Occupational disease disability assessment and compensation

Author: Zhuang Hongsheng
Publisher:
Publishing Date: 2005-10-01
Features: Introduction: With the implementation and revision of the Occupational Disease Prevention and Control Law of the People's Republic of China, the state has placed increasing emphasis on the prevention and control of occupational diseases. In recent years, many relevant laws and regulations have been introduced, such as the Labor Law of the People's Republic of China, the Work Safety Law of the People's Republic of China, the Work-related Injury Insurance Regulations, the Management Measures for Occupational Health Surveillance, the Measures for Investigating and Handling Occupational Disease Accidents, the Management Measures for the Diagnosis and Identification of Occupational Diseases, the Measures for the Scope and Handling of Occupational Diseases, the Regulations on Labor Protection in Workplaces Using Toxic Substances, the Assessment of the Degree of Disability Due to Work-related Injury and Occupational Disease, and the Standards for Assessing the Degree of Disablement Due to Non-work-related Injury or Illness. Most of these laws and regulatory documents are in a provision-based and enumeration-based format, making them difficult to operate in judicial practice. Some provisions often lead to disputes in interpretation, especially regarding many diseases listed in the Occupational Disease Catalogue, which lack objective standards for judicial identification.
Occupational Disability Identification and Compensation elaborates on the above issues from the perspectives of law, forensic medicine, and medical science. It primarily serves as a reference for occupational disease identification institutions during judicial identification, ensuring the fairness, scientific rigor, and objectivity of the conclusions. At the same time, it aims to support the comprehensive implementation of China's Occupational Disease Prevention and Control Law and its affiliated regulations, helping workers protect their legitimate rights and interests to obtain due compensation.
In recent years, with the acceleration of economic development and the continuous improvement of industrialization, the number of occupational labor accidents and occupational poisoning incidents has shown an upward trend, particularly in three-in-one enterprises and private enterprises, where occupational disease-related incidents have become more pronounced. Due to employment difficulties, a large number of surplus laborers engage in toxic and harmful work despite the risks. This has led to a significant increase in occupational disease incidents, severely endangering the physical health and safety of workers.
The definition of occupational diseases is crucial for their prevention and the protection of workers' physical and mental health. Occupational diseases primarily refer to illnesses caused by specific working conditions or environments during production or work. They are usually diseases resulting from mechanical or chemical stimuli in industrial production. In other words, they are illnesses caused by factors such as dust, toxic substances, noise, high temperatures, low temperatures, vibration, and radiation, which lead to pathological changes in certain organs of the human body and result in systemic diseases.
This book focuses specifically on the unique nature of occupational diseases, avoiding excessive generalization or purely medical discussions. Instead, it integrates relevant disciplines such as occupational disease prevention and control laws and regulations, forensic medicine, judicial identification, and medical science, setting it apart from ordinary legal books, forensic medicine books, and medical books. This is the book's most prominent feature.
As part of the Practical Series on Personal Injury Identification and Compensation, this book serves as a reference tool for labor and personnel management departments at various government levels, trade unions in enterprises and institutions, labor departments, and insurance agencies in handling various occupational damage incidents. It can also be used by case handlers, judicial identification personnel, and lawyers in public security organs, procuratorial organs, judicial administrative organs, and courts. Additionally, it is suitable for teaching reference in law schools, medical schools, and insurance programs. It can also serve as a guide for workers in protecting their rights to life and health compensation in case of accidents.
Due to the broad scope of its content, the author may not have in-depth research in all the specialized disciplines covered. Therefore, some shortcomings may exist in the book, and the author sincerely invites criticism and corrections from readers.
Author's Note: October 2005
This book elaborates on occupational diseases from the perspectives of law, forensic medicine, and medical science, primarily serving as a reference for occupational disease identification institutions during judicial identification to ensure the fairness, scientific rigor, and objectivity of the conclusions.