| As the basis of the industrial injury insurance system,the identification of industrial injury is the premise of protecting the rights and interests of industrial injury workers,which is crucial to the protection of the rights and interests of workers.The era of "Internet +" has given birth to many flexible new labor patterns.The employment mode of home office has been widely advocated during the epidemic period,and the identification of work-related injuries accompanied by this work mode has increasingly become the focus of research in the theoretical and practical circles.Home office in reducing enterprise labor costs,reduce infrastructure investment,relieve traffic pressure,improve the environmental problems play an important role,but the particularity of home office workplace to industrial injury that the judgment challenges,the work environment of privacy increased the industrial injury of proof,the administrative organs in the process of industrial injury that the machinery of the law and the judicial organs from the perspective of legislation safeguard the legitimate rights and interests of the laborer each constraint,increased the difficulty of the rights of industrial injury relief.Through sorting out and analyzing the dispute focus in the home office industrial injury identification cases,combined with the industrial injury identification system itself For the existing problems,design the optimization path of home working injury identification from the following three aspects: set the general terms of working injury identification and clarify the concept of working position to improve the relevant legal norms;emphasize the burden of proof,further standardize the responsibilities of the employer and the working injury identification institution,reduce the difficulty of working time and working place;to realize the effective connection between administrative identification and judicial review,and ensure the standardized operation of the home office mode. |