A Study On The Determination Of Work Injury In China

Work-related injury insurance is one of the five major categories of social insurance." W ork-related Injury Insurance Regulations ", which was implemented in2004is the legislation foundation of industrial injury insurance. However, in recent years, with the rapid developme nt of economy, some new problems appear in the process of work-related injury insurance, in eluding, the application scope of work-related injury insurance, the determination of work-rel ated injury, the complex processing procedures, the implementation of punishment for the uni nsured companies, the treatment for the work-related injury worker etc.. Therefore, the industr ial injury insurance legislation is not perfect, and the determination of work-related injuries is not entirely smooth in practical work.. In December2010, the State Council amended "Work-Related Injury Insurance Rregulations" and improved the regulations, which safeguard the leg itimate rights and interests of workers and made the work-related Injury insurance system rea ch maturity.Work-Related Injury Insurance Department of Human Resources and Social Security B ureau of Beichen District of Tianjin is in charge of the work-related injury insurance of whole Beichen District area. The Work-Related Injury Insurance Department implements the deter mination procedures of work-related injury accordance with the " Work-Related Injury Insura nee Regulations" strictly, which promotes the development of work-related injury insurance of Beichen area. But there are still some problems existing in the practical work of determinat ion of work-related injury, including, unclear application limitation, the conflict burden of pro of, the disunity of substantive standards, the difficulties of determination conclusion delivery and the complicated relief procedures. After analyzing the reasons for these problems, the aut hor puts forward a series of targeted suggestions, including clearing application limitation, rea sonable allocation of burden of proof, unifying the substantive standards, strengthening the co ordination of internal offices for the documents delivery, establishing convenient and efficient procedures for the determination of work-related injury and the labor dispute. Hope the sugge stions could help to solve the existing problems of the determination of work-related injury Ti anjin Beichen District in order to protect the legitimate rights and interests of workers and pro mote the economic development of Beichen District.