On the Legal Application Dilemma of the Identification of Work Injury Caused by Infectious Diseases and Its Solutions
Abstract
Although the country has achieved leapfrog development in recent years, all walks of life have made great progress, but
due to the short development time, there is still a certain gap in laws and systems compared with developed countries, and there
is still a lot to improve the place. For example, the current legal concept of "work-related injury" is absent, and the concepts of
"occupational infectious disease" and "occupational disease" have not been censored. Actually, there are no clear regulations and
implementation when the identification is carried out. At this stage, the lack of general provisions for the identification of workrelated injuries and the closure of the identification of occupational infectious diseases have made the application of the law for the
identification of work-related injuries of infectious diseases quite embarrassing. Based on this, this article elaborates on the legal
application dilemma existing in the identification of work-related injuries of infectious diseases, and puts forward some opinions
based on its own practical experience, hoping to have a certain reference significance for improving the legal application of workrelated injury identification of infectious diseases in my country.
due to the short development time, there is still a certain gap in laws and systems compared with developed countries, and there
is still a lot to improve the place. For example, the current legal concept of "work-related injury" is absent, and the concepts of
"occupational infectious disease" and "occupational disease" have not been censored. Actually, there are no clear regulations and
implementation when the identification is carried out. At this stage, the lack of general provisions for the identification of workrelated injuries and the closure of the identification of occupational infectious diseases have made the application of the law for the
identification of work-related injuries of infectious diseases quite embarrassing. Based on this, this article elaborates on the legal
application dilemma existing in the identification of work-related injuries of infectious diseases, and puts forward some opinions
based on its own practical experience, hoping to have a certain reference significance for improving the legal application of workrelated injury identification of infectious diseases in my country.
Keywords
Infectious Diseases; Work Injury Identification; Application of Law; Solutions
Full Text:
PDFReferences
[1] Hou Lingling. Reconstruction of Work Injury Exclusion Rules: From Fault to Causality[J]. Chinese Law. 2019 (5).
[2] Zheng Xiaoshan. The construction path of the general clauses of industrial injury determination[J]. Legal Research. 2019 (4).
[3] Cheng Xiang. The 48-hour judicial application and improvement path for the determination of industrial injury[J]. Legal Expo. 2015(26).
[4] Sasha Holley,Louise Thornthwaite,Sharron O’Neill,Ray Markey. Reforming a complex system: the case of NSW workers’ compensation and return to work[J]. Labour & Industry: a journal of the social and ec. 2015 (2).
DOI: https://doi.org/10.18282/l-e.v9i4.1673
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