Legal Study On The Occupational Disease Relief Of The Employee

In recent years, we know more and more about occupational disease gradually. There are many kinds of cases about it which are very complicated in our China. There are many problems about the process and way of the occupational disease relief of the employee. This article is about to do some legal research about the occupational disease relief of the employee from the following four aspects.The first part is about the legal analysis of the occupational disease relief of the employee. Firstly, compared with the employing unit, other employees and the time when he is healthy, the employee who is attacked by the occupational disease is the weak. To give the weak special protection is the basic spirit of the law. Secondly, the emergence of the occupational disease will not only bring the employee much Physical and psychological damage, but also bring their family big mental damage, and it is the request of the principle that we should ensure the health of the citizen. Thirdly, the workers creates profits for the enterprise and are attacked by the occupational disease, so as the receiver of the profit the enterprise must undertake the obligation to relieve the ill worker, which is also the reflect of the social responsibility that it should bear and the request of the principle that right and obligation should be reciprocity. Fourthly, the justice value of law request that we should reward good and evil. The worker is attacked by the occupational disease because of the labor contribution to the enterprise, and the disease brings the worker and his family devastating blowing, so it is the request of the justice value of the law that our country should give the relief of the occupational disease mandatory security. Finally, occupation disease is a problem which is attended by the entire international community. The International Labour Organization revised the catalogue of the occupational disease and issued many legal documents, such as the occupational safety and health convention. The United States, Japanese and Britain also set different range of criminal responsibility including property penalty and freedom penalty, which can help to ensure the right and interests of the workers that suffer from the occupational diseases. So it complies with the international trend that we relieve the worker who is attacked by the occupational disease.The second part is about the cognizance of the occupational disease. Firstly, the reasonable set of the occupational disease diagnosis institution is the premise of the scientific recognition. The set of the occupational disease diagnosis institution should follow the following basic principles, professional, neutral and regional restrict. The regulation of the occupational disease diagnosis and appraisal management measures (revised draft) perfect the set of the occupational disease diagnosis institution. According to this law, the relative department must announce the list of the occupational disease institutions to the public of its administrative areas and designate the medical and healthy institutions which can meet the conditions to undertake the obligation to diagnose the occupational disease. However, in my opinion, under special circumstances the diagnosis of some non-statutory authority that have the related technical conditions can be thought as a supplement, and it can also be a complete index to supervise and appraise the legal appraisal organization. Secondly, the author discusses about the basis of the affirmance of occupational disease. The current legal types of occupational disease includes115kinds which is regulated by the notice on printing and distributing the occupational diseases list. Finally, the article discusses about the process and deadline of the affirmance of occupational disease. The process of the affirmance consists of the following parts, the diagnosis of the occupational disease (the appraisal of the diagnosis), the appraisal of industrial injury and the appraisal of labor ability. And the process to determine the relief way includes consultation, mediation, arbitration and litigation.The third part is about the concrete measures to relieve the employee that is attacked by the occupational disease. Firstly, if the employee that has been affirmed to have been attacked by the occupational disease has attended the industrial injury society insurance, he can enjoy the corresponding injury society insurance treatment according to the degree of damage and the remaining rights that have not been compensated should be compensated by the employing unit. Secondly, the employing unit should ensure that the ill worker have the right to change his working post. Thirdly, the employing unit should supply the ill worker with the assurance of their later life. Finally, under some special circumstances, the relative employing unit should undertake the obligation fairly.The fourth part is about the government responsibility to relieve the ill worker and except cases of the relief. Firstly, the government should do well in the awareness the occupational disease, which can help to strengthen the public awareness to stop the occupational disease. The government should also supervise the production environment of the enterprise strictly, which can assure the safe environment of the enterprise. The government should also provide necessary funds support for the enterprise that are not very strong and have heavy burden. Secondly, if the worker do not obey the production process which leads to the occupational disease, refused to accept the labor ability appraisal or refuse to accept the occupational disease treatment, the obligation of the employing unit to relieve the worker who is attacked by the occupational disease can be exempted.