Research On The Legal Issues Of The Identification Standards For Work-related Injuries In My Country

The seriousness and extensiveness of work-related accidents have caused disasters to workers.The core of work-related injury insurance is the standard of identification of work-related injuries.Once it is recognized as a work-related injury,the laborer has stepped into the stage of compensation for work-related injuries.Therefore,the work-related injury certification is the threshold for compensation for work-related injuries.Injury workers are not only physically and mentally injured,but also degrading their ability to work.This impairment not only affects the personal career of the worker,but also affects the family members who depend on the laborer.Therefore,it is particularly important to develop clear and reasonable work injury certification standards.Although the three-factor standard for work-related injury identification adopted in China has the advantage of clarity,its narrow scope,blurred borders and large legal loopholes have seriously affected the legitimate rights and interests of workers.With the development of modern society,various kinds of work risks gradually emerged.In order to safeguard the rights and interests of workers,the author believes that it is time to change the standard of work injury identification.The second chapter of this paper defines the concept of work-related injuries and briefly introduces the identification of work-related injuries in our legislation.Work injuries should be work-related injuries suffered by workers,including occupational diseases.From the perspective of historical evolution,the identification of work-related injuries has gone through a process from the development of tort liability in civil law to contemporary social security.The legal basis of modern work injury identification is first of all to guarantee the human dignity of laborers.Secondly,from the perspective of risk taking,the identification of work injury is a kind of socialization of risk sharing;once again,the identification of work injury follows the concept of basic rights protection.Finally,based on the unequal status of workers and employers,work injury identification takes the principle of giving priority to the protection of workers' rights.The identification of work-related injuries not only protects the rights and interests of laborers,but also reduces the burden on employers and effectively alleviates the contradiction between labor and capital.The third chapter examines the standard of work injury identification in Germany,the United States and Japan.Germany's identification of work-related injuries is mainly judged by causal analysis,and it focuses on the purpose of investigation in the causal analysis of work and injury.American law tends to judge from a subjective perspective to see whether work-related injuries originate from work and are in the process of work.The identification of work-related injuries in Japan lies in the cause of work.The fourth chapter analyzes in detail the current work injury identification standards in China.China's work injury certification standards are stipulated in the three provisions of the Work Injury Insurance Regulations.All three articles are presented in the form of one by one to indicate which circumstances are work-related injuries,and which situations are treated as work-related injuries and which situations should be excluded from the scope of work-related injuries.The fifth chapter puts forward suggestions for perfecting the current work injury identification standards in China.Firstly,the risk analysis of the work is carried out to determine which types of risks should be included in the insurance coverage.According to this,the identification of work injuries should be judged from two dimensions: one is work execution and the other is work cause.In addition,general provisions for work injury identification should be constructed to fill existing legal loopholes.