Friday, March 30, 2012

The loss of undertaking to threaten that the limited fund is unables The industrial injury question of the earthquake calamity touches the soft rib of social insurance again

The loss of undertaking to threaten that the limited fund is unables The industrial injury question of the earthquake calamity touches the soft rib of social insurance again
The loss of undertaking to threaten that the limited fund is unables The industrial injury question of the earthquake calamity touches the soft rib of social insurance again
The earthquake disaster is attacked, the factory building collapses, a lot of labourers are injured even lost the life on the work position, who compensates their losses are deserved? What kind of difficult problem will industrial injury insurance after large calamity face to pay? "The industrial injury of the worker of disaster area asserts the work has been already fully under way at present. " Recently, work and tell reporters on the phone to the relevant persons in charge of the industrial injury insurance of drawing room of the social security in Sichuan Province, the working routine of the insurance of general industrial injury asserts the industrial injury first, then the condition of the injury is appraised, it is a payment problem of the treatment finally, this has a long time. On the relevant legal question of industrial injury after the calamity, reporters have interviewed relevant experts. Injured because of earthquake worker's applicable industrial injury insurance " so-called industrial injury on the work position, refer to the unexpected injury that the labourer receives because of fulfilling the duty in the course of working or working. According to the stipulations of insurance regulations of the industrial injury,at labourer is at work position or away on official business during receive by that the injuries on earthquake, should regard as the industrial injury, enjoy the treatment of industrial injury. " The labour law of Peking University and Deputy Director of research institute Ye JingYi of the social security law say. And for participating in the injuries and deaths of the staff members providing disaster relief of antidetonation, there is a relevant provision in the insurance regulations of the industrial injury: What is injured should be treated as the industrial injury in doing rescue and reliefing work etc. and safeguarding the interests of the State, public interests activity. The leaf quiet Yi introduces, some enterprises may not participate in the insurance of industrial injury according to the regulation, this kind of situation has a relevant provision in article 60 of insurance regulations of the industrial injury too: Not participating in the insurance of industrial injury, industrial injury takes place to the worker of employing unit, have been paid the expenses according to industrial injury insurance treatment project and standard that the regulations stipulate by this employing unit. "The unit has the duty to pay the insurance of industrial injury for the worker, it is a lesson too that this disaster has no enterprise participating in insurance of industrial injury to those. " JingYi Ye say, go bankrupt, have, pay industrial injury enterprise of insurance as to those for worker in earthquake calamity, need the country to issue the relevant policy to solve. Must speed up the steps of improving and conducting the level according to the Ministry of Finance, " notice on assigning the subsidy fund of health care " which Ministry of Civil Affairs, human resources, social security department, Ministry of Public Health issue on June 1, earthquake wounded consider at urgent medical treatment stage wounded's identity is difficult to distinguish, all treat and cure free during this period. Treat and cure the free medical treatment expenses to earthquake wounded that the medical health organ of stage takes place promptly, take state revenue and local finance as the core, the donated fund is supplemented. The number of casualties of the applicable industrial injury insurance of disaster area has not been counted yet at present, but the expert expects, take place in the period of job because of the earthquake, in all injuries and deaths total number, worker the number of casualties too many, worker die industrial injury and offer as a gift, belong to treatment total expenditure will one significant figure. Human resources and social security department Zhai YanLi, Deputy Director of information center think, this earthquake reflects again the social insurance conducts the level and crosses the low problem. Because much area industrial injury insurance is still the pool at county level, in the face of the burst of great disaster, the loss of undertaking to threaten that the limited fund balance is unable at alls. So, must speed up the steps of improving and conducting the level and it is even national pool to realize the whole province, could really improve the ability against risk of funds. "The endowment insurance of our country conducts the level relatively high at present, some reach provincial pool, it is at county level and the pool of the industrial injury insurance generally stays in the city, the ability to resist risk is relatively weak. " Zheng ShangYuan, Professor of China University of Political Science Law, says. According to human resources and the intersection of social security portion and 2007 national social insurance situation that release not long ago, up to the end of 2007, there is Beijing in the whole country to conduct the highest basic endowment insurance of the level, Tianjin, Jilin, Heilongjiang, Shanghai, Fujian, Chongqing, Yunnan, Shaanxi, Gansu, Qinghai, Ningxia, altogether 13 province-governed municipalities of Xinjiang have realized the provincial pool. Henan, Hunan, Jiangxi, 4 provinces and formations of production and construction of Xinjiang of Tibet have issued the province grade and conducted the method. According to the introductions of relevant persons in charge of industrial injury insurance of drawing room of work and social security of Sichuan Province, the present industrial injury insurance pool of Sichuan Province is the pool at county level of the city. The social law of insurance still in draft state stipulates: "The basic endowment insured fund implements the provincial pool. Other social insured fund implement the time, step of the provincial pool, is stipulated by the State Council. " "Improve the social insured fund and conduct the direction that the level should be the system reform of the social insurance, should realize the goal of provincial pool as soon as possible at least, the ideal state realizes the national pool. " The leaf quiet Yi was pointed out, such a disaster, even the insurance of industrial injury has realized the provincial pool, the situation with insufficient solvency may exist too in the industrial injury insured fund number of Sichuan Province. "Sichuan the intersection of industrial injury and the intersection of insurance and issue behind the earthquake calamity reflect social insurance conduct the intersection of level and low problem not merely, and how the country tackles relief system design question of big such calamity. " The leaf quiet Yi thinks, the insufficient question of insured fund of the industrial injury of disaster area has already needed the fulfilling of local system, also need support of the state policies.


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