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工伤保险制度及工伤案件处理中的若干问题及成因一、工伤认定及工伤保险赔偿现状通过实践与分析劳动仲裁部门和基层人民法院受理的相关行政、民事纠纷案件,笔者总结出行政、司法实践领域工伤案件主要呈现以下现状和特点:(一)工伤保险参保率低,案件频发于未参保人员。(二)申请工伤待遇的程序过于冗长繁琐。提到工伤待遇赔偿的程序,人们往往会以“马拉松”来形容。要三年左右的时间才能走完所有的索赔程序,并拿到赔偿。(三)在漫长的诉讼过程中,受伤者最终选择调解的情况居多。以马鞍山劳动仲裁委员会2012年全年度受理的工伤案件
Work-injury Insurance System and Work-related Injuries Cases and Their Causes I. Work-related Injury Recognition and Work-related Injury Compensation Status Through the practice and analysis of relevant administrative and civil disputes handled by labor arbitration departments and grass-root people’s courts, the author summarizes the fields of administration and judicial practice Work-related injuries are mainly the following status quo and characteristics: (A) occupational injury insurance insured rate is low, the case frequently in the uninsured. (2) The procedures for applying for work-related injuries are too long and tedious. Mentioning the procedure for the compensation for work-related injuries, people tend to describe it as “marathon ”. It takes about three years to get through all the claims procedures and get compensation. (C) During the lengthy litigation process, the injured eventually chose mediation. Work injury cases accepted by the Ma On Shan Labor Arbitration Commission for the full year of 2012