Study On The Identification Of Work-related Injuries In Home Office

Industrial injury identification is the basis of the industrial injury insurance system,and also the precondition for the relief of industrial injury workers,which is of great significance to the protection of workers’ rights and interests.At present,there are many disputes about the identification of work-related injury at home and office in our practice,which seriously affect the relief and protection of work-related injury workers.In this context,it is of great theoretical value and practical significance to study the identification of work-related injury in home office.Based on the analysis of the characteristics of home office,this paper points out the difficulties in identifying work-related injury in home office,and puts forward some suggestions to improve the mechanism of identifying work-related injury.The content mainly includes four parts.The first part is typical cases and the focus of disputes.Based on the case of identification of work-related injury in home office as a starting point,through the analysis of the focus of the case,it is found that there are many differences in the identification of work-related injury in home office in practice,which leads to the inability to realize the relief and protection of work-related injury workers.The second part analyzes the characteristics of home office and the status quo of the identification of work-related injury under home office mode.This paper summarizes the characteristics of home office from three aspects: working time,workplace and labor relations.Based on the analysis of its characteristics,this paper studies the status quo of home office injury identification from the perspectives of current legislation and judicial practice.The third part is to explore the difficulties in the identification of work-related injury in home office in China.Including the current industrial injury identification related laws and regulations do not include home office protection scope;It is determined that the mechanization of institutions is applicable to "three-work factors",without considering the characteristics of home office;Lack of principled legal norms and general provisions;There is no clear and important concept related to industrial injury identification in the law;Finally,the distribution of burden of proof in the identification of work-related injury at home and office,the identification of the subject and other specific rules are out of touch with the real problems.The fourth part is to put forward suggestions to improve the above problems.Including home work injury into the scope of industrial injury insurance protection;Make clear the core position of work cause as the identifying factor and introduce the theory of equivalent causality.The establishment of principles and general provisions to make up for the lack of enumeration of work-related injury identification;Define the concept of relevant elements of industrial injury identification;Refine the burden of proof for all parties;To clarify the relationship between the executive and the judiciary.The core reason for the frequent disputes over the identification of work-related injury at home and office is that the traditional identification system of work-related injury can no longer meet the needs of real life,but it has not been timely combined with the changes of The Times to carry out corresponding improvement and adjustment.Therefore,in the face of the identification of work-related injury in home office,we should combine the characteristics of home office mode and the actual situation to improve the identification system of work-related injury,so as to protect the rights and interests of workers and realize social equity.