新业态从业人员职业伤害保障问题研究——以美团外卖骑手为例
Research on Occupational Injury Protection of Employees in New Business Forms—Taking the Takeaway Riders of Meituan as an Example

随着新经济的蓬勃发展，新业态劳动者的规模逐渐扩大，平台与劳动者之间的劳动关系正向非传统用工模式转变。与此同时，外卖骑手这一新业态群体职业伤害事故频发，面临因劳动关系模糊而无法享受相应职业伤害保障的窘境，工伤保险难以解除此类人员因公受伤后的后顾之忧，这显然与我国建立职业伤害保障制度的目的相违背。因此，本文将从我国职业伤害保障现状切入，分析当前我国职业伤害保障制度的难点，并借鉴国外平台用工立法及学界、业界经验，破除我国在司法实践中的现实阻碍，探索与我国国情相适应的职业伤害保障制度。
With the vigorous development of the new economy, the scale of workers in new formats is gradually expanding, and the labor relationship between platform and workers is changing to non-traditional employment mode. At the same time, take-away riders, a new business group, have frequent occupational injury accidents, facing the dilemma of being unable to enjoy the corresponding occupational injury protection because of vague labor relations. It is difficult for industrial injury insurance to relieve the worries of such people after being injured on business, which is obviously contrary to the purpose of establishing the occupational injury protection system in China. Therefore, this paper will start from the current situation of China’s occupational injury protection, analyze the difficulties of China’s current occupational injury protection system, learn from foreign platform employment legislation and academic and industry experience, break the practical obstacles in China’s judicial practice, and explore an occupational injury protection system that is suitable for China’s national conditions.