试论我国工伤赔偿法律制度之完善——以建筑行业农民工为考察对象

建筑行业的高风险性与低工伤参保率形成了鲜明对比。造成建筑行业农民工工伤保险率低的主要原因有劳动关系不规范、企业违法成本低、尚未形成有效的惩罚机制,从业人员受教育程度低、法律意识和权利观念淡漠等。现行工伤保险法律制度存在着诸多缺陷,如劳动关系举证困难、工伤索赔程序复杂、成本高、工伤保险待遇支付制度不合理等,使得农民工发生工伤事故后往往会遭遇维权困境。因此,应当在法律上针对农民工这一弱势群体做出特别规定,实行劳动关系举证责任倒置制度,为未参加工伤保险工伤职工简化索赔程序,实行工伤保险基金预支付制度,完善一至四级农民工工伤保险待遇一次性支付制度。

On the Improvement of the Legal System of China＇s Workers＇ Compensation from Migrant Workers in the Construction Industry

The construction industry is a typical high-risk industry,the rate of work injury insurance application among the migrant workers is rather low.Taking the factors of the industry itself as well as the legal systems into consideration,I think that the non-standard Labor and Industrial Relations,the inefficiency of policy power,the incoordination between the relevant policies are the main reasons of the low rate of migrant workers’ work injury insurance application in the construction industry.Since there are still quite a lot of shortcomings and deficiencies exist in the present legal system of work injury insurance,such as the difficulty in offering evidences;the complex procedure for work injury claims,the high cost of work injury claims procedure and the illegitimacy in treatment of work injury insurance payment system,etc,the migrant workers always meet with difficult situations and do not know how to protect their rights and interests when work injuries happen.Thus,to improve the Work Injury Insurance System of China,we should to implement the Burden of proof in reverse system in proving the Labor and Industrial Relations,implement the pre-payment system in the Work Injury Insurance Funds,improve the one-time payment work injury insurance system for the migrant workers whose injuries are evaluated to be level 1 to level 4.