200 million people in our country are hurt critically ill by the job The investigation claims nearly forty percent of the patients have not obtained compensation

200 million people in our country are hurt critically ill by the job The investigation claims nearly forty percent of the patients have not obtained compensation
200 million people in our country are hurt critically ill by the job The investigation claims nearly forty percent of the patients have not obtained compensation
The sunshine that Liu is gentle was from December of 2010 to February of 2011, the justice of Beijing unites the labour law to help with the research center (call " justice unites the centre " in the following text )Carry out research on occupational disease nationwide. This investigation pays close attention in areas such as pearl trigonometry, long trigonometry, central and west regions and Beijing perimeter,etc.. Investigate the frame of sampling includes: The typical case that the media reports, 79 workers in Leiyang of Hunan, Zhangjiajie as suffering from dust pulmonary tuberculosis in Shenzhen; Justice unites 646 people of occupational disease case who the centre is exposed to directly; In 301 occupational diseases case of medium and small-scale enterprise business workers such as Guangdong, Zhejiang, Chongqing and other places'. This investigation carries on the sample investigation in 1026 occupational disease workers of frame of sampling, the investigation goes on through the way of speaking face to face or telephone interview, finish 172 valid interview questionnaires. "The investigation result is very pessimistic. " Justice is united Huang LePing, director of centre, and said. According to data that Ministry of Public Health offer, our country have 16 millionth enterprise now store poisonous harmful homework place in, about 200 million labourers are hurt critically ill by the job at various degrees in the course of engaged in workinging. The case about occupational disease, see all medias frequently. Staff of Apple supplier the intersection of job and poison, the intersection of Gansu and ancient the intersection of wave and the intersection of dust and the intersection of person who safeguard the rights and incident collectively, rural worker of pulmonary tuberculosis, that take place recently, affecting the social nerve again. This topic has been a hot issue in the whole country and local two Conferences in recent years all the time too. During national two Conferences in 2010, representative Qin XiYan will put forward the proposal of revising law on prevention and cure of occupational disease; During Sichuan Province two Conferences in 2011, the content that a piece of timely snow representatives' proposal pays close attention to, also labourer's occupational disease prevent and cure. Since 2010, the law on prevention and cure of occupational disease will be revised and has been classified as a kind of legislative plan for two years in succession. In August of 2010, it is proposed that the State Council is geared to the needs of the society the legislation of soliciting the revision draft publicly. 37.8% the intersection of occupational disease and patient compensate for, grow thickly in vain while being 30 -year-old, the intersection of Chongqing and people, Guangdong one the intersection of ornament and factory rub and get into workers. Entered the factory in September of 2001, felt in April of 2008 chest aching, cough, whole body were unable, were diagnosed as one issue of pneumoconiosis. Grow thickly in vain to tell investigators, more than 170 people have got the disease like his in the factory, they have money cure the disease, and unable to work, manufacturer go bankrupt last year, they wonder should look for who argue, look for someone's claim. The reporter saw one group of following data while uniting the occupational disease research report that the centre offers in justice - -The mean age of the disease is 37.5 years old that the occupational disease patient appears; The biggest colony is the dust consumptive in the occupational disease patient, accounts for 70.2%; The unit that 45.6% of the occupational disease workers belong to has not gone to work and injured the insurance for him; The unit that 55.9% of the occupational disease workers belong to has not had endowment insurance for him; 86% of the occupational disease patients say, their unit does not have trade union, have not joined the trade union of any kind either by oneself. "At the beginning investigating, when asking the monthly medical expenditure after ill this one, is a lot of answer of person investigated ' do not cost how much ',it is know to question further, they do not have money that can be spent at all. " Investigator Li XiaoLiang says. The survey report reveals, 37.8% of the occupational disease patients have not won compensation of any kind. "The occupational disease patient has been compensated for and wants a lot of difficulties, which closes and is won't do by the card. " Justice is united Ye MingXin, researcher of centre, and said. Apply for occupational disease to diagnose, it is the first barrier that the occupational disease patient has taken. It is reported, apply for occupational disease and diagnose that prepares the following material: Job history, history previously; Occupational health guards the file copy; Health examination result of the job; The job makes the factor measure, appraise material of materials,etc. critically ill over the years in the workplace. "A difficult one that obtain the intersection of oneself and occupational disease, contact material of history in unit hand most among them. Once the patient's occupational disease is appraised, may mean the compensation responsibility that the unit wants to bear. So the employing unit often refuses to offer the job to contact the history to prove, even deny the relation of working simply. " Ye MingXin says. The investigation reveals, put forward it in the patient who diagnoses the application, 48% ever because the material has not been diagnosed completely the organization refuses to accept by occupational disease. Among them, because it proves what is refused is up to 83% together to lack the labour contract, job history. The medical certificate of an occupational disease, it is the occupational disease patient all hope of compensation. However, the occupational disease patient needs to spend the big strength, could obtain this paper which is writing bad news. The claim procedure needs to take 1374 days longest Zhou KaiShun, one gem Company in Dongguan of Guangdong cuts to masonries. Entered the factory in 2002, the body felt uncomfortable two years later, in March of 2005, were diagnosed as pulmonary tuberculosis by the