Analysis Of Industrial Injury Compensation Between Mr.su And Silver Co, LTD

In the mining and construction industries widely exist illegal contract management, accompanied by employing special workers, the workers often do not sign a labor contract with the employing unit, once suffered from industrial injury accident, laborer must face confirmation of labor relations before applying for work-related injuries, the existence of labor relationship determines whether the laborer can apply for relief program of industrial injury compensation or not.In fact, the situation is complicated and diverse, the judgment of this kind of case in confirmation of labor relations has always been difficult and highly debated in practice, The fact is that at present in our country the judgment of labor relations mainly refer to the relevant regulatory documents,and without clear provisions of laws and regulations. Due to the absence of the legal basis, when the judge apply the law to the disputes of labor relations, feeling confused, giving rise to the fact that the same verdict according to different legal basis, which is not conducive to the solution of the dispute. In the trial of labor dispute cases, labor arbitration and the courts often refer to the original department [2005]12 file, the meaning of "labor responsibility" in article 4of the file is controversial.At the same time, although thereare some modification and perfection in industrial injury compensation system of our country, but the program problem is still the biggest obstacle for the laborer to get rights protection in industrial injury. A work-related injury compensation case has to go through confirmation of labor relations, industrial injury, labor ability appraisal,treatment of industrial injury insurance to pay, and many other links, often take years. Industrial injury compensation between Mr. Su and silver co, LTD reflects the problem above,this case from the first round of the arbitration of confirming labor relations, labor dispute of first instance and second instance, combined with industrial injury and labor ability appraisal, has taken one year and two months. The case has entered the stage of industrial injury treatment in labor arbitration, if going through the first instance and second instance again,it will take almost a year. To solve the above problems, it is necessary to define the standard of labor relations further, define that paying social insurance premium is the situation in ascertaining the facts of labor relations in laws or administrative rules and regulations;Standard legal language, in addition to using the concept of " worker-used- unit " in dispatch, using " employing unit";Perfecting the legislation of industrial injury compensation procedure, giving the social insurance administrative department the power of labor relations confirmation, Shortenthe time limit of industrial injury and labor ability appraisal,optimized the relief program of industrial injury, to protect the lawful rights and interests of workers to the largest extent.