【摘要】 平台经济的兴起凸显了平台从业者权益保护困境,其中以外卖骑手为典型的职业伤害保障不足尤为显著。调研显示,骑手存在极大的职业伤害风险和制度保障需求,但由于我国工伤保险制度与劳动关系“捆绑”,加之平台用工关系定性不明,平台从业者在发生职业伤害后无法通过工伤保险制度获得救济。为引导平台经济正向发展,实现劳资两利,近年来各地在平台从业者职业伤害保障方面进行了各式探索,形成了纳入工伤保险管理的江苏南通、浙江、广东的模式,以及独立于工伤保险的江西九江、苏州吴江和太仓以及山东潍坊模式,并逐渐发展为两者统合模式。结合各地试点经验,有必要构建专门职业伤害保险制度,在保障对象、缴费规则、职业伤害认定、保障项目、待遇给付水平、经办模式等方面制定可行方案。更多还原

【Abstract】 The rise of the platform economy has highlighted the dilemma of protecting the rights and interests of platform workers, with takeaway riders as a typical example of inadequate occupational injury protection. Research shows that there is a great risk of occupational injury and a need for institutional protection for riders, but due to the fact that China’s work injury insurance system is "tied" to labour relations and the unclear nature of platform employment relations, platform workers are unable to obtain relief through the work injury insurance system when they suffer occupational injuries. In order to guide the positive development of the platform economy and realise the benefits of both labour and capital, in recent years, various explorations have been made in the protection of occupational injuries of platform workers, resulting in the models of Nantong in Jiangsu, Zhejiang and Guangdong,which are included in the management of work injury insurance, and the models of Jiujiang in Jiangxi, Wujiang and Taicang in Suzhou and Weifang in Shandong, which are independent of work injury insurance, and gradually developing into a combined model of both. Taking into account the pilot experiences of various regions, it is necessary to build a special occupational injury insurance system and formulate feasible plans in terms of the target population, contribution rules, occupational injury recognition, protection items, treatment payment levels and mode of operation.更多还原