Research on the Legal System of Work-related Injury Insurance

Author: Zheng Shangyuan
Publisher:
Publish Date: 2004-08-01
Features: Industrial injury (industrial injury) is the term for occupational harm after the formation of industrial society. How to compensate and reimburse victims of occupational labor has always been a concern in the legal field. This book takes the leap from private law to social law in the rights relief of victims of occupational harm as its starting point, analyzing the differences in attributes between the two legal disciplines. Subsequently, it conducts an in-depth analysis and elaboration on the basic principles of the Work-Related Injury Insurance Law, the framework of specific legal systems, such as the identification of industrial injury, the assessment of labor capacity, work-related injury insurance benefits, work-related injury insurance funds, and the procedural law of work-related injury insurance. During the analysis, both the advantages and disadvantages of the current system are evaluated, and theoretical prospects are provided based on the social law attributes of the work-related injury insurance legal system. At the same time, it also elaborates on important components of the work-related injury insurance legal system—vocational rehabilitation and work-related injury prevention, which are significant remedies for the limitations of traditional private law. Finally, considering that China's work-related injury insurance legal system is still in its infancy and the implementation of the system is a gradual process, this book conducts relevant research on how workers in employers who do not participate in work-related injury insurance can seek rights relief after suffering occupational harm, which also confirms the argument that there is always a gradual process in the transition from traditional private law to social law and the restructuring of occupational harm compensation and reimbursement.