(A) the definition and characteristics of industrial injury insurance law

The main features of the Work Injury Insurance Law are: (1) Work injury insurance is the oldest and most widely used legal system in the social security legal system; (2) The adjustment object includes two risks, namely, industrial accident injury and occupational disease injury; (3) The beneficiaries of work-related injury insurance are the victims of work-related injuries first, and only after strict scientific appraisal can they be eligible for work-related injury insurance benefits; (4) The principle of employer's responsibility, including the responsibility for production safety and the responsibility for compensation for work-related injuries, and the employer's responsibility is classified according to the degree of enterprise risk and the incidence of work-related injuries.

Based on the purpose of "safe production and ensuring workers' health", the industrial injury insurance law has the following social functions: (1) sharing the risk responsibility of the employer, so that the enterprise will not go bankrupt due to compensation from industrial injury insurance; (2) Protect the legitimate rights and interests of workers.

(B) the basic principles of industrial injury insurance law

The Law on Work-related Injury Insurance aims at "safe production and protection of workers' health", and its special basic principles include: the employer is responsible, unconditional compensation, scientific appraisal standard, parallel authorization with medical insurance or endowment insurance (avoiding repeated payment), risk compensation, risk prevention and worker rehabilitation.

1. Employer's liability principle

Employer's responsibility is the employer's responsibility for safe production and risk compensation. The jurisprudence of employer's liability includes the following points: (1) Safety production facilities and occupational injury compensation are one of the cost factors of mechanized mass production; (2) It is the employer's responsibility to provide safety education and production facilities, and it is the employer's obligation to establish a risky insurance fund (except Italy, all countries' legislation stipulates that the employer pays the fees); (3) For the fact that the occupational injury has occurred, even if the employer has no fault and direct responsibility, it should also bear the responsibility for the aftermath and economic compensation.

2. Unconditional compensation

Unconditional compensation means that workers who have suffered occupational injuries, regardless of whether they have violated the operating rules, should compensate for economic losses and get necessary medical treatment according to law.

3. Establish scientific evaluation criteria

Industrial injury insurance benefits should be paid fairly in accordance with certain principles and standards.

4. Approved at the same time with relevant social insurance.

5. Compensation should be combined with prevention and vocational rehabilitation.