A Study On The Legal Application Of Industrial Injury Insurance Treatment For Over-age Workers

Along with the aging of the population,the employment tide of overage workers has become an inevitable social phenomenon,and the administrative cases of overage workers' industrial injury insurance treatment have also emerged in large numbers.However,due to the lack of provisions in current legislation on the problem of industrial injury relief for this group,as to the legal nature of the employment relationship between overage workers and employers,whether the injury at work can be applied to the Regulation on Work-related Injury Insurance,as well as the problem of who should pay for the industrial injury insurance after being recognized as work-related injury,there have been arguments in academic and practical circles,different legislative cases have also appeared in various places,and the phenomenon of different judgments in the same case is particularly prominent in judicial practice.This kind of situation is not only to the disadvantage to the protection of the legitimate rights and interests of such groups,but also contrary to judicial justice.This article selects the case about the payment for industrial injury insurance treatment between Wang and certain district social security bureau,and makes detailed analysis from the aspect of whether the over-aged laborer could form labor relations with the employer,whether the over-aged laborer could participate in industrial injury insurance and who should pay the compensation of industrial injury insurance,one by one.Through the analysis of the relevant laws and regulations,the author thinks that the labor rights of overage workers are not eliminated when they have reached the legal retirement age,and they can still form labor relationships with the employing units,and can be applied to the Regulation on Work-related Injury Insurance and the Social Insurance Law,also,they have the rights to participate in industrial injury insurance,when industrial injury occurs,corresponding treatment should be paid by the Industrial injury Insurance Fund.As we can see from this case,different legal application directly affects the outcome of the case.In order to prove this,the author combs the legislation and judicial practice related to the treatment of industrial injury insurance for persons beyond the legal retirement age,and found that the confusion of the legal norms themselves and the confusion in the process of application of law for the courts are the main reasons for the difficulties in the application of law in such cases.On the basis of the analysis of the causes,and in view of the difficulties and problems existing in the application of the law in this kind of cases,the author suggests that the overage workers should be clearly defined through legislation or judicial interpretation,and the overage workers should be included in the adjustment scope of the Regulation on Work-related Injury Insurance,and so on,so as to unify understanding and reduce differences,putting overage workers better into the industrial injury insurance relief system.At the same time,by clarifying the applicable rules of normative documents,strictly standardizing the application of administrative normative documents in such cases,giving full play to the adjudication functions of the courts,strengthening the reasoning value,and earnestly safeguarding the legitimate rights and interests of overage workers to change the situation of different judgments in the same case.