Was eventually identified as work-related injuries

June 19, appears on the Internet an article entitled "underage workers died one hour too late workers killed & lt; Injury Insurance Regulations & gt; threatening premature death? "The net posts. The net posts, said 17-year-old migrant Loudi Chen Guo Ji, when working in Dongguan Shijie severe heat stroke and death. Because Chen Guo died in the first 49 hours after the onset of his family after a lapse of 20 days yet to receive compensation.
 
I found that after verification, minors Fruit Chan indeed died of heat stroke, Dongguan City,In order to protect his wife , Guangdong Province, the social security sector has been identified as work-related injuries.
 
July 3, Chen Guo lifetime work units and families of the deceased to reach a compensation agreement, Fruit Chan family awarded 502,000 yuan.
 
After a month, it finally ending this dispute from the compensation,hogan 2014, but the resulting "48 hours" injuries that cause controversy thinking.
 
17 year-old boy died of heat stroke
 
Chen Guo Shu and the mother to the author recalled after the event: about at 10:00 on May 29, Chen Guo to leave the unit due to a high fever, to Shijie hospital drips. The next day, he did not return because of poor health unit to work. Approximately at 16:00 on the 30th, Chen Guo was transferred in serious condition because of Dongguan City Tung Wah Hospital ICU ward.
 
At 11:56 on May 31, Chen Guo died at Tung Wah Hospital. This distance he left the unit, has passed for about 49 hours.
 
I see that in the Tung Wah Hospital issued a "certificate of diseases",louboutin pas cher, the diagnosis for Fruit Chan was "severe heat stroke, multiple organ failure, electrolyte imbalance, lung infection, multiple effusion."
 
"Medical certificate of death," Chen Guo dependents stated on the death of the Department of Fruit Chan's "severe heat stroke."
 
Fruit Chan's death, whether its the unit level?
 
Tang Shu Chen Guo said Chen Guo was born in 1995,the child has died., before the accident are under 18 years of age. In June 2012, he entered the City striker Electronics Ltd. (hereinafter referred to as "forward electronic") to work on February 28 this year into formal work.
 
Electronic striker's main business is the production of induction cooker, Chen Guo workshop where power failure is responsible for testing the performance of high-temperature cooker. Cooker performance test, the water needs to be put to one hour of continuous heating cooker, so the room temperature is very high.
 
For specific temperature environment, the two sides has been controversial. The author repeatedly linked striker electronics, but no one answered the phone is always in the state.
 
Previously, Dongguan Times reporter interviewed had traveled striker electronic reports, around 12:00, Chen Guo original post position in the measured temperature of 30.2 degrees Celsius, saying the workshop fans, air conditioners are in working condition, shop windows are also open.
 
But Tang Shu Chen Guo said Chen Guo working environment temperature 37 to 38 degrees Celsius, the media called "30.2 degrees Celsius," striker electronic "changed after the accident in Fruit Chan workshop work environment," said Chen Guo also before workshop on the second floor from the original work is now changed to the first floor.
 
Chen Guo workshop attendance table shows before his death,46-year-old Liu Guanghui secu, May 20 to May 27, which is about a week before the death of Chen Guo, his daily overtime hours were about seven hours.
 
"48 hours" provides reasonable?
 
Family of the deceased, said Chen Guo's death, they repeatedly and forward electronic, police, social security bureau and the Bureau of Labor negotiations, hoping for Fruit Chan's death "an explanation", but has failed to get results. They were told that the provisions of Article 15, "Work Injury Insurance Regulations", died during working hours and jobs, sudden illness, or within 48 hours after she died,hogan sito ufficiale, and deemed work-related injuries. Fruit Chan is the first 49 hours after the onset of death, not claiming for compensation.
 
To solve this problem, I linked to the Shenzhen Chunfeng Labor Dispute Advisory Services Division director Zhang Zhiru, he had received Chen Xian Chen Guo's father's phone, and to provide legal advice for Chen.
 
Zhang Zhiru that "48 hours" misunderstanding related injuries. In his opinion, there are not physically own reasons Chen Guo heatstroke caused by their work environment and high temperature direct causal relationship, belong to the category who died.
 
According to Zhang Zhiru understood Shijie Town, Dongguan City Social Security Bureau has asked the families of the deceased to provide occupational identification Fruit Chan. "Press the" relevant provisions of the People's Republic of China Occupational Disease Prevention Law "and other occupational diseases identified by the company should apply, because the health of workers and occupational medical history archives kept by the enterprise. Let families identified basically impossible to achieve, because the family had no dead files,one of the men caught a pigeo,air max online, check the information. "
 
"May Dongguan temperature is not high, so I think by Fruit Chan's death affect the work environment is great, unless you can prove that Chen Guo dormitory where the temperature is high, companies can evade their responsibilities." Said Zhang Zhiru for occupational identification, he suggested that the family and business consultation to identify the application filed by the company, or to provide relevant material deceased. "Because of his death with the identification of bodies would make a relationship work environment to identify, determine whether the injury is a prerequisite for the next step to confirm the compensation."
 
For the "48 hours" related injuries is reasonable to accept the China Youth Daily interviewed many labor law experts have said, "This provision has unreasonable."
 
