Legal Analysis Of Qi On Work-related Injury Certification Dispute

Work-related injury certification refers to legal evaluation about the fact and nature of workers’ injury suffered from working, according to relevant provisions in laws. It can be defined as the administrative confirmation about whether workers’ injury is able to fulfill the composing element of work-related injury. As the starting point of industrial injury compensation, work-related injury certification is the procedural prerequisite of the assessment of labor ability, the conclusion of certification is the reference of requesting injury insurance benefits for suffered workers. And it’s also the premise to enjoy industrial insurance treatment which concerns the interest of the workers, such as the supply of their family members’ living source, the supporting of their children, and so on. Injury insurance belongs to the category of social insurance, work-related injury certification plays a fundamental role in fulfillment of work-related injury security, and also closely related to the sustainable development of economy and stability of society.This paper revolved around legal institution of work-related injury certification,which is combined with the actual case and theoretical analysis, and with comprehensive utilization of legal knowledge and the literature to extend the topic.There are three chapters in the paper:It briefly introduced the details of the work-related injury certification dispute case of Qi, and conclude relevant issues in chapter one;It decomposed related issues in chapter two, analyzed the relationship between definition of factual labor relations and work-related injury certification, application of the “three criterions” of the composing element of work-related injury and “traffic accidents on the way between home and office”, responsibility for occupational injury and contract managerial responsibility of operator;It states the reflections from the case in chapter three, analyze the existing defects in legal institution of work-related injury certification, for example, there’s no definite criteria of identification in current system of the law, the press of work-relatedinjury certification is complicated, there are no rules about the final decision, and the injury prevention mechanism in the law have no maneuverability. Besides, it puts forward some feasible proposals to perfect legal institution of work-related injury insurance, such as further perfect the criteria of identification, add general provisions,promote the process of work-related injury certification, give the court the power of final adjudication of work-related injury, perfect the related provisions of prevention of the work-related injury certification.