Research On Legal Issues Of Work-related Injury Certification Over Work-related Diseases Under The Background Of Coronavirus

China's work-related injury insurance system plays an important role in stabilizing labor relations and promoting economic development.At present,the percentage of case suffering from work-related illnesses in the working environment has increased,which requires further development of work-related injury certification.This article starts with the general provisions of the Regulation on Work-Related Injury Insurance(hereinafter referred to as the “Regulations”).Under the special background of public health emergencies such as the outbreak of coronavirus disease,this article tries to make legal analysis of the rights and interests of workers when they catch work-related diseases.This article analyzes the differences in the certification of work-related diseases in legal cases,discusses the legitimacy of certificate work-related diseases as work-related injury or obtain certain compensation,and puts forward suggestions on improving the identification of work-related diseases in order to better protect workers' legal rights and interests and improve the work-related injury insurance system.In addition to the introduction and conclusion,this article includes the following four parts.In the first part,this coronavirus outbreak is used as the background to raise the issue of this article: The protection for work-related disease in China 's work-related injury insurance system is not yet comprehensive.At present,China has no common rules for the identification of work-related disease,such as chronic diseases and hidden diseases which are not included in the occupational disease catalog.During the outbreak,the existing " Regulations" did not respond adequately to this.The second part is to sort out the legal relief for the employees who have suffer from work-related disease.It mainly includes the following three aspects: First is the analysis the type of work-related diseases.Work-related diseases in China include occupational diseases,diseases raise from work,occupational trauma and so on.The second is the legal application of work-related diseases under the current work injury insurance system.In practice,there are cases when different terms are used to support the judgement of same work-related illness.The general provisions of Article 14,Item 1 of the Regulations " A employee shall be ascertained to have suffered from workrelated injury if he is injured from an accident within the working hours and the working place due to his work" is used as the basis for work injury certification.Also,the pocket clause of the Regulations,Article 14,Item 7,"other circumstances provided for in laws and administrative regulations under which work-related injuries shall be ascertained".This difference will lead to the lack of certainty and the lack of common grounds for the work injury certification of work-related disease.The third part is the legal analysis of the medical staff who were infected with new coronavirus during the epidemic.First,as for the medical staff who are infected with the coronavirus the certification of work injury not only meets the essential requirements of the "Work Injury Insurance Regulations",but also responds to the practical needs of local labor administrations to identify work injury.Second,to sort out the situations in which work injuries can be identified in this epidemic.Type 1: In the prevention and treatment of coronavirus pneumonia,medical staff who are infected by performing their duties should be considered as work-related injuries.Type two: Employees who are assigned to work in the epidemic area and are infected can be identified as work-related injuries according to the provisions of Article 14,Item 5 of the Regulations,“Injury during his trip for performing his duties”.Type 3: Individuals who volunteer to provide voluntary services that meet the conditions of Article 15,Paragraph 2 of the Regulations,“Injured in activities for maintaining the state benefits or public benefits” may be deemed to be considered as work-related injuries.In the fourth part,several suggestions are made for the protection of employees suffer from work-related diseases.First,during public health emergencies,referring to the form of Good Samaritan foundation,the medical staff will be compensated and commended by other kinds of measures other than simply the treatment of work-related injuries.For example,the medical staff who died due to the prevention and control of the epidemic will be assessed as martyrs.Second,improve the identification mechanism for work-related injuries.Improve the identification system for the causal relationship between diseases and work-related injuries and improve the accuracy of identification.The judiciary could regularly publish typical cases to guide the work injury certification work.Third,in addition to compensation for work-related injuries,we should pay attention to preventing and recovering from diseases due to work-related disease.