谈我国工伤保险制度的几点问题及相应对策

Some Problems of Our Injury Insurance System and Countermeasures

我国现阶段工伤认定法律条款已渐趋完善,但仍存在视同工伤情形中"48小时"的认定、单位超出工伤认定申请时限的惩罚条款缺乏实践意义、工伤纠纷解决程序复杂等问题,且在实践运用中,有"伤情相对稳定"的标准机械、工伤认定决定结果生效时间影响劳动能力鉴定的进行。在此种现状下,应取消视同工伤中"48小时"的时间界限,惩罚条款要名副其实,简化纠纷程序。在具体操作中,应当根据实际残情恢复程度来判定伤情是否相对稳定,且工伤认定决定的生效与否不应影响劳动能力鉴定的进行。

At present,our certificated injury law terms are getting to be perfect,but there still exist such problems as the'48 hour' certifi-cation in suspected injury cases,as that the punishment terms for the units' over time limit apply for injury certification are lack of prac-tical significance,and that the settlement procedure is complicated. And in the practical application of law terms and regulations,there are such problems as:the standard of relatively stable injury condition,the effective time for the injury certification,and the identifica-tion of working capacity influence. Therefore,the time limit of "48"hours should be abolished,the punishment terms should be verita-ble,and the procedures of solving dissensions should be simplified. In the specific operations,whether the injury is relatively stable should be decided according to the degree of injury recovery,and whether the injury certification decision is effective should not influ-ence the identification of working capacity.