Kungang Li Anhui University Law School professor,the woman was rushed to hospital, said China's current injury criteria adopted "cited law," and no definition of work-related injuries, which can lead to some injuries difficult to incorporate into injured areas. The 48 hours of provisions for sudden illness, only consider the time, does not consider the reason,tiffany milano, then, injuries and causes of death difficult to incorporate into the work injury category, death is not a result of the work may also be recognized as work-related injuries.
 
Professor of Humanities and Law Beijing University of Chemical Technology, Law Department Changli Xue also on the "48 hours" requirement "reservations." He said that this provision unreasonable lot, one of the problems is to induce the patient's family to give up treatment. In reality, the situation is due to the "48 hours" restrictive provisions shall be borne by the party alone,http://www.mondokiddo.fr/, the prevalence of occupational injuries with a certain universality.
 
"Because the individual's physical condition is inconsistent, or death standards, moral hazard, implement operational and other reasons, whether it is defined as 48 hours, 72 hours or 96 hours is not science, this provision should be abolished." Changli Xue said,hogan uomo, the fundamental problem is that How to identify injuries and how to define the scope of work-related injuries identified, recognized standards. If you can prove the existence of a causal relationship, that is, during working hours and workplace, due to work sudden illness resulting in death, or died, or full, partial loss of the ability to work the case,she was back in Bengbu specia, the presumption of injury, is relatively A better way.
 
Changli Xue noted that in 2010 revised "Work Injury Insurance Regulations" on "deemed" part of the work-related injury insurance authorization, compared with the 2004 version in force, does not solve the controversial "48 hours" and other controversial issues. In fact, the 2010 revised "Work Injury Insurance Regulations" Notwithstanding the progress, but there are many unreasonable, need further improvement.
 
Kungang Li recommends drawing with US: the US for work-related injuries is defined as "injuries in the process of work or resulting from work", ie work during injury or damage due to work reasons.
 
Injury insurance by the social security department, also identified by the social security department, Changli Xue said, "This is being questioned over the years" shall also "very reasonable." Under the existing regulations, workers' compensation insurance funds, including fund raising and treatment paid by the social insurance department, responsible for work-related injuries identified by co-ordinating the social security administration departments, in fact, is a typical procedure lack of third-party oversight. In practice, many times through arbitration and litigation, but even through arbitration and litigation, due to time-consuming, increasing the burden on injured workers or their families for injuries that social insurance administration is difficult to constitute effective control .
 
Kungang Li also agreed with this view. He said that the current procedures related injuries is too long, while increasing the cost, it also caused some of the workers in order to solve the problem as soon as possible "troublemakers" situation.
 
Changli Xue said that China's occupational system currently has ten categories, "heat" in the "occupational directory" has been clearly defined as occupational diseases, injuries can be used as a project. But it must be recognized after occupational disease, identified as occupational heat stroke, in order to enjoy the corresponding injury insurance benefits. However, the identification of occupational and non-occupational injuries and procedures prescribed "Injury Insurance Regulations" are also different, with the proviso that have been diagnosed by a qualified occupational disease prevention department for occupational diseases, access to the diagnosis of occupational disease diagnosis certificate or testimonial, this process is very complicated . After a few years ago in Henan Zhang Haitao "experience chest lung" after the incident, the community on the diagnosis of occupational diseases voices of doubt is relatively large, the main problem is the lack of supervision of a third party.
 
For this incident, the deceased Chen Guo difficult problem related injuries, Changli Xue think, first look at whether to participate in the electronic striker injury insurance,For hacked his wife regarding Hwang,louboutin homme, work injury insurance if there is no associated costs paid by the unit; if you participate in work-related injury insurance,hogan donna 2013, much in part by the work injury insurance fund to pay for. But the unit is not entirely without responsibility, and some units still need to undertake the project, which is the number of units do not want to identify the cause.
 
Was eventually identified as work-related injuries
 
After many setbacks, Fruit Chan's family in the afternoon of June 25 has been covered with the Social Security Administration, Dongguan City, the official seal related injuries "that injured a written decision." IESS ultimately finds: "Fruit Chan on May 28, 2013 by the accidental injury (or suffering from occupational diseases),hogan outlet, in line with" the provisions of the first paragraph of Article 10 of the Guangdong Provincial Work Injury Insurance Regulations, "are related injuries range hereby finds (or deemed) for work-related injuries. "
 
Chen Guo 700,000 yuan compensation for families of the strikers about electronics,scarpe hogan, but the two sides failed to reach an agreement. "Striker electronics factory told us that they could only pay 500,000 yuan less, they say it is in accordance with the standards of the medical expenses as well as our personal spending in more than a dozen of our own commitment to be here."
 
Zhang Zhiru told the author, the death of the paid work consists of three parts, namely,the money hit the "son" designated account., funeral grants, one-time grants and support workers killed relatives pension. He said that the first two are statutory compensation, but some may require pension resolved through negotiations.
 
said: "The general work-related injuries, there is no fault of injured workers in this case, the employer's violations led directly to the death of Chen Guo, therefore, the employer not only to bear the compensation injury death, but also necessary. bear certain civil liability, so in terms of compensation should be higher than the statutory standard,nike requin tn, I think this is legitimate. "
 
July 3, the two sides reached an agreement to pay in addition to the factory in Dongguan, Chen Guo families spending thousands of dollars, the other paid more than 50 million.
 
(Original title: "48 hours" controversy related injuries more)