因工伤残一次性补助金的本质、水平及政策启示研究

A study of the essence,level and policy implications of the work-related disability's one-time subsidy

因工伤残一次性工伤医疗补助金与伤残就业补助金只是劳动能力受损后导致的工资收入损失的部分补偿,以农民工五至六级伤残为例,一次性工伤医疗补助金与伤残就业补助金对劳动力受损的工资收入平均替代不足50%。政策实践应将一次性工伤医疗补助金与伤残就业补助金视为伤残待遇的一次性支付,待遇水平取决于伤残年龄与受伤前工资水平。支付一次性工伤医疗补助金与伤残就业补助金后,工伤复发或伤情加重后的医疗费用由工伤保险基金承担。"合谋骗保"并非不当得利,而是工伤者通过非法定通道获取的应当利益。

The compensation of the work-related disability＇s one-time subsidy is only part of the wage loss of the disability. The average replacement rate of the lost wages by one-time injury subsidy and one-time employment subsidy is less than 50% for migrant workers with grade 5-6 disabilities. One-time medical subsidy and one-time employment subsidy should be considered as one-time disability benefits, and the level of which should depend on the disability level and the wages before disability. Medical costs of the injury recurrence or the aggravated disability should be burdened by the work-related injury insurance fund while the one-time medical subsidy and the one-time employment subsidy are paid off. The claim by conspiracy is the deserved benefit for the disabled workers.