Case Analysis Of Dispute Over The Treatment Of Industrial Injury Insurance For Migrant Workers

With the continuous development of economy,society and urbanization,a large number of farmers leave the cultivated land and enter the production and management units such as mines and construction sites,and turn into another status as "migrant workers".In some mines,enterprises contract out projects to individuals who do not have the qualification to contract,and then employ migrant workers to perform labor services.In dealing with this kind of migrant workers' industrial injury insurance treatment,the labor relationship determines that the payment of industrial injury insurance treatment is a difficult point in practice,the processing procedure is not uniform,and the laborer is prone to get into a long litigation quagmire.This article selects four one to four disabled migrant workers' industrial injury insurance treatment dispute cases,the main The controversy focuses on who should pay the migrant workers' industrial injury insurance benefits and whether the disabled migrant workers of the first to fourth levels can voluntarily terminate their labor relations with the employing units.Whether can obtain economic compensation after labor relation is lifted because of inductrial injury initiative.For the solution of this series of problems,first of all,it should be made clear that the payment subject of the industrial injury insurance is the employer and the industrial insurance agency respectively,which is limited to the demarcation between labor law and administrative law.As a civil dispute settlement can only be paid to the employer part of the processing.It is suggested that the insured and non-insured workers should be dealt with in two ways.The civil claim after payment is the theoretical basis,which can be dealt with separately in the case of payment of work-related injury insurance benefits for the insured work-related injury workers,and can also be solved by the administrative litigation incidental to the civil law.For non-insured workers,the laborer chooses to pay in advance by the Industrial Insurance Fund or directly by the employing unit to overcome the problem of different judgments in the same case from the source.Secondly,determine the scope of responsibility of the subject of illegal contract,and then determine whether the relationship between the unit and the laborer is the labor relationship.On the premise of the establishment of labor relations,through the analysis of the nature of the right to rescind the labor relations,it is clear that one to four levels of work-related workers have the right to relieve their labor.The choice of relationship;Thirdly,although there is no clear stipulation in the laws and regulations on whether or not economic compensation can be obtained due to the termination of a labor contract due to work-related injuries,by analyzing the nature of the economic compensation and the scope of payment,We can see that in practice we should strictly limit the scope of payment to balance the rights and interests of employers and workers.Based on the analysis of the dispute focus of the case,this paper sums up the relevant experience of trial practice,strives to protect the legitimate rights and interests of migrant workers and employers from the practical level,maintains the social fairness and justice,and embodies the high efficiency of our country's judicature.The principle of "convenience for the people".