Modern Social Science Research

In practice, the work-related injury identification in cases of illegal subcontracting is often prone to falling into "circular litigation", making it difficult for workers to obtain work-related injury insurance benefits，which goes against the original intention of the legislation. Based on a correct understanding of the nature of "employer entity responsibility", a special procedure for determining work-related injuries in cases of illegal subcontracting should be redesigned, including: in the work-related injury identification process, the human resources and social security department should not consider the existence of a labor relationship as a prerequisite for acceptance of the application; the behavior and subject of illegal subcontracting for it should be regarded as the prepositive procedure for work-related injury identification; clarify the ultimate authority of the court for work injury identification; and allow workers to file administrative incidental civil litigation.

Illegal subcontracting; The work-related injury identification; Labor relation; The responsibility of the employer entity