As the propulsion of industrialized process, the company raises quickly with labour, inductrial injury liability accident happens from time to tome, inductrial injury form also with each passing day diversification, the phenomenon that the worker breaks out a disease in working hours and working station is not rarely seen also. To ensure legitimate rights and interests of the worker, maintain social stability, the State Council edited 2010 promulgate " byelaw of inductrial injury insurance " (the following abbreviation " byelaw " ) conditional ground inspects this kind of condition handle with inductrial injury. " byelaw " the 15th the first (one) regulation, "In working hours and working station, sudden disease dies or be in 48 death disables via rescue in the hour " inspect with inductrial injury. In judicatory practice, right " 48 death disables via rescue in the hour " the understanding that inspects those who be the same as inductrial injury to maintain existence to differ, also put in many difference to the processing of this kinds of case. Accordingly, be necessary li Qing Dynasty is known, unite juridical standard.
Many people think, "48 hours " restricted regulation, lack sufficient theory and medical basis, caused " dying quickly is inductrial injury, must be not inductrial injury slow to death " unreasonable phenomenon, and " 48 hours " besides of death eliminate to be besides inductrial injury limits, the proper increase that can cause many worker cannot get protection. Accordingly, "48 hours " restricted regulation, human nature of lack be thinkinged is changed and be oppugned extensively. In judicatory practice, ever also appeared break through this restricted to provide applicable case.
The author thinks, should proper understanding and applicable " 48 hours " restricted regulation.
What need to make clear above all is, inductrial injury is the harm that in pointing to labor process, happens, emphasize the accident harm that happens in station of working hours, work, include occupational disease, but do not include common disease. " byelaw " the 14th set condition of 7 kinds of inductrial injury clearly. With the death that the disease breaks out to bring about between time limit for a project, will strictly discuss the range that does not belong to inductrial injury insurance originally, but to highlight the protection of pair of laborer interests, " byelaw " the 15th specific provision " inspect with " inductrial injury, bring into its inductrial injury limits. But to balance rights and interests of labour and capital, eliminate to have nothing to do with the job the case that the disease causes casualties to maintain, avoid to will break out a disease to enlarge inductrial injury limits without limit inside, " byelaw " made " 48 hours " restricted regulation. Although such legislation stipulates the likelihood exists to be in inconsequently, but in judicatory process, should strict applicable " 48 hours " restricted regulation. Be in to breaking out a disease 48 death disables via rescue in the hour, also maintain for inductrial injury; To be in 48 death disables via rescue besides the hour, should not maintain for inductrial injury.
"48 hours " restricted regulation, in bringing about practice, compensate for to obtain inductrial injury, sudden disease worker and its family member choose " euthanasia " or the happening of the phenomenon that abandons rescue. The viewpoint thinks, right " 48 hours " inside choice suicide or the entirely that abandon rescue are maintained for inductrial injury. The author thinks, be in to breaking out a disease " 48 hours " in can deny what the choice after classics rescue commits suicide or abandon rescue death it is inductrial injury surely, cannot treat as the same, should inspect a condition concrete analysis.
If the hospital is in " 48 hours " in through rescue, the worker that diagnoses affirmatory sudden disease does not have the likelihood that continues to survive really, so sudden disease worker and its family member choose " euthanasia " or abandon rescue dying, should OK maintain for inductrial injury; If the hospital passes rescue to diagnose the worker of affirmatory sudden disease,still have the possibility that continues to survive really, so sudden disease worker and its family member are in " 48 hours " in choice " euthanasia " or abandon rescue dying, should not maintain for inductrial injury.
Whether does the worker of sudden disease have the possibility that continues to survive, should be with the diagnostic proof of the hospital accurate. Whether to have in the worker classics rescue that cannot prove to break out a disease continue to survive below possible scenario, to prevent life of optional and illegal privative other, violate the happening of social ethics phenomenon, do not answer will be in " 48 hours " in choice " euthanasia " or the cognizance that abandons rescue death is inductrial injury.
In practice, still existence and abandon another kind of phenomenon with contrary rescue, servantchoose a person for a job namely unit or family member are not willing to abandon rescue, the worker relies on lung ventilator to control breath to " 48 hours " besides.
Can deny to this kind of case also have different opinion for inductrial injury surely.
A kind of opinion thinks, sudden disease worker is to be in " 48 hours " besides of death, should not maintain for inductrial injury; Another kind of opinion thinks, if the worker has not had surviving likelihood certainly inside 48 hours, it is unit of choose and employ persons or family member are not willing to abandon rescue only, cause dead time more than 48 hours via successive rescue, should maintain for inductrial injury.
The author thinks, do not be willing to forgo rescue opportunity, rescue exceeds " 48 hours " whether should maintain for inductrial injury, still should insist to whether be " 48 hours " in cognizance standard of death.
If be in " 48 hours " in the patient already appeared the heartbeat stops or cerebral death or breath stop to wait for a symptom, diagnose the likelihood that did not continue to survive certainly through the hospital, unit of choose and employ persons or family member ask strongly to continue rescue exceeds " 48 hours " , should can maintain for inductrial injury.
If be in " 48 hours " in the patient did not appear the heartbeat stops or cerebral death or breath stop to wait for a symptom, diagnose through the hospital whether cannot also have the possibility that continues to survive certainly, unit of choose and employ persons or family member insist to want to continue rescue exceeds " 48 hours " , issued death proves the hospital also is to be in " 48 hours " besides, should not maintain for inductrial injury.
