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2004年新生效的《工伤保险条例》和最高人民法院《关于审理人身损害赔偿案件适用法律若干问题的解释》,为个体打工者在劳动中受到人身损害获得赔偿提供了法律依据。但由于个体打工者与个体工商户之间形成的法律关系可能是劳动关系,也可能是雇佣劳动关系,因而导致适用上述法律的不同,致使受到人身损害的打工者特别是伤残者获赔的数量存在着很大的差异。司法实践中的比较更能说明这一点。对个体打工者人身损害赔偿进行分析研讨,有利于促进立法的不断发展和完善,加强对个体打工者合法工权益的保障。
The “Industrial Injury Insurance Regulations” and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, which were newly enacted in 2004, provided the legal basis for individual migrant workers to receive compensation for personal injury in their work. However, as the legal relationship between individual migrant workers and individual industrial and commercial households may be labor relations or employment labor relations, this may lead to the difference between the above laws, resulting in compensation for migrant workers, especially the disabled, who suffer personal injury There is a big difference in the number. Judicial practice of comparison more illustrates this point. Analyzing and discussing personal injury compensation for individual migrant workers is conducive to promoting the continuous development and improvement of legislation and strengthening the protection of the legitimate workers’ rights and interests of individual migrant workers.