我国工伤待遇责任主体研究——从我国工伤保险基金先行支付制度谈起

Research on the Subject Liability in the Work-Related Injury Treatment—From the Advance Payment of the Work-Related Injury Insurance Funds

自雇佣关系产生以来,雇工即劳动者就处于弱势地位。当劳动者发生工伤时,其弱势地位则显得愈加明显,也更加刺眼。我国《工伤保险条例》的颁布意味着通过社会保险的方式,将职工工伤风险分散化。当用人单位为劳动者缴纳了工伤保险,相关工伤待遇则由社会保险基金支付,相反,则由用人单位支付,这一制度使得工伤待遇的追偿路径形成了"双轨制",不便于劳动者要求工伤待遇,更容易造成社会混乱。而根据国家责任原理,需要将劳动者与用人单位分离,将原来的"三角关系"转化为两种"对象关系",即国家作为工伤待遇的责任主体,直接与劳动者或用人单位联系。

Since the employment relations came into being, the employees, i.e. the laborers, have been in a vulnerable position. When the work-related injury happens in the laborers, the vulnerable position is more obvious and harsher. The issue of ＂Regulations on Work-Related Injury Insurances＂ means the risk of employees work-related injury is dispersed by means of social insurance. When the employer organizations pay work-related injury for the laborers, the relative work- related injury treatment is paid by social insurance fimds, on the contrary, paid by the employer organizations, such a system makes the recovery path of work-related injury treatment, the double-track pricing system, which is inconvenient for laborers to ask for work-related injury treatment, thus, easily leading to social chaos. According to the principle of state responsibility, it is necessary to separate the laborers and employer organizations, transfer the original ＂triangular relations＂ into two ＂object relations＂ , that means the state connects with the laborers or employer organizations directly as the subject of liabilities of work-related injury treatment.