When the high temperature hits, the protection of labor rights and interests in the sweltering heat has aroused public attention——
Where is the work-related injury identified by "work-related heat stroke"?
Our reporter Chen Ziyun Zhao Chen our intern Zuo Jiaqi
"Worker's Daily" (August 11, 2022 Edition 07)
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Workers who are diagnosed with heat stroke due to work reasons can protect their rights through identification of work-related injuries.
However, many workers do not know much about heat stroke, and they can report work-related injuries without knowing "heat stroke".
In addition, some employers did not cooperate in providing relevant evidence materials in the process of occupational disease diagnosis, which led to difficulties for some workers to identify work-related injuries.
People in the legal profession believe that employers should pay attention to the protection role of work-related injury insurance and the role of "covering the bottom line" for accidents, and pay work-related injury insurance for workers.
When the heat wave hits, labor protection under high temperature work has aroused public attention.
According to the "Classification and Catalogue of Occupational Diseases", after being identified as occupational heatstroke, workers can conduct occupational disease diagnosis and report work-related injuries.
The reporter learned from interviews that although some workers were diagnosed with heat stroke at work, it was "a little difficult" to identify work-related injuries and enjoy work-related injury insurance benefits.
Working in high temperature is prone to fever and stroke
After retiring, Ye joined a property company in June 2013 and was later sent to another unit to engage in outdoor cleaning.
In the summer of 2018, the heat was unbearable, and he continued to work under high temperature. He developed symptoms such as unsteady walking and incontinence. He was rushed to the hospital for treatment by 120 and was diagnosed with labor-type heat stroke.
Ye's experience is not an isolated case.
With the development of hot weather, high temperature heatstroke and heat stroke continue to break into the public eye.
According to media reports, West China Hospital of Sichuan University admitted three consecutive heat stroke referral patients on July 10, and one of them died unfortunately.
Of the three, two were outdoor workers and the other was older and was cooking in a hot and humid kitchen when he became ill.
According to reports, heat stroke is the most serious case of heat-related emergencies, and can be divided into exertional heat stroke and classic heat stroke.
When workers are exposed to high temperature and high humidity, if the body's regulatory function is out of balance, it will lead to a rapid increase in core temperature, accompanied by skin burning, disturbance of consciousness and multiple organ dysfunction.
After Ye was sent to the hospital, he suffered multiple organ damage and severe brain damage.
After hospitalization and post-rehabilitation treatment, he is still unable to move on his own, and needs to be taken care of in his daily life.
"According to the "Classification and Catalogue of Occupational Diseases", heatstroke is an occupational disease caused by physical factors. Workers who are diagnosed with heat stroke due to work reasons can protect their rights through identification of work-related injuries." Chen Jianfeng, a lawyer at Beijing Changhong Law Firm, told the Workers Daily the reporter said.
"After being diagnosed with heat stroke, the worker needs to go to an occupational disease diagnosis institution for an occupational disease diagnosis. After the diagnosis is completed, an application for work-related injury identification is submitted to the social insurance administrative department of the coordinating area, and then a work-ability appraisal is carried out, and the work-related injury claim is settled through labor arbitration or litigation procedures. "Chen Jianfeng introduced, "For some workers, due to unclear labor relations, unsigned labor contracts, and unpaid work-related injury insurance, it is difficult for some workers to protect their rights through work-related injury identification."
People suffering from heat stroke at work should actively protect their rights
The reporter learned in the interview that although some workers were diagnosed with heat stroke at work, it is a bit difficult to identify work-related injuries and enjoy work-related injury insurance benefits.
Many workers do not know much about heat stroke, and they can report work-related injuries even if they do not know “heat stroke”; the existence of a labor relationship with the employer is a prerequisite for identifying a work-related injury, and some workers still have situations where they cannot prove their labor relationship.
In addition, occupational disease diagnosis is required for the identification of work-related injuries, but some employers do not cooperate with providing relevant evidence materials.
"Take Ye's situation as an example, as an overage worker, he is also faced with the situation of how to prove the existence of a labor relationship with the employer. In addition, he has not participated in work-related injury insurance." Beijing Changhong lawyer who participated in the case Wang Ting, a lawyer at the firm, said.
"Under the condition that no labor contract is signed, the laborer can confirm the labor relationship through labor arbitration. After the confirmation is completed, apply for the identification of work-related injury." Chen Jianfeng said that during the diagnosis of occupational diseases, some employers failed to pay the laborers. Work-related injury insurance, fear of being liable for compensation, and failure to cooperate in providing relevant evidence materials.
After communicating with the employer to no avail, Ye's family decided to sue the property company and Ye's employer.
"According to the relevant temperature records, at 13:00 that day, the outdoor temperature in Ye's area reached 37°C. As an overage worker, Ye provided actual labor services for the employer, and worked in the open air for a long time in a high temperature environment. Adjusting the work shift and working hours, and not providing facilities for cooling off, caused Ye to suffer from heat stroke." Wang Ting believes that this dispute can be regarded as a dispute over the liability of labor providers, and compensation should be claimed in accordance with the standards for personal injury compensation.
Prevention of heat stroke must be based on prevention
"We sued on the grounds of a dispute over the victim liability of the provider of labor services. While applying for forensic identification, we actively communicated with the property company and the employer." Wang Ting introduced.
In the end, the plaintiff and the defendant in the case reached an agreement on compensation through the mediation procedure of the court hearing.
Ye withdrew his lawsuit against the employer, and the property company assumed the compensation liability for Ye.
Excluding the paid medical expenses, Ye received a one-time compensation of 1.39 million yuan for various losses.
Wang Ting said that if a worker is diagnosed with heat stroke at work, and it is difficult to protect their rights through work-related injury identification, they can directly file a lawsuit in the court. Appraisal, according to the appraisal results to claim the amount of compensation.
"Although Ye has received compensation, the heat stroke has caused him great damage. This also reminds workers and employers that most occupational disease damages are irreversible and difficult to cure, and the prevention and treatment of occupational diseases should focus on prevention." Chen Jianfeng suggested .
The "Management Measures for Heatstroke Prevention and Cooling Measures" has already defined detailed and clear restrictions on high temperature operations.
For example, when the daily maximum temperature is above 37°C and below 40°C, the employer shall not arrange for workers to work outdoors for more than 6 hours in total throughout the day, and the continuous operation time shall not exceed the national regulations, and shall not be arranged within 3 hours of the highest temperature period. Outdoor work in the open air.
Entering August, the high temperature weather continues, and the occurrence of heat stroke has also aroused social concern.
A few days ago, the Ministry of Human Resources and Social Security, the All-China Federation of Trade Unions, the China Enterprise Confederation/China Entrepreneurs Association, the All-China Federation of Industry and Commerce and other national coordination labor relations jointly issued the "Notice on Doing a Good Job in Protecting the Rights and Interests of Laborers in Hot Weather" , requiring to minimize the harm to the health of workers caused by high-temperature weather operations, and make every effort to ensure the safety and health of workers.
"Employers should pay attention to the protection role of work-related injury insurance and the role of 'covering the bottom line' for accidents, and pay work-related injury insurance for workers." Chen Jianfeng believes that for heat stroke patients to identify work-related injuries, it is necessary to optimize the identification procedures, simplify the identification conditions, and maximize the To protect the rights and interests of workers, "many companies have also paid for workers' safety production liability insurance, accident insurance and other insurances, which also help workers get better protection."