On Certification Of Work-related Injury Involve Employee’s Own Disease

The identification of work-related injuries in my country can be divided into two types: work-related injuries and deemed work-related injuries.The law stipulates the basic conditions for the identification of work-related injuries or deemed work-related injuries.Since these conditions are not completely clear,when the employee’s own disease is involved,work-related injury identification is more complicated.easily lead to disputes.The 25 relevant judicial cases that have occurred in my country in the past five years show that relevant disputes can be divided into different types.According to a main classification method,these disputes can be divided into three categories.Disputes;second,disputes involving selective identification of employee injuries and illnesses;third,disputes involving inclusive identification of employees’ single injuries and illnesses.When it comes to the employee’s own disease,my country’s existing work-related injury recognition models are mainly mutually exclusive and selective recognition models.They cannot cover all work-related injury recognition disputes.Therefore,it is necessary to expand my country’s work-related injury recognition model and introduce inclusive recognition.model.Judging from the case,in the application of the substantive rules,the operation of the court and the social security department is relatively consistent,mainly determining the conditions for the identification of work-related injuries according to the provisions of the "Regulations on Work Injury Insurance",and then judging whether the specific case meets these identification conditions,so as to distinguish employees.own disease factors and occupational injury factors.However,in terms of procedural rules,especially the allocation of burden of proof,the probability of the court to correct the decision of the administrative organ is relatively high.In order to better deal with the identification of work-related injuries involving employees’ own diseases,my country’s work-related injury identification rules should be further optimized.In the substantive rules,the concept of "incomplete work-related injuries" should be introduced and necessary clauses should be added to the "Regulations on Work-related Injury Insurance" accordingly.The analysis of causality must be strengthened;in terms of procedural rules,the burden of proof of all parties must be distributed in a balanced and reasonable manner.