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Research On Claim Procedure Of Occupational Disease

Posted on:2020-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:K F ZhouFull Text:PDF
GTID:2416330590958692Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the number of occupational disease patients in China has been increasing.The identification of occupational diseases adopts an enumerative legislative model in China.According to the Regulations on Industrial Injury Insurance,occupational disease is also a kind of industrial injury in China.Occupational diseases are different from traditional accident-type occupational injuries in several aspects.The definition and types of diseases are clearly stipulated in the Occupational Disease Prevention Law of the People's Republic of China and the Occupational Disease Catalogue and Classification.The stages of the process of obtaining relief or compensation for patients with occupational diseases are regulated by laws and regulations such as the Occupational Disease Prevention Law of the People's Republic of China,the Regulations on Industrial Injury Insurance,and the Measures for the Management of Diagnosis and Identification of Occupational Diseases.The Law of the People's Republic of China on the Prevention and Control of Occupational Diseases has a clear definition of the substantive standards for the identification of occupational diseases According to the Regulations on Industrial Injury Insurance,the procedural identification of occupational diseases can be divided into three stages: the diagnosis and identification of occupational diseases,the identification of industrial injuries and the identification of labor capacity.They fulfill their respective obligations by different departments,and determine the degree of impairment of the working ability and living ability of occupational disease patients determine their treatment of industrial injury insurance.Firstly,this paper chooses the occupational disease group of peasant workers as the typical group of occupational disease patients.Starting with the statistics of migrant workers in recent years from the State Statistical Bureau,it summarizes the reasons why the occupational disease patients such as migrant workers are vulnerable to the threat of occupational disease and the necessity of relief for this group.Secondly,combined with the current laws and practical cases,it summarizes the defects in the identification of occupational diseases in China;such as the limitations of the applicants and appraisal institutions in the diagnosis and appraisal of occupational diseases;the collection of evidence and application materials for identification of labor relationship troubles the occupational disease patients;the identification of industrial injuries is no longer indispensable in the process of occupational disease relief;and the compensation situation of occupational disease patients is unsatisfactory.Finally,based on the characteristics of occupational diseases and typical occupational disease patients migrant workers,six suggestions are put forward to improve the claim procedure of occupational disease patients in China.
Keywords/Search Tags:occupational diseases, migrant workers, right of claim, industrial injury insurance, civil compensation
PDF Full Text Request
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