Health newspaper: " must not include the industrial injury to die too late " A kind of system is cold-blooded

Health newspaper: " must not include the industrial injury to die too late " A kind of system is cold-blooded
Zhong Xi ( Doctor) Last August, a senior engineer in Shenzhen, had illness coming on on the work position, died without treatment after the hospital rescued for 77 hours. Exceeds 48 hours finally, has not characterized as the industrial injury. Ensuring the right for the industrial injury that safeguards the husband to enjoy, its wife brings administrative litigation to the local court, demand to alter this subscribed conclusion. Still with from party to over 48 hours such as death local people's court, no it is since let's accord with the regulations of " insurance regulations of the industrial injury " from,the first instance judgement relative lose a lawsuit. Recently, this incident caused the dispute. (" procuratorial work daily " of June 22) As to a family, work overtime overtime, it is actually a kind of misfortune to fall ill on the work position at because the end. But more unfortunately, even if this gentleman is in the working range, working time obviously, have illness coming on in the working occasion, send to hospital and die without treatment, and left a large number of records of working overtime of overtime. But only because death time exceeds 48 hours, that is to say that live for 29 more hours, do not include the industrial injury, can not get due compensation finally. Because that regulation was very clearly written, " died after all rescue measures proved ineffectual within 48 hours " at the moment Could " treat as the industrial injury " . Why is " 48 hours " ? An expert explains, this is a conclusion visited the hospital or analyzed the statistic must come out. He thinks: "For example some people, through rescuing alive, die of illness because of other reasons afterwards, define other appended documents without this time, this kind of situation should be regarded as the industrial injury too, the result will expand insurance coverage of industrial injury unrestrictedly, the insured fund of the industrial injury is probably tied up. " It has meaning of two layers that this words sound. One person, it is that the average number value of time dies in a industrial injury in 48 hours. The two, the reason why issue defining and appended document of such time, it is mainly for preventing the insured fund of the industrial injury from being tied up. But as a doctor, I have to say, what a cold-blooded system this is. By the look of clinical angle of medical treatment, a patient, it was still the same disease that got, factor of causing death is the same too. Then, the patient is the death of 48 hours, or the death of 77 hours, what qualities difference is there? Lived an hour more, do not enterprises need to bear responsibility for this? So, judge whether it is the industrial injury or not according to the time of death, it itself is a kind of infringement science and method of the objective reality. Secondly, this regulation is want relatives to " continue rescuing but unable to assert the industrial injury " With " give up rescuing and obtaining industrial injury to compensate " Between awkward choice when making,really getting more unnatural too, can't may induce by another kind of risks social. For that those can not afford to pay poor family of the expensive hospitalization cost, in order to obtain treatment and compensation of industrial injury, there one their only choice, that is to arrive for 48 hours, can only give up rescuing. Otherwise, once delay time, not only the heavy unable commitments at all of hospitalization cost family, can't submit an expense account either, has lost a large sum of industrial injury to compensate yet. This kind of system, for person rescued, it is a terrible choice too to be obviously unfair. Between enterprise and labourer, enterprises are a surging side, the labourer is a weak party. Issue the original intention of " insurance regulations of the industrial injury ", it is mainly the just rights and interests of protecting the labourer. But here, in order to prevent the insured fund of the industrial injury the risk tied up, issue clause of such a single solution for diverse problems, probably know and accidentally injure to labourer's just rights and interests finally, it is to run counter to desire. One the intersection of industrial injury and death, should it takes this kind to be the intersection of science and " the 48 hour death " of human nature either Method about define. The life first, to such rescue, limits without such 48 hours, may be more human, but not force people in death. Should prevent the risk that the insured fund of the industrial injury is taken up, we can well appraise with medical treatment and the more tight legal procedure, and punish the mechanism to reach this purpose, but not set up the prevention of the risk above the foundation of the person who accidentallies injure the innocent.

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