Research On Protection Of Industrial Injury Insurance Rights Of Overage Workers

In recent years,as the population ages and the average life expectancy increases in China,a large number of overage workers are still working,and the situation of “working at the age of retirement” has become a common social phenomenon in current labor market.Although it is possible to suffer occupational injuries as long as they work,overage workers are more likely to suffer occupational injuries in the same position than working-age workers due to their age,physical sensitivity,reaction ability,etc.However,there are no relevant provisions in China’s labor legislation to protect the rights and interests of overage workers in terms of work-related injury insurance.According to the provisions of the Labor Contract Law and its implementing regulations,workers are entitled to basic endowment insurance treatment according to the law,or when the worker reaches the legal retirement age,the labor contract is terminated.Accordingly,service relations rather than labor relations is established between the overage workers and the employers.However,according to the relevant provisions of the Regulations on Work-related Injury Insurance and the Measures for the Recognition of Work-related Injury Insurance,only occupational injuries that are predicated on labor relations can be recognized as work injuries.Therefore,when an overage worker suffers a work-related injury or death,he can neither be recognized as a work-related injury nor be entitled to work-related injury insurance treatment.At present,although the normative documents of individual places have included those overage workers who have exceeded the statutory retirement age but have not retired or not enjoyed the basic pension insurance benefits into the scope of work-related injury recognition,workers who have exceeded the statutory retirement age and have retired or enjoyed the basic pension insurance benefits are still excluded from the work-related injury recognition.At the same time,the problem of different judgments in the same case is still relatively serious in judicial practice.The right to workers’ work-related injury insurance is a fundamental right of workers,and cannot be unprotected just because they are over the legal retirement age.There is both a theoretical basis and a practical necessity to improve the protection of overage workers’ rights and interests in work-related injuries.We should learn from the experience of related countries,combine the actual situation of China and the special features of work-related injury insurance for overage workers,and improve the system of protecting the rights and interests of work-related injury insurance for overage workers.