Talk About The Our Country Inductrial Injury Of Inductrial Injury Insurance

Work-related injury insurance is an important part of socialinsurance institution. Ascertainment of work-related injury is the basisof work-related injury insurance system and the necessary procedure foremployees to enjoy the work-related injury treatments. However, there arestill quite a few problems on ascertainment of work-related injury inChina, which have adverse effects on protecting the legitimate rights andinterests of the employee and maintaining the harmony and stability ofthe society. Therefore, to analyze and research the ascertainment ofwork-related injury is of great theoretical and practical significance.This paper is consisted of preface, main text and epilogue. The maintext is consisted of four chapters.Chapter1The Establishment and Development of Ascertainment ofWork-related Injury in ChinaThis chapter introduces the concept of work-related injury andascertainment of work-related injury, the characteristic and functionsof ascertainment of work-related injury and makes a conclusion that theperfection of the work-related injury system shall be based on theperfection of ascertainment of work-related injury. This chapter alsointroduces the establishment, reform and development of ascertainment ofwork-related injury and gives progress and defect analysis and evaluationon ascertainment of work-related injury in each historical stage, whichleads to analyze of the existing problem on ascertainment of work-relatedinjury.Chapter2Ascertainment of Work-related InjuryThis chapter introduces and analyses the current ascertainment ofwork-related injury on the basis of the subject of ascertainment ofwork-related injury, the definition of industrial accidents and theprocedure of ascertainment of work-related injury. Based on the practicalexperiences, this chapter also analyses and points out that the subject of ascertainment of work-related injury is unreasonable, the definitionis ambiguous and the procedure is complex.Chapter3Ascertainment of Work-related injury in Other CountriesThe regulations of the International Labor Organization can be seenthat the definition of industrial injury is more and more comfortable.The United States ascertains work-related injury with “personal injuryarising out of and in the course of employment”. Germany adopts causalitytheories and ascertains the work-related injury by the combination ofabstract generalized regulations and special listed regulations. Japanadopts the theory of “injury during the work” and “work cause theinjury”. This chapter puts forward the reference meaning to perfect theascertainment of work-related injury in China by analyzing andresearching the theories abroad and definition on ascertainment ofwork-related injury.Chapter5The Suggestion on the Perfection of Ascertain ofWork-related Injury.The author offer suggestions on the perfection of ascertainment ofwork-related injury from the subject, the definition and the procedure.The subject reform of ascertainment of work-related injury is to establisha socialized organization. The definition shall be perfected by acombination of general articles and special listed articles. Theprocedure shall be amended by conferring a right for the labor arbitrationand the court to ascertain the work-related injury, simplifying theascertainment of work-related injury procedure, introducing theinstitution of public hearing and strengthening the collection ofevidences.