Investigation on migrant workers ' rights to work injury: as soon as possible to get money nearly 40% willing to settle

January 29, the Beijing Federation of Labor Law Assistance and Research Center issued the "Work-related Migrant Workers Survey Report", this survey is the center in the implementation of the special projects of special hardship peasant workers, at the same time, targeted at the injured migrant workers. The survey was conducted in the form of questionnaires, 240 questionnaires were issued, 213 questionnaires were collected, and 207 questionnaires were available. The questionnaire was compiled with 21 topics, including the knowledge of work injury insurance, the process of industrial injury treatment, the impact of industrial injury, the degree of concern about injury and injury rights.　　Many of these findings are of concern. To get the money as soon as possible nearly 40% injured migrant workers willing to "settle" the report shows that how to deal with the injury after work, 38.4% of respondents choose to find a unit of the owner of the settlement, the choice of a lawsuit for 37.2%, directly home to 13.3%, choose other ways such as no home to return, help relatives, etc., for 10.3%.　　From the choice of respondents, the first or through a legal approach to negotiate, which is commonly known as "settlement."　　According to Huang, director of the center, the work injury "settlement" in practice to the injured migrant workers the biggest advantage is: can avoid injury treatment that a set of lengthy procedures, as soon as possible to take money to see a doctor. "However, there are also negative aspects of settlement," Huang said, "In reality, the absolute strong position of employing units so that the workers through the settlement of the compensation will be far lower than the legal amount; many workers will be chosen to settle the initiative or passively give up the work injury identification application, more than the determination of the time limit can no longer be responsible for the unit If the laborer wants to revoke the settlement agreement, he still has to go through all the procedures.　　"Despite so many adverse consequences, the survey shows that workers working at work-related accidents still generally choose to settle down, especially migrant workers who do not have labor contracts and are in dire need of medical treatment."　　But at the same time, the survey also shows that the choice to take legal proceedings of the migrant workers in the proportion and choice of settlement is very close, indicating that the legal awareness of workers and awareness of rights are improving, which also with the relevant departments in recent years to vigorously publicize the work injury insurance system and actively promote legal aid to carry Workers who choose to take legal proceedings in the answer to the choice of who to help their rights, said 70.4% of workers working at the labor union chose to find legal aid agencies to help their own lawsuits, the choice of lawyers to find a 32%.　　On the other hand, 75.4% of the respondents believed that they dared and the employing unit to solve the injury problem through legal procedures, but those who dared not to take the lawsuit with the boss, think "the Boss has relations, play also not win" and "fear the Boss Revenge" top two.　　Li Jiajian, the center's lawyer, said the results reflected the importance of legal aid work in the process of safeguarding the rights of migrant workers.　　Injured migrant workers have insurance less than 20% it is worth noting that, in the answer to the question, "the unit has not given you an injury insurance" problem, only 17.4% of the migrant workers answered "yes", the answer "no" and "unclear" are 58.5% and 24.2% respectively. "This illustrates the concentration of peasant laborers engaged inIndustry area, the contribution of industrial injury insurance is still not optimistic. "Huang said," Although the state has mandatory provisions of laws and regulations, the labor and Social Security departments of the audit work is also unremittingly, but there are still some employers put legal provisions and the production safety of workers disregard, do not pay social insurance, the occurrence of industrial accidents after the failure of legal compensation. "The survey also reflected that many respondents thought the work injury lawsuit is too time-consuming and laborious is the main cause of the injury protection."　　Among them, 64.7% of the respondents think that the time is too long to sue for work injury rights, 55% of respondents think that the unit does not pay injury insurance costs. The results of the survey reflect the actual situation of safeguarding rights in reality. Yi Lian Center has done statistics, in general, workers to take all the procedures to go over, the longest need for 1149 days, if the parties are infringed by a third person need litigation before the procedure or to take the diagnosis and appraisal of occupational diseases before the procedure, the time will be further dragged long. For work-related workers, a big problem is that if you don't have a labor contract, you need to first confirm the labor relationship through legal procedures, so that the theoretical work-time can be extended to 1701 days; At the same time, if the employer does not sign the labor contract with the laborer, it will certainly not pay the social insurance fee,　　It is also necessary to go through a lot of procedures to implement the work injury treatment. Huang said: "In fact, the investigation of workers working at work-related injury protection of three of the most important problems can be summed up in a situation, that is, the unit does not pay insurance premiums, injury treatment is difficult to implement." Therefore, to solve the problem of the difficult work injury rights, or from the source-employing units of the norms of legal employment grabbed. "Increase the illegal cost of employing units to increase the rate of participation in the Huang Center for Long-term Employment of industrial injury insurance legal Aid and research work, in his view, many employers do not insure workers and the illegal cost is too low is a fundamental problem that causes migrant workers to protect their rights." "From the point of view of work-related workers, the employer does not pay social insurance fee, which inevitably makes the rights of the injured workers increase, the implementation of treatment time lengthened, obtain compensation difficulty." "Therefore, in the publication of the survey report, the Centre recommended that the draft of the amendment to the Social Insurance Act and the Industrial Injury Insurance regulations Amend the draft to provide for the employer's failure to take part in the punishment of injury insurance in accordance with the law, and to increase the provision" At the same time, an injured worker claims an industrial injury insurance treatment to an employing unit that has not participated in the work injury insurance, and may also require the employing unit to pay an additional compensation equal to five times times the treatment of the occupational injury insurance. "Huang said:" From the point of view of work-related workers to pay for the illegal activities caused by the employer of the additional compensation, on the one hand, can encourage workers work injury activist, on the other hand, to curb the illegal behavior of employing units also has great significance. In addition, Huang also considered that the imminent revision of the "Industrial injury insurance regulations" should simplify the work injury identification procedures. He proposed to increase the provision: "Employees who do not participate in industrial injury insurance after the accident, to the employment listA person who advocates the treatment of industrial injury insurance may, without a work injury identification procedure, claim the employment injury insurance treatment directly according to the labor dispute handling procedure. "(Zhang Weijie)