Research On The Identification Standard Of Industrial Injury In Sudden Disease Death

As a labor rights protection system with Chinese characteristics,the industrial injury system has played a huge role in making up for the damage suffered by workers since its promulgation.However,with the enrichment and development of social work form and content,this system has also exposed many problems in the actual judicial process,especially in the identification of sudden illness death as work injury,such as the different understanding of the concepts of ’ working time ’,’working position ’ and ’ sudden illness ’,and the ethical paradox of ’ 48 hours ’ time limit,resulting in the disconnection between legal provisions and reality.Therefore,it is necessary to explore the identification standards of sudden illness death as work injury and optimize the standards to adapt to social development.Through the analysis of the historical evolution of the system and empirical cases,the problem of the death of sudden illness being regarded as the standard of work injury is concentrated in the interpretation dilemma caused by the unclear key concepts of the system.It is mainly about the different understandings of the meaning of working hours,the unclear definition of jobs and workplaces,the unclear types of diseases in the case of sudden illness,and the controversy over the 48-hour limit.Among them,there are not only the lag and imbalance of interest protection in the design of the system itself,but also the deviation caused by social factors such as the contradiction between administration and trial,and the different quality of administrative law enforcement personnel in the practice.Therefore,for the improvement of the identification standard,we should return to the thinking of the system design itself and the analysis of the key concepts.In the system design,we should make up for the defects of the system design by constructing the ’ small general clause ’ of industrial injury identification,that is,’ in working hours and workplaces,accidents caused by work causes or sudden diseases should be identified as industrial injury.’ On the analysis of the key concepts,according to the medical standards,it should be included in the category of ’ sudden disease ’ identification.At the same time,through the expansion of the death results,the standard of industrial injury identification of sudden disease death is more reasonable and humanized.