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随着社会的不断进步和发展,工伤损害赔偿也逐渐成为了比较重要的立法。我国立法机关也制定了一些相关的法律法规来规定和制约工伤损害的行为。但是法律从其特点上就存在滞后性,当工伤事故发生了,因种种原因受害人无法得到其相应的救济与赔偿。《工伤保险条例》却没有关于精神损害赔偿的法条,忽略了这类关于人格权益的保护,是工伤受害人得不到合理的赔偿。本文认为在《工伤保险条例》发现的不足的地方需立刻加以调整,不断完善我国的现有立法,使我国的劳动者德劳动权益当出现损害时,能得到及时、有效、合理的救济和保障。
With the constant progress and development of society, the compensation for work-related injuries has gradually become the more important legislation. China's legislature has also formulated some relevant laws and regulations to regulate and restrict the injury of work-related injuries. However, the law lags behind its characteristics. When a work-related accident occurs, the victim can not receive the corresponding relief and compensation for various reasons. However, there is no law on compensation for mental damage in the “Regulations on Work Injury Insurance”, which neglects such protection on the rights and interests of the individual and is not compensable for the victims of work-related injuries. This paper argues that the deficiencies found in the Regulations on Work-related Injury Insurance should be adjusted immediately and the existing legislation in our country should be constantly perfected so that prompt, effective and reasonable remedies and guarantees can be obtained when the labor rights of workers in our country are damaged. .