Research on the protection of the rights and interests of overage workers in work-related injury insurance - Taking Sichuan as an example
超龄劳动者工伤保险权益保障研究——以四川地区为例

摘要

基于超龄用工关系法律属性的特殊性，工伤救济机制在劳动法领域长期存在理论分歧与司法实践争议。当前我国部分区域试行的超龄劳动者工伤保险制度，为破解这一困境提供了创新性制度探索。本文以四川省《关于本省超过法定退休年龄就业人员和实习生参加工伤保险的办法》为实证研究对象，通过解构其制度设计与实施路径，旨在为完善超龄就业人员职业安全保障体系提供可行性方案。研究着重从参保主体界定、缴费机制设计及待遇给付标准等维度展开法理分析，尝试构建具有普适性的制度框架，以回应新型劳动关系下特殊群体的权益保障需求。

Abstract

Based on the particularity of the legal attributes of overage employment relations, there have long been theoretical differences and judicial practice disputes in the field of labor law regarding the work-related injury relief mechanism. The work-related injury insurance system for overage workers currently being piloted in some regions of my country provides an innovative institutional exploration to solve this dilemma. This paper takes Sichuan Province's "Measures for the Participation of Work-related Injury Insurance by Employees and Interns Over the Legal Retirement Age in the Province" as an empirical research object, and aims to provide a feasible solution for improving the occupational safety protection system for overage employees by deconstructing its institutional design and implementation path. The study focuses on legal analysis from the dimensions of the definition of insured entities, the design of payment mechanisms, and the standards for the payment of benefits, and attempts to construct a universal institutional framework to respond to the rights and interests protection needs of special groups under new labor relations.