Civil report refers to the difficult rights of Chinese occupational disease patients

Over 80% of the occupational disease patients were refused to carry out occupational disease diagnosis because of lack of labor contract, professional history certificate, after lengthy appraisal procedure, 37.8% of the occupational disease patients did not receive any form of compensation "Caixin net" (reporter Lanfang) how difficult is the occupational disease protection? February 23, 2011, in Gansu Province Gulang pneumoconiosis peasant workers collective rights, Apple supply chain staff poisoning incidents continue to ferment, committed to the labor protection and Development of the Beijing Union labor Law Assistance and Research Center issued a "Occupational Disease Research Report" (hereinafter referred to as the "report"),　　The research data reflect the present situation of the difficult and meager treatment of occupational diseases. High labor intensity and less protection measures the report conducted a sample survey of 1026 workers who had been diagnosed as occupational diseases through legal procedures and completed 172 questionnaires. The report found that the largest group of these occupational diseases were pneumoconiosis patients, accounting for 70.2%, the average age of illness was 37.5 years, and their education was mainly in junior high school and below, 84.3% for migrant workers.　　After suffering from occupational diseases, 86.6% of the workers said that the family did not have income or income reduction, life is very difficult, only 29.7% people can continue to work. The report shows that the illness of the occupational-disease workers involved in the investigation has the characteristics of short eruption time and high rate of outbreak. The report notes that high morbidity and occupational disease patients do not separate the intensity of work. The average patient worked 9.774 hours a day, and 26.1% of the patients worked more than 12 hours a day.　　Patients who worked more than 26 days a month reached 81.8%. In this high-intensity work, enterprises for the workers to take protective measures are very simple. 71.8% of the sick workers have no protective facilities, only 52.9% have been inspected by government departments, and only 40.9% of them have taken some precautions against government departments.　　80% of occupational-disease workers have not received the occupational health training provided by the unit, and their knowledge of occupational diseases and related laws is extremely scarce.　　Beijing Yi Lian Labor Law Aid and Research Center director Huang said that although China has a relatively perfect legal system of occupational disease prevention, but the enterprise has not fulfilled its statutory obligations, the Government's regulatory responsibilities are not in place, which makes workers generally in a "powerless" state. It is more difficult for the workers who are suffering from occupational diseases to be confronted with the rights-protecting procedure. The report shows that 49.4% of workers do not have a labor contract, and 53.2% workers do not have an injury insurance or are not aware of the situation.　　This means that when these workers make claims for occupational diseases, they face more cumbersome procedures and greater evidentiary difficulties. According to the report, 48% of the patients who submitted a diagnostic application had been rejected by an occupational disease diagnostic agency because of incomplete materials. This, because the lack of labor contracts, professional history has been rejected by a total of 83%. The lack of materials such as occupational health care files is the mainThe reason is that the unit refuses to recognize the labour relations, refuses to provide these archival materials, and the unit does not or loses these files and information. As a result of the lack of labor contracts, 26.2% of the occupational-disease workers surveyed have sued for proof of labor relations.　　In order to prepare all these materials, 25.1% of the workers spent more than three months, one-third of the people spend more than 1000 yuan. When the material is ready, after an average of 34 days waiting for the workers to obtain the conclusions of occupational disease diagnosis, then can enter the work injury treatment procedures. The report shows that 57.8% of patients after more than 30 days of waiting to receive the work injury certificate, the most senior people spent a full 1461 days.　　Since then, 51.8% of patients will have to wait more than 30 days to obtain the conclusion of labor capacity appraisal, the investigation of the longest workers spent 122 days.　　Therefore, the report recommended that the diagnosis of occupational disease patients and work injury identified two procedures should be simplified, merged, by the Labor Department and the occupational disease diagnosis agencies to make a one-time determination of the patient's application. Insufficient compensation however, after lengthy accreditation procedures, the situation of workers ' compensation is not very optimistic. The report shows that 37.8% of the patients with occupational diseases do not receive any form of compensation. The average person who receives a one-off compensation is only 90742 yuan.　　78% of people think the money will not guarantee their subsequent medical and life.　　As for the "discount" of the final occupational disease compensation, Huang suggested that the enterprise should pay more price for its own illegal activities, and should refer to the labor contract law in the compensation of occupational diseases, and set up a punitive compensation mechanism to improve the enthusiasm of the workers ' rights and curb the illegal activities. In Huang's view, occupational disease is the usury of Chinese society, China's economic development over the years, the weak labor protection has accumulated the hidden dangers of occupational diseases into the high issue and contradictions highlighted. He stressed that the Chinese government needs to pay attention to the prevention of occupational diseases as much as safety, and recommends a veto system for occupational disease prevention. At the same time, for those who cannot find the main body of compensation, Huang hope that the government and society to play a greater role in the rescue, he suggested that the Chinese government for AIDS management system, the government for professional patients to provide a certain medical protection.