Strive to keep workers away from the pain of pneumoconiosis

Recently, it is reported that 192 elderly patients with pneumoconiosis in Xining, Qinghai Province, with an average age of over 60, have tried hard for many years to apply for work-related injury identification in order to apply for state compensation, but have been repeatedly rejected. The report aroused widespread concern in the society, and many netizens expressed their indignation on the 1nternet

in fact, this is not an example. 1n 2009, Zhang Haichao’s “open chest lung test” event caused a sensation throughout the country. Zhang Haichao has shown the difficulty of pneumoconiosis patients to safeguard their rights and interests by extreme means

the harm of pneumoconiosis is huge, the light will affect the life of patients, the heavy will make patients pay their lives. According to the national report of occupational diseases in 2012 published by the Ministry of health, 27420 cases of occupational diseases were reported in China in 2012, including 24206 cases of pneumoconiosis, accounting for 88.28% of the total reported cases. Pneumoconiosis has become an occupational disease with the largest number of patients in China. However, the difficulty of safeguarding the rights of pneumoconiosis patients has become a recognized problem

Where is the difficulty of pneumoconiosis? Many people think that the main reasons for the difficulty of safeguarding the rights of pneumoconiosis and other occupational disease patients are the nonstandard labor relations in the process of employment, loopholes in the law on prevention and control of occupational diseases and lax law enforcement

according to the survey of the former Ministry of labor and social security, there are more than 500000 occupational patients in China, of which migrant workers account for more than half. Migrant workers have become the main victims of occupational hazards. The main characteristics of migrant workers’ employment are low labor contract signing rate, unstable employment, and long latent period of pneumoconiosis. Once migrant workers are found suffering from pneumoconiosis, they have basically gone through a long latent period. At this time, migrant workers may have left the original enterprise for a long time, and it is difficult to prove their labor relationship with the enterprise because they have not signed the labor contract

as a result, pneumoconiosis patients tend to have the following situations in the process of safeguarding their rights: they often refuse to give occupational disease identification and compensation in the name of not signing a labor contract with the workers when they find their enterprises; When applying to the labor department for arbitration, many places put it on the back that it belongs to labor cooperation and does not belong to the scope of labor disputes; For identification or to find the court, but was told that the occupational disease needs to be issued by the unit to identify, and many enterprises do not cooperate. All kinds of obstacles make pneumoconiosis patients desperate and unable to complete the disease identification

according to the labor contract law and regulations on industrial injury insurance, employers must sign labor contracts with workers, and the labor supervision department of the government has the responsibility to urge enterprises to sign labor contracts with workers; Trade union organizations at all levels, family members of sick workers and labor departments should actively help workers apply for work injury appraisal. The author believes that the key lies in helping employees identify the actual labor relations. 1n the case that the burden of proof can not be reversed, as long as the witness and evidence prove to work in the enterprise, it is a factual labor relationship< 1n addition, there are many laws and regulations on occupational diseases in China, such as the law of the people's Republic of China on the prevention and control of occupational diseases, the regulations of the people's Republic of China on industrial injury insurance, the law of the people's Republic of China on work safety, the administrative measures for the diagnosis and identification of occupational diseases, and the identification measures for industrial injury insurance, There are clear regulations on the prevention of occupational diseases, but the reality is, how many enterprises monitor and control pollution in accordance with the law to provide safety protection for workers? And although our relevant departments have strengthened law enforcement and inspection, why are they still repeatedly prohibited? The reason is that the law is difficult to implement and the cost of breaking the law is low whether the law can be implemented or not depends on its implementation. The relevant government departments and trade union organizations should attach great importance to it, implement the relevant laws and regulations, supervise the employers to do a good job in the prevention and control of occupational diseases, and increase the illegal cost; At the same time, actively help workers apply for occupational disease identification, help them to do a good job in the identification of labor relations, so that the difficulty of pneumoconiosis no longer bothers workers our website solemnly declares that this article is reprinted by network media, only representing the author’s point of view, and has nothing to do with our website. 1f the information column articles and comments violate your legal rights, please call to let us know and we will deal with them in time

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