突发疾病死亡视同工伤认定的争议与完善

Disputes and Perfection of Identification of Death from Sudden Diseases Being Regarded as Work Injury

我国《工伤保险条例》规定了工伤认定的情形,同时为了体现对劳动者的倾斜保护,规定了突发疾病死亡视同工伤的情形。但是,视同工伤认定在司法实践中引发了诸多争议,司法实践中出现了"同案不同判"的情况。视同工伤的认定应该确立宽严相济的认定原则,严格遵守"与工作相关"原则,并宽泛认定"与工作相关"的情形。在操作层面,应统一突发疾病视同工伤认定标准,运用用人单位是否因劳动者行为获利这一标准认定工作时间与岗位。取消48小时时间规定,减少伦理风险,并确立突发疾病的原因与工作的因果关系。

China’s Work Injury Insurance Regulations stipulate the situation of work-related injuries, and in order to reflect the tilt protection of workers, it stipulates that deaths from sudden diseases are regarded as work injury,but the identification of being regarded as work injury has caused many controversies in judicial practices and there have been cases of "different judgments in similar cases". The identification of the death from sudden diseases being regarded as work injury should stick to the principle of leniency and strictness, strictly abide by the principle of "being work-related" and broadly identify the "work-related" situations. At the operational level, the standard of work injury identification should be unified, and judging standard of the work time and positions should be based on whether employers benefit from labors’ working behaviors. Finally, it is necessary to cancel the 48-hour time rule to reduce ethical risks and establish the causal relationship between the cause of sudden diseases and work.