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职工出了工伤(包括职业病,下同)后,可按照国家的规定享受医疗救治、经济补偿和职业康复的权利。1996年原劳动部颁的《企业职工工伤保险试行办法》(劳部发[1996]266号文)规定了享受工伤保险待遇的条件和标准。国家要求劳动保障部门和用人单位必须按时足额支付工伤保险金,以保障职工的基本生活。尽管国家出台了一系列工伤保险方面的法规、政策和标准,但有的单位法制观念不强、有法不依,由于职工很难全面了解政策方面的规定,致使职工的工伤保险权益遭到侵害现象还大量存在。笔者根据现行的政策规定,谈谈职工(包括其家属)工伤保险方面的权益。
Workers out of work-related injuries (including occupational diseases, the same below), in accordance with the provisions of the state to enjoy medical treatment, financial compensation and vocational rehabilitation rights. In 1996, the “Trial Measures for Work-related Injury Insurance for Enterprises Employees” (Laibufa [1996] No. 266) issued by the Ministry of Labor promulgated the conditions and standards for enjoying work-related injury insurance. The state requires that labor and social security departments and employers must pay work-related injury insurance premiums in full and on time to protect the basic living conditions of workers and staff. Although the state has promulgated a series of laws and regulations, policies and standards on industrial injury insurance, some units do not have a strong sense of legal system and do not follow the law. It is difficult for employees to fully understand the policy requirements, resulting in the violation of the rights and interests of workers’ injury insurance Also exist in large numbers. According to the current policy, the author talk about the rights and interests of employees (including their families) in industrial injury insurance.