On The Problems And Countermeasures In The Identification Of Industrial Injury

With more and more high mechanization used by our modern society, workers suffer accident risk became greatly enhanced in labor process. Mechanical damage may hurt workers during the manufacturing process. And such factors as physical, chemical and biological may increase the risk of occupational diseases. How to obtain compensation is crucial to the victim since they encountered industrial injury. Of course industrial injury certification is a foregone and inevitable procedure to Industrial injury compensation.Despite detailed regulations on accreditation process of industrial injuries under current Chinese law, as a result of legislative imperfection, lots of problems are exposed during the practice in accreditation process, which is criticized by the theoretical and practical field. Therefore, the paper introduces the current situation, analytical procedure of accreditation process, and points the existing problems through case studies; furthermore, it puts methods to solve above problems, such as further simplifying the accreditation process, shortening the time-limit of application, bringing into the procedure of notification and hearings, strengthening judicial review and so on. Meanwhile, the paper also makes a deep analysis about the necessity and feasibility of above suggestions, so as to put forward valuable suggestions on the renovation of industrial injury certification in the future.This paper is divided into four parts:The first chapter mainly introduces the definitions and specific phases of industrial injury and industrial injury certification, it consists of two portions:it illustrates the elementary knowledge of industrial injury and industrial injury certification from the aspects of their definitions and then set forth its position on the concrete stages of definition of industrial injury.The second chapter analyzes the china's current procedures and disadvantages of industrial injury certification for system analysis, through generally analysis of job injury identification in our country at present time, to get the underlying factors that caused these issues:(1) procedure of declarant and duration set by municipal department are not reasonable; (2)victims are unacquainted with the enjoyable rights in the process; (3) judicial procedure costs too long and too much; (4) No specification of judicial right for those courts who should assume judicial reviews.The last chapter gives some solutions to the substantive and procedure questions during industrial injury certification mentioned above, which consists of: (1)simplifying the labor relationship in the future legislation;(2)setting process of notification and hearing;(3)introducing the suspension and extended system;(4)shortening accreditation time of work related injury;(5) establishing the court's judicial reviews.