From Identity-Based Insurance to Behavioral Risk Protection: Pathways for Occupational Injury Protection in New Forms of Employment

Abstract

With the development of the platform economy, the coverage gap in occupational injury protection for workers in new forms of employment has become pronounced. The current work-related injury insurance system, which is tied to traditional labor relationships, struggles to extend its coverage to these workers, while commercial insurance and civil remedies also have limitations. Based on the legal rationale of “incomplete labor relationships,” a “behavioral risk protection” system should be established. This system would move beyond identity-based restrictions and use the act of labor provision as the risk-triggering mechanism. It could be implemented through a “platform-based model” or an “industry-based model,” supported by industry-specific identification standards, a tripartite regulatory framework, and linkage mechanisms with existing systems. The proposed system aims to provide socialized occupational injury protection for workers in new forms of employment, address gaps in the current institutional framework, and contribute to the development of a multi-level protection system.