Analysis of high-risk enterprises for workers' compensation insurance system improvement

Abstract: As a social security system, an important part of the construction, industrial injury insurance only can effectively decompose the risk of labor units, more importantly, be able to effectively protect the security interests of migrant workers, for high-risk businesses is especially true of migrant workers The state has traditionally attached great importance to high-risk business of migrant workers industrial injury insurance issues, the State Council and local governments have also introduced a number of policies, but still, there are still many problems in urgent need of high risk from multiple perspectives on enterprise workers' compensation insurance system to perfect .

Paper Keywords: high-risk enterprises, migrant workers, industrial injury insurance

Injury insurance as a social security system an important part, not only can effectively break down the risk of labor units, more importantly, be able to effectively protect the rights and interests of migrant workers secure, high-risk enterprise for migrant workers especially. Countries traditionally also attaches great importance to high-risk business of migrant workers industrial injury insurance issues, the State Council and local governments have also introduced a number of policies, but still, there are still many problems in urgent need of high-risk from multiple perspectives enterprise workers' compensation insurance system be improved.

First, the development of workers' compensation insurance

Injury insurance as an important part of social insurance, refers to workers on the job or in specified exceptional circumstances, suffer accidental injury or occupational disease cause temporary or permanent incapacity and death, the workers or their families from the state and community access to medical treatment, social security, economic compensation, medical and vocational rehabilitation and other substances to help a social insurance system is both a national injury insurance system for workers to fulfill social responsibility, but also should enjoy the fundamental rights of workers, not only to protect the injured workers, medical care and basic life, but also help promote safe production, protection and development of the social productive forces as the construction of the social security system an important component of industrial injury insurance only can effectively decompose the risk of labor units, more importantly, be able to effectively protect the security interests of migrant workers. Party National Congress, the CPC Central Committee, the State Council has repeatedly made clear instructions to solve the problems of migrant workers, the peasants working the process of industrialization in China is an important part of the industrial army, to give a clear positioning and localities have also begun to workers' compensation insurers introduced a number of policies, such as the 2004 Beijing for high-risk business of migrant workers industrial injury insurance problem introduced << Beijing foreign migrant workers industrial injury insurance Interim Measures >> and << foreign migrant workers to participate in the basic medical insurance temporary Measures >>, etc., try to solve the high-risk companies for workers' compensation insurance.

In 2006 the State Council issued on resolving the problem of migrant workers after a number of observations, to solve the problem of migrant workers is put on the important agenda, after which the Ministry of Human Resources and Social Security to implement the << State Council on the issue of migrant workers to solve Several Opinions >> (Guo Fa [2006] No. 5, specially formulated migrant workers "peace plan". "peace plan" in the nationwide implementation to migrant workers are concentrated, a higher degree of risk of injury mines, construction enterprises, focusing on . around can be combined with the actual situation to determine the local "peace plan" focus. mining, construction and small business areas, while other migrant workers to be more concentrated, a higher degree of risk of injury as a key enterprise. use about three years time, the mining, construction and high-risk enterprises basic coverage to migrant workers within the industrial injury insurance system.

In 2009, farmers in Henan Xinmi Zhang Chao "Inspection thoracotomy lung" high risk of exposure for workers 'compensation insurance business is attracting high-risk corporate social workers' compensation insurance issues of wide concern. Later, << The People's Republic of China Social Insurance Law >> by the Ministry of the Eleventh National People's Congress Standing Committee of the Seventeenth Meeting of October 28, 2010 through, December 8, 2010 the State Council executive meeting 136th after revision << Injury Insurance Ordinance, to further improve the work-related injury insurance system around the country have begun to implement the Social Insurance Law and Regulations >> << injury insurance provisions
At present the total migrant workers reached 253 million people, out of which 159 million migrant workers are people, to the end of 2011, with only more than 6800 million migrant workers covered by work injury insurance system according to this ratio, the national average participation rate of migrant workers is only 42.8 % if we consider the differences east and west, considering the high-risk industries and general industry differences in the western regions and in high-risk sectors such as non-coal mining, battery manufacturers and other enterprises, insurance rates will be lower and therefore, high-risk business of migrant workers industrial injury insurance issues deserve attention.

Second, high-risk corporate migrant workers industrial injury insurance problems

(Part of the high-risk companies are reluctant to migrant workers insured
Most SMEs do not want to participate in industrial injury insurance for migrant workers to pay, in order to avoid the risk of occupational diseases, they do not sign labor contracts with workers, and some workers to take frequent rotation way to evade injury insurance obligations. Currently, a number of high-risk enterprises In the presence of concealed injury insurance when the number of workers and total wages phenomenon, and some high-risk companies are just as some workers injury insurance formalities, especially not for migrant workers as well as seasonal employment and personnel for the short-term employment, did not follow << injuries Insurance Ordinance, the provisions of law for all workers injury insurance.

(Two groups of migrant workers generally lower educational level, weak sense of self-protection and rights

First, migrant workers lack the necessary knowledge and training on occupational health, many migrant workers do not know they are in hazardous work environment, do not know what they are paying labor, but also seriously damaging to their health, rights awareness is poor. Two is due to low levels of literacy, knowledge on injury insurance is relatively small. According to the National Bureau of Statistics released the latest data show that rural migrant worker, the illiterate (1.1%), primary education accounted for 10.6%, accounting for 64.8% of junior high school education, high school education accounted for 13.1%, 10.4% secondary school or above. Lower cultural quality makes them for the "injury insurance" is poorly understood at Nankai University, chaired by Professor Guan Xinping << rural labor employment social policy analysis >> Project survey found that nearly 33.7% and 41.7% of respondents do not know, have never even heard of industrial injury insurance.

