Study On Industrial Injury Identification Of Sudden Disease Death

The identification of industrial injury is the pre-procedure of whether workers who are injured by work can get the treatment of industrial injury,and it is also an important part of the legal system of industrial injury insurance.Perfecting the legislation of industrial injury identification in our country and giving fair and reasonable identification to injured workers is not only the original intention of industrial injury insurance legislation,but also the manifestation of the protection of workers in modern society ruled by law.In this paper,the first item of Article 15 of the Industrial injury Insurance regulations is taken as the research object,combined with academic theory and typical cases,this paper explores the problems existing in the clause of sudden disease death,and gives some personal suggestions.The first part is an overview of the identification of sudden disease death and industrial injury.First of all,it expounds the meaning and nature of industrial injury,the meaning and nature of industrial injury identification.Secondly,it combs the legislative overview of industrial injury identification of sudden disease death.Finally,four conditions for the identification of sudden disease death and industrial injury are analyzed: working time,work position,sudden disease,death or invalid death after rescue within 48 hours.The second part is combined with the case to put forward the problems existing in the identification of sudden disease death and industrial injury.First of all,it is about the legislation to ignore the causality between the cause and death of the work,the second is to think about the narrow identification of the job in practice,and the second is to think about the narrow identification of the job in practice.Thirdly,it questions the rationality of the time limit of "48 hours" and the identification of no industrial injury after 48 hours of death,and holds that the identification of non-industrial injury after 48 hours of death remains to be discussed.Finally,the serious social phenomenon of "overwork death" has not been brought into the scope of industrial injury by the legislation of our country at present.The third part is to improve the identification of industrial injury in the case of sudden disease death.First of all,it is necessary to clearly establish the causality between the death of sudden diseases and the causes of work.Although the emphasis on causality will narrow the scope of industrial injury identification under the currentlegislation,it does not violate the nature and principle of industrial injury.Secondly,the connotation and extension of the job are accurately defined,and neither the expanded understanding nor the narrow understanding is done.Again,the sudden disease that dies 48 hours later is included as the case of industrial injury,and its rationality is protected by the theory of considerable causality.Finally,the special industrial injury,which has not yet been regulated by the legislation of "overwork death",is included in the case of "overwork death",which has not yet been regulated by legislation.Sudden disease death situation is also regarded as industrial injury identification to give industrial injury insurance treatment.