Research On Industrial Injury Compensation System For Workers In Chinese Construction Units

The construction industry is a typically labor-intensive and with the high rate of industrial accidents.Chinese relevant laws have stipulated the the remedy and treatment of the staff in the construction units and of other personnel when an accident happens,especially the "Industrial Injury Insurance Regulations" which clearly stipulates the types,identification standards,procedures and treatment,etc.of staff's injury.The stipulation ensures the basic rights of those,who suffer injuries in construction or suffer occupational disease,to obtain medical treatment and financial compensation,promotes the prevention of industrial injury and occupation rehabilitation,and disperses the industrial injury risk of construction units.However,in the process of construction,because of the multiple sending and contracting modes,the complex relationship between the personnel engaged in specific construction and units,and the ambiguous responsibility of industrial injury after the accident,both the employer and the contractor escape from and shift the responsibility of compensation so that those injured in accident can not be guaranteed the rights of work-related injury identification and obtaining compensation,etc.Therefore,it is of theoretical value and practical significance to study and perfect the system of industrial injury compensation for various types of personnel in construction units.This paper,problem oriented and starting from the legislative status of the industrial injury compensation system for personnel in Chinese construction units,will try to reveal the existing problems such as the mechanism of labor relations,the standards of industrial injury identification,and the superposition of various kinds of insurance,etc.and put forward suggestions to solve these problems.This article is divided into three parts:Part One expounds the legislative status on the responsibility subject of compensation,compensation object and the principle of compensation responsibility for the personnel in Chinese construction units.Part Two points out the problems existing in the compensation system for workers in Chinese construction units.These problems mainly include:the contradiction between industrial injury identification and labor relations confirmation mechanism in construction units,the defects in the standards of personnel industrial injury identification,the conflict between industrial injury insurance compensation and commercial insurance compensation,the no-joining between the compensation of industrial injury insurance and the compensation of the third party's tort damage.Part Three gives suggestions on the problems mentioned above.First,improve the confirmation mechanism of labor relations in construction units.Second,improve the identification standard of industrial injury in construction.Third,coordinate the compensation superposition of industrial injury insurance and commercial insurance.Fourth,coordinate the compensation superposition of industrial injury insurance and the third party's tort damage.Fifth,build the guarantee mechanism of compensation for personnel in construction units.