local hospital. In October of 2005, Zhou KaiShun was made a definite diagnosis of the prophylactico-therapeutic institution of occupational disease in Sichuan of hometown two issues of pneumosilicosis. The manufacturer disagreed with the diagnosis conclusion of Sichuan in June of 2006, proposed in Dongguan occupational disease was appraised, the conclusion, in order to have no pneumoconiosis. In February of 2010, are identified as two issues of pneumosilicosis again by the appraisal organization of occupational disease in Guangdong Province. Get the medical certificate of this occupational disease, Zhou KaiShun has taken the time in the past 5 years, and this only means he just gets the qualification card of the legal claim. According to the relevant clauses of " law on prevention and cure of occupational disease ", after the occupational disease patient obtains the certificate of diagnosis of occupational disease, can enter the processing procedure of industrial injury. According to the investigation, 57.8% of the patients need could be got to the industrial injury and asserted the book through the waiting of more than 30 days, hereafter, 51.8% of the patients could obtain the expert's conclusion of labour capacity the waiting of more than 30 days again. Bright happy introduction to the leaf, when it is connected systematically and the industrial injury is asserted, and may cause patient's unable situation regarded as industrial injury of occupational disease because of prescroption. Because the industrial injury asserts that must diagnose at occupational disease that goes on in one year when makes, if some patients are ignorant or because the therapeutic reason fails to apply for the industrial injury to assert in time, not probably accepted because overdue. One of the interviewees, Mr. Yang of one chemical plant in Fujian, were diagnosed as the chronic lead poisoning in 2001, because of the question of exceeding the time limit, the industrial injury asserts that applies not to be accepted. The research report has enumerated the operation situation of dealing with practice of the industrial injury at present in the form of form. In general cases, procedure that industrial injury punish at most can reach 9, including the industrial injury asserts the administration deals with, administrative reconsideration, first instance of administrative litigation, administrative litigation second instance, labour capacity is appraised, labour capacity is applied for and appraised again, the labour dispute is arbitrated, civil action first instance, civil action second instance. "If all above-mentioned procedures of finishing walking will pass 1149 days, in addition, occupational disease determines the procedure takes 225 days, occupational disease always appraises the leading industrial injury processing procedure It take 1374 days for the idea to want. " It is told reporters that the leaf is bright and happy. The research report proposes, the occupational disease patient's diagnosis and industrial injury assert two procedures should be simplified, amalgamate, labour department and occupational disease diagnose the organization makes disposable asserting to the patient's application together, thus make the patient treated and compensated as soon as possible. The lump-sum treatment is compensated and abused and passes the long and hard claim procedure, but patient's situation compensation of occupational disease is not optimistic. Investigation reveal, pay for into patient overwhelming majority lump-sum compensation, amount of compensation reached to get 90742 yuan each person. Get 78% in the lump-sum patient of compensation express these compensate for unable to ensure his subsequent medical treatment and life, 47.5% of the people express the compensation can only maintain medical treatment and life within two years at most. Can't " live well " ,It is the current situation that a lot of occupational disease patients have to face. The first stage of patient of a person of pneumoconiosis in Shenzhen has engaged in the lawsuit in three years through law aid, get 70,000 yuan to compensate; Henan the first stage of miner of a person of pneumoconiosis looks for the relevant department to report situations many times, got 75,000 yuan to compensate, 55,000 yuan among them was paid by the contractor; "I do not hope to go to court and solve, finish several ten thousand yuan once, what if living later? The price has been rising The manufacturer only need pay the living cost monthly. " Chongqing the first stage of patient of a person of pneumoconiosis says. "Occupational disease special industrial injury, different from disconnected the intersection of hand and broken foot, a lot of disease will upgrade, can't be covered by the insurance regulations of the industrial injury to deal with briefly. " A cadium poisoning patient of Hunan working as a temporary labourer in Huizhou of Guangdong says. Most of patients of occupational disease are the rural worker flowing transprovincially, Ministry of Labour and Social Security issues the relevant document to participate in the insurance of industrial injury to give the norm to the rural worker as far back as 2004 - -The payment of 1 to 4 grades of wounded or disabled long-term treatment, can try disposable payment and pay two ways for a long time, for the rural worker to choose. When the rural worker is chosen the disposable or long-term means of payment, pay the intersection of industrial injury and the intersection of insurance and social insurance of treatment its, handle organization, should prove the situation to their. "The amount of money of disposable compensation is far lower than paying the total number got monthly promptly for a long time, a lot of patients are on condition that know and can get monthly by oneself, have to choose the disposable treatment. " It is told reporters that the leaf is bright and happy. A dust consumptive of Beijing Mr. Zhao, 45 years old, two issues of pneumoconiosis, disability of moderate breeze, 5000 yuan of salary, was only at one time added up to the compensation of 133596 yuan according to the stipulations of Beijing before being ill. If get monthly, it should be more than 760,000 yuan to accumulate to its total value that is got of 60 years old; And if does not choose to get the disposable treatment, the insurance relation of his industrial injury will not be cancelled, can also wipe out his subsequent hospitalization cost. It's a pity he while getting the damages, relevant respect tell their may choose to get monthly, even tell him, if does not get the disposable treatment in time, one fen can not be taken later. The reporter still notices, in five to ten grades patient of occupational disease, 34.4% have