数字经济背景下新业态劳动者职业伤害保障制度完善路径研究

A Study on the Pathways for Improving the Occupational Injury Insurance System for Workers in Emerging Business Models within the Context of the Digital Economy

摘要: 数字经济催生大规模新就业形态劳动者，其职业伤害保障制度也应与时俱进适应新就业形态的变化和要求。本文聚焦新业态从业人员职业伤害保险制度的完善，通过文献梳理剖析现行制度的运行逻辑与不足之处。研究发现，新业态用工从属性弱化使许多劳动者在工伤保险覆盖之外，衍生出法律依据不足与责任认定标准不完善的双重困境。应建立专门性职业伤害保障制度，在适用范围上，以职业活动取代劳动关系作为参保资格判断标准，精准界定保障对象；在参保机制上，探索三方共担缴费制度；在制度设计上，紧扣治疗与康复两条主线，优化待遇支付结构，适度延长保障期限。本文旨在为破解新业态从业人员职业伤害保障困局提供理论支撑与实践路径。

Abstract: The digital economy has given rise to large-scale new forms of employment; accordingly, the occupational injury insurance system should evolve alongside these new employment patterns to meet their changing demands. This paper focuses on improving the occupational injury insurance system for workers employed in these new business models, examining the operational logic and shortcomings of the current system through a literature review. The study finds that the weakening of the subordinate relationship inherent in employment within these new business models has left many workers facing a dual dilemma—lacking a sufficient legal basis for claiming compensation and having inadequate standards for determining liability—beyond the scope of traditional work-related injury insurance coverage. A specialized occupational injury protection system should be established. In terms of its scope of application, this system should use “occupational activity” rather than “employment relationship” as the criterion for determining eligibility for insurance coverage, thereby precisely defining the group of beneficiaries; regarding the enrollment mechanism, it should explore a tripartite contribution-sharing system; and in terms of institutional design, it should center on two key pillars—treatment and rehabilitation—optimize the benefit payment structure, and appropriately extend the duration of coverage. This paper aims to provide theoretical support and practical pathways for addressing the challenges surrounding occupational injury protection for workers in these new business models.