Comparing Study On The Workers' Compensation In United States And China

The implementation of workers' compensation is the first implementation and the most extensive social insurance system, and also is the most universal social insurance system. However, social security system in the past, workers' compensation compared to the reform of endowment insurance, unemployment insurance, medical insurance system is lagging behind, which form a serious discrepancy with the actual needs of the situation in China. Workers' compensation system was established based on the right to life and health of workers. In order to protect those who suffer work-relate injuries or occupational disease receive medical treatment and compensation, promote of work-relate injuries prevention and vocational rehabilitation and spread the risk of the work-relate injuries of employers, we should establish and improve the workers' compensation system. The article is the first work concerning systematic and comprehensive comparison of the workers' compensation between United States and China, to identify differences and shortcomings, to propose international experience for the system of workers' compensation of China.After consulting a large number U.S. data, the article introduces the historical background of Workers' Compensation Act, the development trends of workers' compensation and an overview of the state insurance fund. The comparing study deals with all sides of the worker's compensation, from the history and development to the actual system. of the origin and historical development process to the existing basic system, to compare each of the similarities and differences between the two systems and find the reasons. Through analysis of the legislative process of the workers' compensation, a comparative study on workers' compensation law, coverage, work-related injuries treatment, organization, variety of the system, work-related injury prevention and occupational rehabilitation and found that differences of workers' compensation is mainly due to the different national conditions and institution maturity, it reflect in the difference of organizations and legal protection and the way. By the analysis of workers' compensation, the main problems and contradictions: the distempered legislation, narrow coverage, low work-related injuries compensation, the imperfect organization, underdevelopment employer's liability insurance, lack initiative of work-relate injury prevention and rehabilitation. Although the workers' compensation system in China has been great progress and development, there are also many problems. Based on the analysis, the article proposes the improve measures: we should speed the construction of workers' compensation law, the workers' compensation laws in developed countries are strong. Improving the legislative level means improving the legal effect, it is more conducive to carrying out workers' compensation practical; To expand the coverage of the insured, wide coverage can ensure the implementation of social equity and the security of the social members, and ensure equal business opportunities, implement the competition principle of that efficiency is first; Improving treatment of workers' compensation, that need to develop an automatic adjustment mechanism, achieve the security functions of the workers' compensation; Completing organization and management functions and improving institutional capacity; encouraging and supporting the development of employers' liability insurance; strengthening injury prevention and occupational rehabilitation, establish and improve workers' compensation prevention, compensation and vocational rehabilitation Trinity system, which is inevitable requirement to implement the scientific concept of development, building a harmonious society.