labour relations of workers who are not entitled to social security,the first step is to solve the problem of the main qualification of the workers,through the analysis of relevant laws and regulations,it can be concluded that the main qualification of the workers needs to be integrated with the age and whether they have the corresponding working ability.In addition,the determination of labour relations should be made in the light of the specific situation and the nature of the industry,and over-age workers who are not entitled to social security may also form labour relations when they have certain special conditions.On the issue of enjoying work injury insurance treatment,the payment of work injury insurance treatment is the main manifestation of the employer’s responsibility for work injury insurance,so whether an over-aged worker can enjoy work injury insurance treatment should be based on the result of the work injury determination,and mainly to determine whether there are special circumstances that apply to the Work Injury Insurance Regulations.Aiming at the above disputes,only by improving China’s legal system relating to over-age workers and the inclusion of older workers in the field of workers’ compensation insurance can the judiciary avoid applying different legal norms to interpret whether over-age workers are entitled to work injury insurance treatment and decrease the phenomenon of "different court decisions in the same legal matter".