Research On The Identification Of Work-related Injuries Under Public Health Emergencies

China’s Work Injury Insurance Regulations adopt a comprehensive enumeration approach to delineate the scope of protection for work injury recognition by using Articles 14-16 as the boundary,which is simple and specific and highly operable.However,the rigid and direct enumeration cannot adapt to the new needs of social development.Under the public health incident,China’s work injury recognition cases are constantly controversial,and there are many imperfections and improprieties.Based on the dilemma of China’s work-related injury recognition system under public health emergencies,and based on the actual situation of China’s work-related injury identification system,this paper intends to put forward corresponding suggestions for improvement from the following aspects.At the legislative level,change China’s policy-oriented and fragmented legislative habits,improve the legislative level of work-related injury insurance,and promote the scientific and coordinated work-related injury legislative system.At the same time,flexible provisions are set for work-related injury determination,which broadens the extension of the system,weakens the closed nature of work-related injury determination,and effectively responds to the impact of public health emergencies on the current work-related injury identification system.At the level of application of law,judicial organs should improve the guidance mechanism for work-related injury cases,unify the concept of judicial adjudication of similar cases,label and refine the facts,focus,and legal application basis of disputed cases under public health emergencies,and refine the adjudication rules,so as to provide support for properly responding to the new normal of work-related injury determination.Administrative and judicial organs should also unify the criteria for the identification of work-related injuries,and reduce administrative and judicial conflicts during special periods by jointly issuing explanations on the difficult points and conflict points in the identification of work-related injuries in extreme disaster environments,and establishing a normalized coordination mechanism under public health emergencies.Based on the dilemma of China’s work-related injury recognition system under public health emergencies,and based on the actual situation of China’s work-related injury identification system,this paper intends to put forward corresponding suggestions for improvement from the following aspects.At the legislative level,change China’s policy-oriented and fragmented legislative habits,improve the legislative level of work-related injury insurance,and promote the scientific and coordinated work-related injury legislative system.At the same time,flexible provisions are set for work-related injury determination,which broadens the extension of the system,weakens the closed nature of work-related injury determination,and effectively responds to the impact of public health emergencies on the current work-related injury identification system.At the level of application of law,judicial organs should improve the guidance mechanism for work-related injury cases,unify the concept of judicial adjudication of similar cases,label and refine the facts,focus,and legal application basis of disputed cases under public health emergencies,and refine the adjudication rules,so as to provide support for properly responding to the new normal of work-related injury determination.Administrative and judicial organs should also unify the criteria for the identification of work-related injuries,and reduce administrative and judicial conflicts during special periods by jointly issuing explanations on the difficult points and conflict points in the identification of work-related injuries in extreme disaster environments,and establishing a normalized coordination mechanism under public health emergencies.