been removed the relation of working illegally by the employing unit, in addition, 34.4% of the employing units in them have cancelled. To them, this is undoubtedly that disasters pile up on one another, because according to the legal provision, the wounded or disabled subsidy of every month that they do not enjoy the insured fund of the industrial injury to pay, it is unable to get from the unit to the wounded or disabled subsidy or salary monthly. The occupational disease patients of five to ten grades, relatively one is light to the moderate breeze patient for though the wounded or disabled grade, but how irreversible because of the condition, even will worsen gradually, they still need constant treatment. The research report points out on the legislation, as to five to ten grades of occupational diseases patient how to offer more overall guarantee, it is a subject urgently to be solved, otherwise, even patient of these occupational diseases gets the insurance treatment of the industrial injury, once condition worsen, unable to escape evening scene to be dreary losing resulting by the intersection of house and poor people still. Enforcing the law in the aspect, the government should strengthen and cancel the labour contract to the employing unit illegally, cancel behavioral punishment maliciously. Should define Ann supervises the supervision status of the department when you find you suffer from occupational disease as soon as possible, look for who seek help? The investigation result reveals, the number of seeking help from the labour department is largest, accounts for 50%, 26.2% of Ministry of Health, Ann supervises 12.2% of department. The situation responded to is, 14.5% of the occupational disease patients have obtained help of the labour department, the ones that get help of Ministry of Health have 7.6%, the ones that got Ann and supervised department's help are 2.3%. "This has reflected labourer's simple legal consciousness too to a certain extent, what occupational disease is damaged should be a kind of work right, so they will think of looking for the labour department at first. Can find out from the investigation, the occupational disease patient does not understand the main regulator prevented and cured and is responsible for occupational disease - -The safety in production supervises and manages department and hygiene administrative service division. " Ye MingXin says. 55th regulation of " law on prevention and cure of occupational disease " issued and implemented in 2001, the health authorities of people's government above county level prevent and cure laws and regulations, national job sanitary standard and hygienic requirements according to occupational disease, divide according to the duty, hurt and measure to prevention and control and job of occupational disease, appraise the activity to supervise and inspect critically ill. "Sanitary standard and ordinary sanitary standard of production ~link different, what kind of what kind of shelter facilities enterprise have, the Ministry of Health does not find out about the details frequently; If the production in violation of rules and regulations of enterprises, health authorities will not issue card right, there is no punishment right, order to rectify and improve, the improper thing of going back thoroughly of enterprises. " Ye MingXin says. In view of such reality, Ministry of Public Health (2005) File No. 31 (" Ministry of Public Health, Ann supervise the office and define the opinion of managing the division of duty of occupational health surveillance ") Point out clearly, Ann supervises the department and shoulders " organizes investigating and prosecuting the behavior of endangering accident and relevant violation of laws and rules of the job " Duty. The central authorities arrange and run (2010) Have defined again Ann supervises the department and supervises the duty of the respect at occupational disease with 104 brass-wind instrument " notices on division of duty of supervision department of the occupational health " - -" supervise and inspect and supervise the employing unit to offer a labourer to damage and endanger and contact relevant identification materials such as the relation,etc. with job history, job healthily " . "Can say so, since 2005, the supervision of occupational disease of the production operation place has already turned into the supervision department of the safety in production from health authorities on the file, but the present situation is, the safety in production of the basic unit supervises and manages the department obviously instead of having greater drop in conformity with the negative duty on ability, in recent years, the prevention and control of occupational disease is nearly in a kind of vacuum state. " Huang LePing says. According to the introduction of yellow Leping, this investigation sends Now, first class health authority, supervision department of safety in production, human resources and social security department in the county at present, in marginalisation state in the prevention and control of occupational disease, endanger the serious profits tax rich and influential family as to some jobs in the localities, have no way of exercising the supervision duty at all, more function is to deal with problems arising from an accident. After having only large-scale occupational disease case, will led by local government deal with in order to safeguard the social stability, but that take the lead in is often Letters and Visits Bureau, and health authority, supervision department of safety in production, human resources and social security department just attend and participate in, just embody the due duty while dealing with relevant rehabilitation works. The one that should cause attention even more is, a large number of occupational disease cases, especially the collective case of colliery, the situation that the government checks after it is cancelled that the unit exists, this, while reflecting administrative behavior of closing etc. that local government is making the colliery, lack occupational disease and prevent and cure consciousness seriously, cause bad enterprises to cancel smoothly, strengthen the social cost finally. "The task of top priority is that " law on prevention and cure of occupational disease " should define the supervision main body position of the supervision department of the safety in production as soon as possible, make its power and responsibility unified, can really bear and protect labourer's occupational health, offer the unblocked duty of relieving channel to occupational disease patient. " Huang LePing says. (the occupational disease patient is an assumed name in the article)


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