按工伤保险两大功能即损失补偿与生活保障为讨论合理待遇的标准,取15岁、35岁、50岁3个伤残年龄点,计算并比较各省份农民工一至四级伤残一次性支付水平的劳动力工资损失替代率与生活保障水平替代率,以一级伤残为例,研究发现:16岁伤残年龄点,所有省份一次性支付都不能完全替代劳动力收入损失,63%的省份达不到低保水平;35岁伤残年龄点,所有省份一次性支付都不能完全替代劳动力收入损失,22%的省份达不到低保水平;50岁伤残年龄点,所有省份高于低保水平,仅26%的省份完全替代劳动力收入损失。这充分说明,我国农民工一至四级因工伤残待遇的一次性支付标准太低,难以有效保障工伤农民工的基本权益。
According to the two main functions of work-related injury insurance,which are compensating the labor losses and guaranteeing basic life,the standard of reasonable benefit has been discussed. Taking 15 years old, 50 years old, 35 years of age as 3 injury age to compensate the labor losses and guaranteeing basic life were used to count and compare the level 1-4 disabled migrant workers’ one-time work-related Injury Insurance benefit level. Take level 1 disability as an example. The one-time payment could not compensate the labor losses in all regions and could not guarantee the basic cost of living allowances in 63% regions at the age of 16.The one-time payment could not compensate the labor losses in all regions and only 22% areas could not guarantee the basic cost of living allowances at the age of 35. At the age of 50,all regions could guarantee the basic cost of living allowances,but 22% areas could not compensate the labor losses .This fully illustrated that China's level 1-4 disabled migrant workers’ one-time work-related Injury Insurance payment standard is too low. It is difficult to effectively protect injured migrant workers ' basic rights.