(Three migrant workers in high-risk enterprise mobility, job insecurity

Migrant workers and their employers to sign the usually short-term or no fixed term labor contract, some construction units and even temporary employment personnel every day, maybe even employees do not understand the basic situation once an accident occurs, especially for certain chronic occupational disease, because it is difficult to determine the time, place, difficult to gather sufficient evidence and related diagnostic proof vest because of unknown things, the responsibility is difficult to identify, the enterprise is often shirking of responsibilities, leading victims rights of migrant workers in the road around the wall, interests can not be guaranteed.

(Four migrant workers industrial accident claims after complicated procedures

Migrant workers injured at work, not only the identification and characterization of injury for a long time, but ruling and proceedings complicated for handling workers' compensation cases to go through labor arbitration committee ruled that complicated cases to the judiciary should intervene in accordance with the prevailing < <Injury Insurance Regulations >> requirement to go through all the procedures related injuries again, it takes quite a long time. so cumbersome procedure would have been physically injured accident victims physically and mentally exhausted, not conducive to the protection of the rights of migrant workers. In practice, migrant workers in high-risk companies after an accident occurs, generally choose to compensation and corporate compounding, rather than selecting the tedious work injury insurance claims.

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Third, the high-risk enterprise workers' compensation Insurance System

(A high-risk enterprise to strengthen migrant workers industrial injury insurance and legal system
At present, China mainly relies on policies and measures to promote the progress of migrant workers industrial injury insurance, such as the Ministry of Human Resources and Social Security of migrant workers in 2006 formulated the "peace plan": in three years, the mining, construction and high-risk business of migrant workers basic coverage within the industrial injury insurance system. regional policy in place gradually migrant workers into the industrial injury insurance coverage, but the lack of a mandatory administrative rules, the majority of migrant workers in most areas is still insecure state. recommendations for Migrant Workers' Rights security-related legislation can learn from the experience of Germany, the injury prevention, compensation and rehabilitation combine the three, clearly defined for injury prevention and injury rehabilitation of capital investment, and jointly safeguard the legitimate rights and interests of migrant workers, while also on labor law norms to sort out, it provides relatively specific, improve their operability, focus on building a sound legal norms and sanctions and punitive measures against those who do not increase for migrant workers injury insurance enterprises punishment, so that there is luck operators realize that no exploits, thus truly protect the legitimate rights and interests of migrant workers.

(Two high-risk enterprises build preventive system for workers' compensation system

Looking at the world's developed countries, industrial injury insurance system system, improve injury prevention and effective institutional arrangements to safeguard the effectiveness of work-related injury insurance system, the primary mechanism and an important prerequisite. Workers' compensation injury prevention and rehabilitation than more basic, more fundamental protection of labor the health and lives. optimize injury prevention funding structure, strengthen the inspection of high-risk industries, monitoring and control other aspects of investment through the science budget to ensure injury prevention advocacy, education and training funds, and to ensure that injury prevention research funding other injury prevention funding and implementation of projects for disabled persons sustained injuries in the vocational rehabilitation training funds in place in time.

(Three companies to develop high-risk migrant workers for a specific injury insurance terms

In the development of workers' compensation insurance policy, first of all, we must take into account the mobility of migrant workers, job instability characteristics, should be changed monthly annual insurance coverage, the rate-making, they should refer to the average wage level of workers in the city and living expenses. Secondly, for certain chronic diseases claims, insurance liability period should follow the "accrual period", which can be considered as long as the occupational disease was made in a workplace infection, whenever you find that employers should be carried out Payout Again, work injury insurance reserves should be established to advance the system, for the employer did not participate in industrial injury insurance, migrant workers after an accident occurs, first to the social security fund injury insurance benefits paid by, followed by social security and other related departments to be chasing the employer discussion.

(Four high-risk enterprises simplify handling and workers' compensation insurance authorization procedures

In the process, it is necessary to improve and simplify related injuries, labor ability appraisal and injury treatment benefits and other procedures, improve efficiency, so that the rights of migrant workers industrial injury insurance are effectively implemented. Injured workers in the treatment of injuries, the application related injuries, labor ability appraisal, for arbitration, require the employer to pay industrial injury insurance benefits, you can set up similar to the "payment order" system for injured workers have been identified, if the employer is not a party to the industrial injury insurance for migrant workers can be submitted to the court costs of treatment or salary certificate directly to the court for the employer to pay medical fees, suspension with pay of wages and other costs associated with anticipated inevitable, after verification by the court ordered the employer to pay.

(Five high-risk enterprises to establish safeguards long-term mechanism for workers' compensation

Further integration of resources, optimize institutional structure of the "Prevention - Rehabilitation - compensation" mode in-depth reform, stick injury prevention excellent sound injury rehabilitation guidance to ensure that adequate financial compensation for migrant workers to establish a multi-level, long-term protection of the full range of work-related injuries mechanisms at work injury compensation, under the current system, should strengthen the implementation, innovation systems and management mode so that migrant workers can receive adequate and timely compensation for industrial injury insurance. insist on treatment and rehabilitation, work injury compensation after Pingcan insurance principles, migrant workers to do work-related injuries injury rehabilitation to make it possible to return to society and life.

(Six developing commercial insurance as a supplement

In a mature system of industrial injury insurance system, commercial insurance can not be ignored part of the industrial injury insurance protection by the government at all levels must take into account the social protection needs to protect a limited extent, employees can only be prescribed by law within the scale of compensation, and compensation How much gold is closely related with the monthly salary, in some cases, and can not meet the needs of victims in social work injury insurance is not perfect circumstances, the injury liability insurance, employer's liability insurance, personal accident insurance, commercial insurance as social insurance a useful supplement, and has broad prospects for development.

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