| According to the first paragraph of Article 15 of the Regulations on Work Injury Insurance,during working hours and at work,death from sudden illness or death within 48 hours after emergency rescue is deemed to be a work injury.In the context of the rapid development of the market economy,employment forms have become increasingly diverse,and enterprises and society have gradually increased their attention to the issue of work-related injuries.The reason why the identification of deemed work-related injuries has received more and more attention is that the identification of deemed work-related injuries involves the well-being of every worker and the long-term development of enterprises,and whether our society can develop in a harmonious and stable manner to a certain extent hurts the attention.Same as the impact of work-related injury identification.In recent years,the work-related injury identification mechanism and work-related injury insurance system have not been reformed with the development of society.However,by observing the practical effects in recent years,it can be found that the practical effects of deemed work-related injuries are not very satisfactory.Obviously,since the formulation and implementation of the "Work Injury Insurance Regulations",the first paragraph of Article 15 has caused considerable controversy and has often become a major controversy in the regulations.Although there are some amendments to the "Work Injury Insurance Regulations",there are no changes to the first item of Article 15,paragraph 1,so the problems caused by this clause have not been resolved.This article stipulates a 48-hour time limit,and fails to clarify the legal concept in the article,which has led to a large number of cases with different judgments in practice.Therefore,this article studies this clause through three parts: empirical research,normative research,and perfect path,especially the 48-hour rule.First of all,in the empirical research part,it is learned that in practice,most judges have protected the legitimate rights and interests of workers through this clause,but there are also cases where the rights and interests of some workers have not been protected;The comprehensive understanding of the clause found the reasons for the implementation deviation of this clause,and summarized the common controversies;finally,in the part of the improvement path,from the legislative level,it put forward perfect suggestions such as setting time limits for different emergencies.The judicial level puts forward applicable recommendations from both macro and micro perspectives. |
