我国工伤制度的问题与完善—基于合肥地区调研的思考

The Problems and Suggestions Relating to Industrial Injury System in China—Based on the Investigation in Hefei

本文是对安徽省合肥市劳动者、用人单位、仲裁员和工伤认定部门工作者所作的关于工伤职工维权状况的调查报告。调研结果显示,影响工伤事故发生的主要因素为:劳动者的技术熟练程度、行业的安全防护、用人单位的安全管理,以及公共交通的安全。调查还显示,发现劳动者的工伤权利在实践中被打折,影响打折的因素最主要的是工伤保险基金的缴纳状况是是否交纳。此外,调查还发现,在工伤制度的设置上,我国目前的制度也存在一些问题。在调研和访谈的基础上,本报告针对存在的问题提出三点建议:完善工伤预防制度,促进工伤交费制度和竞合制度的科学化;改善劳动者工伤权被打折的现状;完善工伤劳动者后续待遇相关制度。

This paper is a report on the rights of the workers suffered from industrial injuries based on the investigations on the injured workers, employers, arbitrators and government employees. The report shows that the elements that influenced the rate of industrial injuries include the skill efficiency of the workers, the protection in the industry, security management of the employers, and the public transportation. The report also shows that the rights of injured workers are often discounted in practice, which is mainly influenced by the payment of the premium of the industrial insurance. This report further finds that there exist some problems in the industrial injury insurance system. The report makes three suggestions to the current problems that include improving the systems on industrial injury prevention, the collection of industrial injury insurance premium, the combination of civil liability and the liability of industrial injury;changing the situation that the rights of the industrial injury of the workers are discounted;improving the treatment to the workers subsequent to the industrial injuries.