Research On Work-related Injury "48Hours" Clause

As China’s social, economic, technological and cultural development, the original "Work Injury Insurance Regulations" in the implementation process inevitably there are some new difficulties and new problems, especially related injuries,"48hours" in the specific provisions legal practice revealed a serious shortcoming. As related injuries,"48hours" clause in the statute setting, judicial interpretation and enforcement of the labor process,"one size fits all" feature, resulting in many problems arise:If the narrowed scope of work-related injuries should be identified, excessive emphasis on time of death standards, resulting in workers’compensation standard single and so on. It is not only contrary to the "Work Injury Insurance Regulations" tilt protect workers receive compensation for injury purposes, can not share the employer’s reasonable employment risk, and China to build a harmonious and stable labor relations purposes incompatible. Through our related injuries,"48hours" clause concept, history, legislative purpose and legal basis of research, combined with "48hours" clause exposed shortcomings in practice fully learn from foreign advanced injuries that system and the rule concept, looking for the perfect of injuries that "48hours" clause effective way. Of injuries that "48hours" clause perfect, only social responsibility from sticking legislative concept, both fair and efficient, balancing the interests of injured workers and employers, stressing associated with the task and tilt protection for injured workers in order to accurately grasp and practice the spirit of the legislation related injuries that system; expand related injuries from the appropriate circumstances, adjustments related injuries system, establish and improve the operational mechanism of compensation, to strengthen legal supervision and management related injuries and other aspects of sound, in order to make our country related injuries,"48hours" clause more operational, so that our system related injuries more reasonable and scientific.