The not industrial injury of the traffic accident is doubted on and off duty " delete or not delete " Solicit the will of the people

The not industrial injury of the traffic accident is doubted on and off duty " delete or not delete " Solicit the will of the people
" not industrial injury of the traffic accident on and off duty " Dispute: Is the insured fund solvency of the industrial injury limited?
At the news briefing of Information Office of the State Council of yesterday, Vice Minister Hu XiaoYi " not industrial injury of the traffic accident on and off duty " of human resources and social security department The question shows, this change is because after the compulsory liability insurance is implemented, there are corresponding channels in the compensation of the traffic accident of the road.
Five years ago, would " have and meet the traffic accident on the way home and calculate the industrial injury " Wrote into the insurance regulations of the industrial injury, once evoked the extensive in the whole society discussion. Five years later, deleting this evokes the extensive discussion of the society too.
The legal system office of the State Council begins correctly on July 24>(call in the following text " The draft " )Carry on 20 - day soliciting the opinion publicly.
Greatest change leaves out the draft " Getting on injures the regulation regarded as the industrial injury by the motor vehicle accident on the way home "
Though delete this clause and take notice of seeing to solicit in the draft, does not come to a conclusion. Show, the related departments are discussing repeatedly what relation it is on earth between the relief of the compulsory liability insurance and relief of the industrial injury insurance just as justice dawn of the moustache, whether " delete or not delete " Will make decision after people will propose the set.
The People's University of China troubles Cheng YanYuan, professor of institute of the personnel to think, it is based on the insured fund solvency of the industrial injury limitedly to delete this one in " insurance regulations of the industrial injury ", the insurance of industrial injury will be confirmed " The good steel is used on cutting edge " Payment principle,last treatment and the compensations of accidents great.
Delete and is because of fund solvency limitedly?
Cheng YanYuan says, the reason why the legal system office of the State Council should delete this, reason of the deep level of back is a question of the insured fund of the industrial injury with insufficient solvency.
Zhang Hai exceeded " Open the chest and test the lung " The iceberg corner where the incident has exposed Chinese occupational disease and prevented and cured, in China, because the prevention and cure of occupational disease lacks financial support for a long time, it is unable to get very good settlement.
Cheng YanYuan thinks, compares in occupational disease and great safety accident in production, have on the way home risks faced by the traffic accident should be little a lot, so in with abundant fund cases, it is understandable to delete this key field of guaranteeing the insurance of industrial injury and can be ensured.
Suggestion for revision draft think, watch setting up the intersection of industrial injury and the intersection of insurance and purpose of system too, the insurance of industrial injury mainly offers the guarantee for the fact that injured the situation due to working reasons, in working time and workplace, have though the extension that can be regarded as working time and workplace on the way home, it equal toes to be working time and workplace, so in have on the way home receiving the intersection of accident and situation of injury, asserting, deleting in the range from industrial injury, will not influence to the guarantee of the key situation of the insurance of industrial injury, accord with the principle of setting up insurance system of industrial injury.
YanYuan Cheng say industrial injury most insured fund still stay in the first class pool of the cities and counties too, it is low to conduct the level, the ability to resist risk of the fund is worse too. A lot of areas because the fund is insufficient, limit the condition of asserting the industrial injury too strictly, also make a lot of persons needing it treated and cured.
The data of human resources and social security department reveal, up to the end of 2008, the national number of participants in insurance of industrial injury is 137,870,000 (49,420,000 of rural worker's number of participants in insurance of industrial injury among them, 10,510,000 of number that the public institution effects an insurance) .
By the look of fund revenue and expenditure, the speed of the insured fund expenditure of the industrial injury is obviously greater than incomes. In 2008, the insured fund of the national industrial injury gains 21,700 million yuan, increase by 30.9% compared with that of last year; Fund expenditure is 12,700 million yuan, increase by 44.4% compared with that of last year. The whole country have 1,180,000 people enjoy the intersection of industrial injury and the intersection of insurance and treatment, increase, consert with safety law of the road traffic draft say clearly compared with that of last year, the reason why should delete this one and is based on a lot to consider, primary string is the coordination with the safety law of the road traffic.
" enterprise worker's industrial injury insurance trial method " that former Ministry of Labour made in 1996 will be included in the subscribed range of the industrial injury by the situation of the accident injury of motor vehicle on the way home. When the insurance regulations of the industrial injury were made in 2004, " traffic accident responsibility compulsory insurance regulations of motor vehicle " have not been issued yet, worker in at receive by accident injury on the way home,it is difficult ensure from routes other, the regulations have extended the provision of the trial method.
After " traffic accident responsibility compulsory insurance regulations of motor vehicle " were implemented in 2006, getting on the worker injured by the motor vehicle accident on the way home can be compensated from the traffic accident responsibility compulsory insurance of motor vehicle, can also solve through the route of civil compensation at the same time. This has created primary condition for deleting the above-mentioned regulation.
The objection thinks, the fund that the compulsory liability insurance compensates is not enough sometimes to be to the compensation caused of motor vehicle accident, this will bring the heavy economic pressure to both sides of the accident.
At the same time in operation of practising,at face by " assert difficult " industrial injury too on the way home Question. The draft shows too, because of the housing commercialization and improvement of personnel's flowability, to that here how to be confirmed to be " Have it on the way home " The dispute is various, operates the big difficulty, will be included in the industrial injury and asserts the range by the situation that the non-motor vehicle accident will be injured, operate the difficulty bigger, disputes initiated are more.
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