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Comparing Study on the Workers’ Compensation in United States and China

Author: LiDi
Tutor: JiangYiYi
School: Jiangsu University
Course: Business management
Keywords: Sino - US injury insurance A Comparative Workers' compensation
CLC: F847.12
Type: Master's thesis
Year: 2010
Downloads: 693
Quote: 5
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Abstract


Injury insurance is on the implementation of the earliest and most widely used social insurance system, and so far the world's most universal social insurance system in the world. However, in China's social security system, industrial injury insurance phase for pension, unemployment, health insurance reform is lagging behind seriously out of line with the real needs of the situation. Injury insurance system was established on the basis of the right to life and the right to health of the workers. In order to protect the work suffered injuries or workers suffering from occupational diseases to obtain medical treatment and financial compensation, to promote the prevention of work-related injuries and occupational rehabilitation, dispersed risk of injury employer shall establish and improve the work-related injury insurance system. Industrial injury insurance legal system of China and the United States for the first time carried out a systematic, comprehensive comparison study, work injury insurance system to identify the two countries from the origin and historical development process to present the basic system differences and industrial injury insurance system inadequacies injury insurance system reform to draw on international experience. Upon review of the U.S. information, the paper details the historical background of the U.S. workers' compensation law enacted trends, an overview of the U.S. state insurance fund compensation for injuries, injury insurance system of China and the United States system, a full range of The comparative study of the origin and process of the historical development of the current system, each of the comparative analysis of the similarities and differences between the system of the two countries, as well as the reasons for the formation of these similarities and differences. Through a detailed analysis of the legislative process of Sino-US injury insurance, industrial injury insurance system legislation, coverage, injury treatment, aspects of the organization, system types, injury prevention, and vocational rehabilitation comparative study found that the two countries work injury insurance system differences are mainly due to the degree of maturity of the different national conditions and system walls reflected in the organization of the different and the scope of legal protection and the way the difference. By comparative analysis of the main problems and contradictions of the industrial injury insurance system: legislation is not perfect, narrow coverage, low pay work-related injuries, imperfect organization, employer's liability insurance development has lagged behind the lack of enthusiasm, injury prevention and rehabilitation. Although China's industrial injury insurance system has been a lot of progress and development, but still there are many problems. Perfecting Countermeasures system on the basis of the analysis above of the problems that exist in the work-related injury insurance system: full speed up the work-related injury insurance and legal system, work injury insurance system in the developed countries have a strong legal backing, the improvement of the legislative level the principle of competition means that the legal effect of the improved, more conducive to carry out the work injury insurance practice; expand the industrial injury insurance insured body, wide coverage to ensure the carrying out of the principle of social justice and the safety of the members of society, and to ensure that the corporate equality of opportunity, giving priority to efficiency to be implemented; improve the work-related injury insurance benefits, the need to develop an automatic adjustment mechanism of injury insurance benefits, the practical realization of the security function of the work-related injury insurance benefits; perfect work-related injury insurance organization management functions to strengthen the capacity building of agencies should strengthen the ranks of industrial injury insurance; encourage support the development of the Employers' Liability Insurance; strengthen the prevention of work-related injuries and occupational rehabilitation, establish and improve the prevention of work-related injuries, compensation for work injuries and occupational rehabilitation Trinity industrial injury insurance system, is to implement the scientific concept of development, an inevitable requirement for building a harmonious society.

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CLC: > Economic > Fiscal, monetary > Insurance
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