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冒用身份劳动者发生工伤的,常因冒名而遭社保机构拒付工伤保险待遇。由于当前工伤保险赔偿来源不同,可通过民事诉讼和行政诉讼救济,但因对过错认定不同导致民事诉讼救济获赔偿并不多,而用人单位确为冒名职工缴纳工伤保险费,工伤职工与社保机构存在工伤保险关系,因此通过行政诉讼救济更符合现行法律规定,也合乎工伤保险的目的,适应合法预期保护原则要求。
In the case of a worker who takes part-time employment, he / she is often denied work-related injury insurance because of the deprecation. Due to the current sources of compensation for work-related injury insurance, civil litigation and administrative litigation can be remedied, but due to the different fault identified as a result of compensation for civil litigation are not many, and indeed the employer to pay workers’ insurance premiums, work-related injuries and social security agencies There is the industrial injury insurance relationship, so relief through administrative litigation is more in line with the existing laws and regulations, but also in line with the purpose of industrial injury insurance, to meet the requirements of the law of legitimate protection expectations.