The Analysis Of The Mr.Peng's Case On The Cognizance Of Industrial Injury

In the Work Regulation on Work-Related Injury Insurances,there is an article of “48 hour” rule,defining that an employee shall be deemed as having a work-related injury if he dies immediately or within48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace.This rule imposes a “48 hour” time limit to the judgment of the work injury,requiring that the worker dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace.It causes many workers suffering from work-related deaths and injuries not to be compensated properly.Furthermore,many workers and their family members give up the medical treatment as a result of their not being entitled the legal rights of work-related deaths and injuries compensation.This man-made rule forces the injured ones to make every effort to meet the time limit of death within “48 hours”,resulting in more social problems which are against the morality,ethics as well as laws.In this paper,the author holds that the work-related death and injury after emergency treatment for a disease suddenly arising during working hours in the workplace should not be simply imposed a “48 hour” time limit.The judgment and identification of it should be based on the analysis of the causes of death.Although the rule of “48 hour” is flawed,it is also suggested that it should be considered invalid.What the judicial circle should do is to modify the simple present compensation system forwork-related injury and death and to establish and optimize the multiple-level compensation system.The identification and judgment of the work-related injury should be based on the specific situation and reality of the case.Then the workers' employer or employ units responsibility of compensation is decided and determined.We could distribute the risks of work-related injury insurance to the whole society and nation,incorporating the responsibility of the employer and employ units.Thus the various methods of compensation are established,avoiding the over-reliance on the state power of work-related injury insurance.Thus a complete insurance and compensation system is established not to deprive the legal rights of compensation for the injured workers and their family members.