Research On Legal System Of Worker’s Compensation Insurance For Employees Of New Business Format

Along with the development of Internet technology,flexible,efficient and convenient new industries are developing rapidly,and the number of employees in new industries is also increasing.With this,new industry employees are facing greater risk of occupational injury,but the existing Regulations on Occupational Injury Insurance are not well-defined,and new industry employees are "underinsured","uninsured" and "uninsured".The phenomenon of "omitted","uninsured" and "uninsured" is very serious.Therefore,there is an urgent need to construct a special regulation system of work injury insurance for employees in new industries in order to protect the rights and interests of work injury insurance for employees in new industries.This paper starts from sorting out the characteristics of occupational risks that are different between new industry practitioners and traditional practitioners,analyzes the problems of new industry practitioners’ participation in work injury insurance,and explores the construction of a work injury insurance system suitable for new industry practitioners in China by drawing on the legislative experience of overseas and domestic pilot regions.The main research contents of this paper are as follows.First,the characteristics of occupational injury risks of new industry employees.The paper compares the different characteristics of the risk of occupational injury of new industry employees and traditional employees,namely,the greater mobility of new industry employees,the greater intensity of work and the more difficult identification of occupational injury.Secondly,the dilemma of applying the law of occupational injury insurance for employees in new industries.Under the current legal framework of work-related injury insurance,there are difficulties in the application of law in the employee injury insurance of employees in new business formats,such as the identification of the insured entity and the labor relationship,the difficulty of implementing the collection and raising of insurance funds,the non-application of the three elements of work-related injury determination,and the difficulty of paying work-related injury insurance benefits.Thirdly,the experience and inspiration of the legal system of work injury insurance for employees in new industries at home and abroad.Drawing on the advanced legislative experience at home and abroad,the legal system of work injury insurance for employees in new industries is constructed in terms of expanding the scope of insured subjects,improving the contribution mechanism,appropriately relaxing the criteria of work injury recognition,and refining the payment of work injury treatment.Fourth,the construction of a special legal system of work injury insurance for employees in new industries.Based on the flexible working period,freedom of entry and exit,and dispersed workplace,the construction of special legal system of work injury insurance for employees in new industries needs to emphasize the compulsory and flexible participation,the difference of insurance fund rates,the flexibility of work injury recognition,and the target of work injury insurance treatment payment.To construct the special legal system of work injury insurance for people working in new industries,it is necessary to design the special regulation system around the scope of participating subjects,contributors,contribution standards and contribution methods,work injury recognition,and treatment items and payment standards of work injury insurance.