On Occupational Injury Protection System Of Platform Economy Employees

With the vigorous development of the platform economy,the practitioners of the platform economy,as a new professional group,have gradually attracted wide attention from the society.While they have made important contributions to China’s economic and social development,the problem of occupational injuries they face has always been a topic of social discussion.Under the platform economy,the platform sets management rules through algorithms.For platform practitioners such as couriers,takeaways and online car drivers,in order to prevent them from violating the working hours or workload set by the algorithms,they often violate traffic rules and social order,such as running a red light,but once an accident occurs,it is difficult to find an employer who is responsible because of the concealment of algorithm management,especially in the current situation where social insurance is linked to labor relations.It is more and more difficult for these employees to relieve occupational injuries,and the occupational injury protection is faced with problems such as high occupational risk,vague identification of labor relations,and difficulty in identifying occupational injuries.Therefore,it is necessary to establish an occupational injury protection system for platform economy practitioners.However,there are still many controversies about the construction of occupational injury protection system for platform economy practitioners.Comprehensive academic views on specific system selection,including incorporating the current industrial injury insurance system,establishing industrial injury insurance for platform practitioners and establishing a separate occupational injury protection system,provide a path choice for the construction of occupational injury protection system for platform practitioners.The theories of workers’ equal employment rights,social insurance rights and occupational safety and health rights demonstrate the legitimate basis of providing occupational injury protection for platform employees from the perspective of rights,while the transformation of platform employment mode and the practical dilemma of platform employees’ lack of occupational risk dispersion mechanism also provide the necessary basis for establishing occupational injury protection system.Judging from the current situation of occupational injury protection system for platform economy practitioners in China,policies and regulations on occupational injury protection for platform economy practitioners have been issued at the national level,and the exploration of occupational injury protection system has been carried out at the local level,which has important reference significance for building a perfect occupational injury protection system.However,there are still many problems in occupational injury insurance pilot,including the unclear positioning of the occupational injury protection system,the unclear rules of occupational injury identification,the failure to establish the pre-prevention mechanism of occupational injury,and the imperfect payment and protection mechanism of occupational injury insurance.In view of the above problems,while referring to the provisions of the occupational injury insurance system for platform economy practitioners in typical foreign countries,with the construction of a separate occupational injury insurance system for platform practitioners as the core,and provides perfect suggestions from the perspectives of clarifying the social insurance attributes of the system,perfecting the rules for identifying occupational injuries,and improving the occupational injury prevention mechanism,focusing on expanding the scope of participation in occupational injury insurance in terms of specific participation fees and security benefits.Incorporate employees who cannot join industrial injury insurance because they have not established labor relations,break through the principle that workers do not need to pay fees,and at the same time,the design of payment should be tailored to the characteristics of employees.In terms of ensuring treatment,the focus should be on the payment,treatment level and payment of treatment,with the focus on ensuring the basic medical and living security needs of employees who have suffered occupational injuries.