Comparing Study On The Legislation Of Work-related Injury Certification In United States And China

Work-related injury certification, which is the starting point of the work injuryinsurance proceedings, also is the basis of the legal system of the industrial injuryinsurance. The work-related injuries is an accidental personal injury and occupationaldiseases, this injury occurred in the process to fulfill the payment of labor obligationsin working hours and place of work. Worker-related injury certification is a specificadministrative act made by the social security administration department according torelevant laws and regulations to confirm the fact and nature of workers hurt in thecourse of their work. The work-related injuries and worker-related injury certificationis the core of related injuries legal system, both are closely linked, is a prerequisite forthe injured workers and their families access to employees’ compensation. Thework-related injury is the important social problems must be faced in the process ofsocialist modernization. It is not only related to the vital interests of the individualworkers, but also related to the employer’s interests.With the gradually establishment of our country job injury insurance system, thelegal system concerning job injury identification has also had the embryonic form.However, with our country economy further development, the dispute about job injuryidentification also increases day by day. The reason is that our country job injuryidentification is not perfect enough, due to the complexity and time-consuming of thatwork-related injury, and the provisions of the law itself ambiguous reasons is directimpact on the legitimate rights of laborers. How to perfect the legal system of Chinarelated injuries on the basis of the existing legal regime, not only is becoming the onewe now need to be facing important social issues, but also become a real problem tobe solved right now.China and the United States related injuries of the legal system focus on three aspects. First, described the different concept definitions between the work-relatedinjuries and work-related injuries identified, and further expounds the specificprovisions in law about work-related injuries, and mainly described our country’s law.Currently, there are three laws and regulations to make specific provisions relatedinjuries,“the Social Insurance Law”,“Injury Insurance Regulations” and“work-related injuries identified way”, mainly including related injuries scope andrelated injuries program. Because the United States is a federal state, there is nouniform law of work-related injuries, only on the basis of the federal government’slaws and the laws of the State speech summed up the work-related injuries identifiedthe common aspects of the law. The last reviewed the evolution and origin of the twocountries work-related injuries identified of the legal system, to further deepen theunderstanding of the legal system of work-related injury.Comparing study on the legislation of work-related injury certification in UnitedStates and China mainly analyzed the standard range and the specific procedures, thestandard and the specific procedures of work-related injury in our country is mainlysubject to the regulations " Injury Insurance Regulations "and" work-related injuriesidentified way”,pay attention to the provisions of the laws and in the certificationprocess is also more complicated. But in the United States is mainly to jurisprudencerules, supplemented by statutory provisions, the recognized standard is more flexible,and program settings are set rational standards, in the standard work-related injury isadhere “on work related” to the basic principles, especially for some “edgephenomenon” in the form of work-related injury case rules, extremely is worthreference. China and the United States through the determination standards and thecomparative study of the confirmation process, in combination with theimplementation of the law system of work-related injury, analyzes the legal system ofour country work-related injury in the substantive and procedural problems. Finally,according to the problems in our country legal system work-related injury, proposesconcrete perfect suggestion based on advanced concepts of related injuries legalsystems of the United States and summarizing practical experience in China andUnited States, that is: we should be improved the legal systems from the substantive and procedure of job injury identification in two aspects. Form the substantive, weshould appropriate to relax the object and scope of work-related injuries identified,and cleared work-related injuries and others concepts. From the procedure, to improvethe employment injury agencies, as well as applications related injuries, aging andimprove the evidence systems and so on, effectively protect the interests of bothemployees and employers, and make the work-related injuries legal system inaccordance with the rational standards of legal procedure, truly realized the maximumprotection for injured workers’ rights from the form and substance...