Research On The Identification Of "Regarded As Work-related Injury"

The first paragraph of article 15 th of the Regulation on Work-Related Injury Insurances,about the regulation of regarding the treatment of work-related injury,purport to more effectively protect the legitimate rights and interests of workers and enable them to obtain economic compensation from work-related injury insurance.However,the promulgation of this provision not only aroused discussion in the theoretical circle,but also brought the contradiction between administration and judicature in the concrete application.There is a deviation between the original intention and the practical effect,which makes the public question the credibility of the result of the identification of work-related injuries.This provision even brings certain ethical risks and infringes upon the interests of laborers in a weaker position.Therefore,it is necessary to attach great importance to the series of potential problems brought about by the provision and improve its maneuverability.This paper is based on the present situation of scholars' researchon the problem of work-related injury.Using the literature research method,the related monographs,periodicals and dissertations were consulted,analyzed and sorted out so as to fully understand and study the problems existing in the treatment of work-related injuries.The case analysis method is used to analyze the typical cases.The characteristics of the case,the result of the judgment and the problems reflected are further discussed.The comparative analysis method is also adopted to compare and analyze the regulations of foreign countries,so as to draw lessons from its merits and put forward some suggestions to our country.This paper discusses the concept of regarded as work-related injury and the controversy caused by it.The connotation of " working hours","working position" and "sudden illness" stipulated in15 th articles of the Regulation on Work-Related Injury Insurances are analyzed respectively.Moreover,the connotation and rationality of the "48 hours" clause are analyzed and reviewed.Finally,by drawing on the relevant provisions of foreign countries,puts forward some suggestions on the identification of regarded as work-related injuries in our country.