退休再就业人员职业伤害保障的困境与制度构建OACHSSCD

In the aging society,the re-employment of the elderly after retirement is gradually becoming a new norm.However,the lack of necessary institutional protection for occupational injuries of the elderly and the difficulty in claiming compensation for occupational injuries expose re-employed retirees to occupational injury risks.Explorations in different provinces and cities to strengthen the occupational injury protection for the re-employed retirees have provided differentiated practices in terms of insurance nature,coverage scope,and insurance benefits.Nevertheless,there remains problems such as insufficient overall institutional guarantees and the failure to reasonably disperse the occupational injury risks of enterprises.Establishing a separate occupational injury insurance for the re-employed retirees is conducive to expanding the coverage of protection and dispersing the risks of employers.Theoretically,it is supported by the right to equal occupational safety and health,the reality of occupational risks faced by the re-employed retirees,and the theory of incomplete labor relations.The design of occupational injury insurance should be based on the actual situation,clearly define the coverage scope,and set mandatory contribution obligations for the employers.The insurance premium rate and compensation standards should take into account their age characteristics to effectively protect the occupational safety rights and interests of the elderly.