A Research On The Remedy For Patients Of Occupational Diseases In China

The occupational diseases are narrow occupational diseases in China, and its relevant occupational disease is blank. No matter China or International Labor Organization definition of occupational diseases, have highlighted the performance of occupational diseases is laborer in working process. Occupational diseases has diversity of pathogenic factors, delayed onset, its harm is occult and irreversible, the prominent characteristics of occupational disease has a long incubation period, brings to the laborer are long-term disaster. Occupational diseases not only cause huge damage to themselves, their families returned to bring disaster, social instability. However when the laborer suffer from occupational diseases want to get relief, it is necessary four stages that occupational disease diagnosis appraisal, occupational industrial injury, occupational disability identification, apply for occupational disease treatment.Occupational diseases patients want to get relief first of all to occupational disease diagnosis appraisal, the occupational disease diagnosis application subject is not clear, diagnosis and identification of institutional monopoly, let the data provided by the occupational disease patients is complex, occupational disease diagnoses in different places don’t approved, leading to the occupational disease patients even not past the first threshold. In occupational injuries cognizance phase, the data that is needed to be provided by identification of injure accident is difficult, industrial injury burden of division is not reasonable, and the problems on the stage relief is not reasonable, let the occupational disease patients get into trouble, despair.When applying for disability appraisal of occupational disease, existing disability appraisal main body structure is not reasonable, disability rating is not accurate, appraisal time for a long time and machinery, and occupational disease patients with disability appraisal rights can’t be fully embody, directly affects the treatment essence of occupational disease patients. At the end of the occupational disease patients apply for compensation, occupational disease patients in the treatment of industrial injury insurance and emergency treatment of industrial injury insurance of accident injury in the form of disabled class, its treatment is the same, medical insurance is insufficient, endowment insurance doesn’t barely exist, employ persons refuses to pay the employment insurance, directly causes to greatly reduce the compensation of occupational diseases. These problems hinder the relief of occupation disease.Investigate its reason of these questions, the author found of our country’s legal system is not perfect place, such as for violating the "Occupational Disease Prevention Law" don’t have severe penalties, did not effective curb the occurrence of occupational diseases. The highlighted problem is, employer pursuit of economic interests, ignore the basic rights of workers; when laborers suffer from occupational diseases and then use various artifices to create obstacles to obtaining compensation for occupational diseases. These problems reflect the occupation disease patients in China are vulnerable groups, legal awareness, low income, the right to health and the right of action is not guaranteed. In the whole process, the government also has certain responsibilities, its system of laws and regulations can not keep up with the development of The Times, safeguard the lawful rights and interests of workers; The inadequate corporate governance; In order to economic benefits, do not take the occupational disease prevention; Cause of occupational disease now at the outbreak period.In each stage, the author clarify the problems, explore the reasons behind, we should improve the related legal system of our country, strengthen corporate responsibility, the laborers themselves should improve the occupation disease prevention and legal awareness, More importantly, the Government of workers suffer from occupational diseases has not shirk responsibility. When the laborer is in the recourse to the enterprise, when the enterprise bears the responsibility or does not bear the responsibility, then the country should undertake the lowest and the final safeguard responsibility.