The Identification Of Industrial Injury In Industrial Injury Insurance System

When we talk about social security in our country,the endowment insurance that affect pension and the medical insurance that guarantee disease treatment should be the first to be considered,and the inductrial injury insurance regards as the lightest burden among the Five-insurance has weakly presence and always be ignored by insured unit and insured person.In fact,a work-related injury can happen to anyone in everyday like slipping on the job,injury caused by improper operation of working equipment,traffic accident with non-primary liability happened in commuting time,and these are the most common situations that can be identified as inductrial injury.Inductrial injury insurance is take as the minimum guarantee of working without worries about personal injury,and the administrative procedures that activate the compensation mechanism is the determination of work-related injuries.With the continuous change of society,the diversification and innovation of employment forms will inevitably lead to more complex forms of industrial injury,and the complex forms of presentation gradually make the existing identification system not comprehensive and reasonable.The effective reform of industrial injury identification system in our country is imminent.According to the author’s observation for several years,the data of Wuhan city shows frequent occurring of injury,increasing number of injured people,endlessly emergence of controversy,and instability swing of public opinion.These situations are primary caused by the fact that enumeration method can not fully cover all kinds of work-related injuries,and conceptual provisions are also limited by different cases,which leads to different application results of provisions,thus resulting in the result of"different judgment in the same case" in the ascertainment of industrial injury.The lengthy procedure of identification also makes it almost impossible for the injured workers to alleviate the imminent economic loss through the process.The distribution of power in institutions is relatively decentralized,leading to a part of injured workers who wanna protect their own rights has to go back and forth between relevant departments.The lack of manpower leads to the superficiality of survey,and the lack of professional personnel leads to the routinization of survey.In order to avoid economic losses or maintain goodwill,the employer has not exercised its rights and fulfilled its obligations within the scope prescribed by law.These problems what said above lead to the accumulation of contradiction in the steps of industrial injury identification,and seriously influence the effect of industrial injury insurance.In response to the above-mentioned problems,I think it can start from the following aspects.Firstly,the identification standards should be perfected from the legislative source.,and the parallel mode of abstraction and enumeration can be adopted specifically.At the same time,the "shall be regarded as industrial injury" situation should be further clarified.Secondly,streamlining the identification procedures from many aspects such as material collection,document delivery and relief channels is necessary,and it can mainly starts from the following aspects:actively exercising the function of affirmation of labor relations,streamlining the ways of relief,giving the court the final affirmation power and strengthening the coordination and information sharing between departments.Thirdly,implement the process of investigate and collect evidence,including reasonable allocation of human resources and the introduction of a hearing system.Finally,the unit must get heavier illegal punishment,especially those who should insure for employee but didn’t and those who defraud for insurance fund,and the accountability of relevant personnel is indispensable.