Analysis On Determination Of Work-related Injury In The Compensation For Industrial Injury Case

As China established a socialist market economic system, the national economy continued to grow at a relatively rapid speed, new progress was achieved in the reforms of state-owned enterprises, and the non-public sector of the economy has become an important part of the mainstay of our economy. However, everything has its two sides, in recent years, all kinds of enterprises, especially small and medium private enterprises frequent injury accidents, major and extraordinarily big accidents have often found in newspapers. For industrial accident, China has established its relatively complete industrial injury insurance system, however, many companies was not according to the provisions to participate in work-related injury insurance. Workers who were injured at work, that often preferred the compensation for industrial injury suit in the people's court action. However there are many drawbacks in practice that exist the litigation in administrative process of compensation for industrial injury, and this procedure create a lot of barriers to workers rights protection. And the court in actual judicial practice, solving this problem also made a useful exploration. The purpose of this writing, via the following case in the dispute on the current work injury compensation in injury cases, the determination of work–related injury of administrative procedures for the shortcomings identified and solutions on such issues as a little views of personal.The first part is the cause of action, indicating the nature of the case.The second part is the case, introduction to the cases cited; in the case, the workers did not determination of work-related injuries after they were injured in an accident at work, but the court of second instance according to the facts of the case, found that workers were injured at work during working hours in the workplace, the employers should bear responsibility for work-related injuries.The third part is focus of case, which the administrative department of labor security of work-related injuries by determining whether the case should serve as the compensation for industrial injuries before proceedings.The fourth part is dispute and disagreement, there are two completely opposite opinions during the case procedure, one's opinion, lacking determinative procedure of work-relate injuries in the case, and therefore he should not deal with the case in accordance with compensation for industrial injuries; to another opinion, the determinative procedure of work-related injuries should not be recognized as the compensation for industrial injuries before procedure, the court should make a substantive judgment, the case should be handled according to worker's compensation.The fifth part is research on the conclusion, the article agreement the second point of view, determinative certification procedure of work-related injuries should not be the case as the compensation for industrial injuries preceding procedure, and the case should be handled according to work injury compensation. This section from several aspects of the work injury compensative cases to explore, such as, lacking determinative procedure of work-related injuries, the causes of problem, problem solving methods and feasibility, judicial practice and so on, and draw a conclusion.