现代企业工伤保险制度问题分析与预防对策研究

Analysis on the Problems of Modern Enterprise Work Injury Insurance System and Research on Preventive Measures

近年来,我国经济高速发展,为广大人民群众提供了更多的就业机会,然而工伤事故频发,工伤认定争议也日渐增多。解决工伤认定争议对劳动者、用人单位、社会来说都至关重要,劳动者合法享有的工伤保险权益应当予以保护。《工伤保险条例》的立法目的就是保障受伤害劳动者得到合理救治、分散用人单位风险和促进社会建立起工伤预防体系。就我国现行的工伤保险制度而言,视同工伤制度在立法和实践中还存在一些问题。目前我国视同工伤制度过于僵化,仍有思考和研究的空间。因此,解决工伤认定争议,完善视同工伤制度迫在眉睫。本文以视同工伤制度为主要研究对象,通过分析视同工伤制度争议的实践体现和视同工伤认定争议的产生原因,寻求视同工伤认定争议的解决路径,使得视同工伤制度更加符合我国国情,保障企业用工安全,保障劳动者的合法权益。通过分析,笔者认为可以从制度层面、企业层面和社会层面入手,完善我国视同工伤制度。

In recent years, China’s rapid economic development has provided more employment opportunities for the broad masses of the people. However, work-related accidents occur frequently, and the controversy over the identification of work-related injuries is also increasing. It is very important for workers, employers and society to solve the dispute over the identification of work-related injuries, and the legal rights and interests of workers’ work-related injuries insurance should be protected. The legislative purpose of “Regulations on Work Injury Insurance” is to ensure that injured workers get reasonable treatment, spread the risks of employers and promote the establishment of a work injury prevention system in society. As far as China’s current industrial injury insurance system is concerned, there are still some problems in the legislation and practice of the deemed industrial injury system. At present, China’s system of treating work-related injuries is too rigid, and there is still room for thinking and research. Therefore, it is extremely urgent to solve the dispute of industrial injury identification and improve the system of treating industrial injury as the same. This paper takes the system of deemed industrial injury as the main research object, and by analyzing the practical embodiment of the dispute of deemed industrial injury system and the causes of the dispute of deemed industrial injury identification, seeks the solution to the dispute of deemed industrial injury identification, so as to make the system of deemed industrial injury more in line with China’s national conditions, ensure the employment safety of enterprises and protect the legitimate rights and interests of workers. Through the analysis, the author thinks that we can start from the system level, the enterprise level and the social level to improve the system of treating industrial injury as the same in China.