新业态从业人员职业伤害保障模式分析与问题研究

Analysis and Research on the Occupational Injury Protection Model for Workers in New Forms of Employment

摘要: 新业态从业人员的职业伤害保障，已成为当前劳动保障领域的一个重要议题。本文对工伤保险模式、单险种工伤保险加补充商业保险模式、职业伤害保险模式三种试点类型进行了系统梳理，分析了各自的制度特征、优势与局限。在此基础上，指出当前仍面临制度构建困难、劳动关系认定模糊、平台算法加剧职业风险等核心问题。对此，建议通过明确缴费主体、扩大参保范围、规范认定标准与待遇水平，构建更加契合新业态特点的职业伤害保障制度；同时，以“三分法”重塑劳动关系认定框架，强化政府监管与政策宣传，切实保障从业人员的职业安全与合法权益。

Abstract: The occupational injury protection for workers in new forms of employment has become an important issue in the field of labor security. This paper systematically reviews three pilot models: the work-related injury insurance model, the single work-related injury insurance plus supplementary commercial insurance model, and the occupational injury insurance model, analyzing their respective institutional characteristics, advantages, and limitations. On this basis, it points out the core challenges currently faced, including difficulties in institutional construction, ambiguity in determining labor relations, and increased occupational risks caused by platform algorithms. In response, it is recommended to establish an occupational injury protection system better suited to the characteristics of new forms of employment by clarifying contribution payers, expanding insurance coverage, and standardizing determination criteria and benefit levels. Meanwhile, the “trichotomy” approach should be adopted to reshape the framework for determining labor relations, while strengthening government supervision and policy advocacy, so as to effectively safeguard the occupational safety and legitimate rights and interests of workers in new forms of employment.