关于我国农民工职业病维权困境的法律探讨

Investigation on the Legal Aspect of the Diffi culties in Protecting Own Rights for the Floating Workers Suffered by Occupational Diseases

河南某农民工开胸验肺事件、深圳百余名农民工要求职业病诊断遭拒事件都明显暴露了我国农民工职业病维权面临着鉴定诊断难、法律程序难走等困境。究其原因,是当前相关的法律尚不健全、法律规范还不一致以及社会保障体系的不完善所致。若要走出农民工职业病维权的困境,就必须健全相关法律,加强政府监督力度,增强农民工自我保护意识,这样才能切实保障农民工职业病患者的合法权益。

The tragedies such as a Henan floating worker received pulmonary biopsy for seeking the diagnosis of pneumoconiosis, rejection for delivery physical examine to diagnosing occupation disease to a group of hundred and more in Shenzhen, and many other reported examples on news media disclosed the difficulties in identifying occupational disease and trouble in passing the legal process to get legal rights facing to floating workers in China. The undermining reasons were ：incompleteness of relevant law, in-accordance of the legal guidance, and insufficiency of social security system at present. For resolution, get rid of the present trouble, to protect the rights of the victims suffered from occupation disease among floating workers, following actions must be urgently taken ：improving relevant laws, reinforce the government inspection, and strengthen the idea of self-protection of the floating workers.