Empirical Study On The Rule Of "48-hours Sudden Death Of Illness" As Work Injury

Article 15(1)of the Regulations on Industrial Injury Insurance stipulates that in working hours and in work,sudden death from illness or death or death within 48 hours shall be treated as work-related injuries.According to the provisions of this article,the “48-hour clause” is deemed to be the same as the work time,the job position,the disease,and the death within 48 hours.Controversial.This paper selects 500 cases of the same work-related injury identification from the Beijing University's magic treasure database.Through the statistics of the sample case sampling data and the analysis of the basic case of the typical case,it is more controversial in the judicial practice and theory about the rule of work-related injury.The controversial work time and job identification issues,48-hour related issues,and disease-related issues were introduced and analyzed.The protection of the rights and interests of workers who are disadvantaged groups is not guaranteed,and it is contrary to the legislative purpose of protecting the rights and interests of workers.There are three reasons for the risk and controversy arising from the same work injury rule.One is that the law enforcement has different standards for the legislative purposes of the Work Injury Insurance Regulations,and the other is the forma lization of the standard of work injury and the uncertainty of legal provisions.It is a sudden death or death as a rule or system.There is only one payment in the legal provisions to support it.It is too thin.Based on the new economic environment and t he employment environment,the legislator should grasp the legal attributes of the clause when perfecting the legal provisions.The situation of sudden death of illness should not be classified as the same as the injury clause,but should be regarded as ge neral.In terms of the identification of work-related injuries,the legislator should grasp the legislative purpose of the work-related injury identification,balance the rights and interests between the laborer and the employer,and enrich and improve the provisions for the same work-related injury,and revise the standards for the identification of work-related injuries.To explore the relationship between sudden illness and work,and to make the identification of the same work injury more substantive and fair.