Study On The Identification Of Sudden Disease Death Regarded As “Work-Related Injury”

The efforts of workers are the key to the development and progress of economy and society.The compensation of industrial injury insurance is the institutional arrangement for workers to avoid being in a desperate situation due to occupational disasters,and the identification of industrial injury is the premise of industrial injury insurance compensation.According to the regulations of industrial injury insurance in China,the identification of industrial injury and the deemed industrial injury are two kinds of legal cases of industrial injury identification.The deemed industrial injury includes "sudden death of disease or invalid death after rescue within 48 hours during working hours and post".In practice,it is difficult to form a unified applicable legal standard because of the differences in the understanding of working hours,working posts,sudden diseases and 48 hour rescue time.At the same time,under the new situation,the vigorous development of new business forms,especially the impact of the new coronavirus epidemic,have brought new impact on the identification of sudden diseases as industrial injuries.In view of this,it is extremely necessary to sort out the historical development and theoretical controversy of the system of sudden illness as industrial injury in China,analyze the existing practical problems combined with practical cases,and then put forward relevant suggestions on legislation.In addition to the introduction,the paper is divided into five parts.The first is the origin and development of the system of “regarded as work-related injury”.From the origin of the system of deemed work-related injury in the 1960 s to the transition of the system of deemed work-related injury in the 1990 s,and finally to the determination of the system of deemed work-related injury in 2003,this paper gives an overall description of the development and evolution of the system of deemed work-related injury,which provides a basis for the next stage of research.Secondly,there is a theoretical debate on the identification of “regarded as workrelated injury”.Regarding the identification of "deemed work-related injury",it is mainly divided into lenient interpretation and strict interpretation.These two theories understand the legislative intent and spirit of the work-related injury insurance regulations from two aspects of protecting the rights and interests of workers and balancing the interests of employers and workers.Through the analysis of the two theories,the author puts forward his own point of view: under the principle of balance of interests,moderately relax the identification standard of sudden disease "deemed as industrial injury",so as to achieve the purpose of safeguarding the rights and interests of workers.The third is the practical confusion of the identification of sudden disease “regarded as work-related injury”.From the typical cases,we can see that due to the imperfection of the current legal provisions regarding the definition of working hours and posts,the scope of sudden illness and "48 hours",there are the following puzzles in the field of practice:first,how to define the working hours and posts for the special groups who need to work overtime actively in practice,There are differences between the judicial field and the administrative field.The two is the recognition of some special cases during the period of COVID-19,and the explanation of working hours and jobs has gone beyond the scope of literal interpretation.Three,the novel coronavirus pneumonia is not enough to cope with the rise of new formats and new crown pneumonia.The extension of the new term is far fetched and easy to cause disputes.Fourth,there is no provision of the standard of sudden disease,which leads to the standard of the identification of industrial injury is too broad.Fifthly,the 48 hour rule has caused a lot of disputes,which is contrary to the principle of fairness of the law.The fourth is the extraterritorial investigation on the identification of “regarded as work-related injury”of sudden diseases.Germany’s cause relevance standard emphasizes the core position of work cause in the identification of industrial injury,while the United States’ work process standard of Combining Leniency with severity gives preferential protection to relatively vulnerable workers on the basis of affirming work cause.The experience of the above two countries can provide reference for the next step in the legislative level to improve the system of deemed industrial injury.The fifth is the legislative improvement of the identification of sudden disease“regarded as work-related injury”in China.In view of the problems existing in the practice of the identification of "deemed industrial injury" in China sorted out in the paper,the following suggestions are put forward on the legislative level: first,general legal provisions are added to deal with the identification of industrial injury of employees in various complex situations and new formats.The second is to formulate the identification standard of sudden disease death,so as to avoid too wide identification scope of industrial injury.Third,abolish the 48 hour rule and safeguard the principle of fairness of the law.