Study On "Sudden Disease Is Regarded As A Work-related Injury "

"Sudden disease is regarded as a work-related injury " is regarded as one of the cases of work injury as stipulated in Article 15 of China's Work Injury Insurance Regulations."Regarded as a work-related injury" has abandoned the core element of work injury identification-"work cause",and expanded the scope of "work injury".It is a supplement to "work injury".The original intention of "regarded as a work-related injury" was to include some special circumstances into the scope of work injury,so as to strengthen the protection of the rights of these workers.Article 15 of the "Injury Insurance Regulations" provides three types of situations that can be regarded as industrial injuries.The other two situations are relatively less controversial because they are less applied.However,owning to the deficiency in legislation,misplacement is caused when Human Resources and Social Security Departments are identifying a work injury,and in judicial trial,same cases may lead to different decisions.The categories of "working hours" and "working post" are most controversial.And merely interpretation of the meaning can no longer meet the needs of judicial practice.So it is urgent to clarify its connotation and expand its extension.At the same time,"sudden disease is regarded as a work-related injury" has also caused moral controversy.The "48 hours" time limit has led some workers' families to voluntarily abandon treatment and control the death time of workers not to exceed 48 hours.The collision of law and morality,the collision of money and life,are frequently staged.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the basic theoretical analysis of "sudden disease is regarded as a work-related injury ".First of all,the concept of "regarded as a work-related injury " is clearly defined,and the legislative history of it is reviewed.Refer to the legislative background and grasp the legislative spirit.Then,based on the interpretation of the law,the four identified elements of "sudden disease is regarded as a work-related injury " : working hours,working post,sudden disease,death,or death through rescue within 48 hours,are cleared.The second part is the review of the implementation of "sudden disease is regarded as a work-related injury ".Sort out its shortcomings and controversies it faces from six aspects: "working hours and posts",the scope of "sudden disease",the correlation between "sudden disease" and "rescue",death criteria,initial diagnosis,and 48-hour time limit.The third part is the actual investigation of "sudden disease is regarded as a work-related injury ".According to the controversial issues discussed above,and combining the typical cases in the practice,analyze and discuss the controversial issues,and point out that the scope of "working hours and posts" should be appropriately expanded,the scope of "sudden diseases" should be appropriately narrowed,and the relationship between "sudden disease" and "rescue" should be appropriately relaxed.The death criterion can be a dual standard of "brain death and heart death".The initial diagnosis does not require confirmation,and the 48-hour time limit should be strictly observed.The fourth part is some suggestions for improving the "sudden disease is regarded as a work-related injury" system.Starting from two aspects of legislation and justice,in the legislation,it is recommended to clearly specify the tiered treatment of different rescue consequences.And as to the legislative model,it is recommended to use a combination of general and enumerated methods.Judicially,it is recommended to give play to the role of judges in explaining the law and the courts in filling loopholes in the law.