Working at high temperatures, isn't heat stroke a work injury?

Chuanguan News reporter Lan Nan

According to the official website of the Central Meteorological Channel, as of 12 o'clock today, Sichuan has more than 40 counties (cities, districts) issued a high -temperature red warning signal.

Recently, a new round of high -temperature heat waves have come, and some places have news of workers' heat stroke and even have heat irritation. So, can heat stroke be regarded as working injury during work? How to determine, what are the problems facing rights? Sichuan Guan Journalists interviewed relevant professional lawyers to answer these issues.

Can I apply for work injury during work during work?

Wang Enhui, Secretary -General of the Sichuan Lawyers Association Labor and Social Security Law Professional Committee and a lawyer of Sichuan Weixu Law Firm, introduced that occupational diseases refer to employees of enterprises, institutions, and individual economic organizations. Radioxid matter and other toxic and harmful diseases. "Thermal radiation is severe heat stroke, which is the scope of occupational disease caused by physical factors.

It is reported that my country ’s occupational diseases are classified as a legal classification. There are 10 categories and 132 types of statutory occupational diseases, including: occupational pneumoconiosis and other respiratory diseases (such as silicon lungs, asthma), occupational skin diseases Disease), occupational eye disease (such as electro -optical ophthalmitis), occupational otolaryngomal oral disease (such as noise deafness), professional chemical poisoning (such as chlorine poisoning), professional diseases (such as heat stroke), and professional radioactive diseases caused by physical factors (Such as radioactive skin diseases), occupational infectious diseases (such as anthracnose), occupational tumors (such as leukemia caused by benzene), and other occupational diseases (such as metal smoke fever).

According to Article 14, paragraph 4, paragraph 4 of the "Regulations on Work Injury Insurance", if a professional disease is affected, it shall be identified as a working injury. In addition, Article 19 of the "Administrative Measures for the Prevention and Cooling Measures" also clearly stipulates that the workers have caused heat stroke due to high temperature operations or high -temperature weather operations. If they are diagnosed as occupational diseases, they enjoy work injury insurance benefits.

What are the difficulties of professional heat stroke workers?

According to the law, professional heat strokes in workers can be diagnosed and declared in occupational diseases and applied for work injury to enjoy work injury insurance benefits. However, in practice, it is rare that the workers have a professional heat stroke. why is that?

Xu Lanfang, an outstanding lawyer in maintaining employees' rights and interests and lawyers of Sichuan Lifa Law Firm, told reporters that a very important point is that the labor relationship is the prerequisite for the diagnosis of occupational disease and the identification of work injury. "Professional heat strokes are often construction workers, sanitation workers, courier brothers, takeaway riders, etc. There are a large number of flexible workers. The labor relationship with the employer has always been entangled. As an intermediary, the situation is more complicated, and the determination of labor relations has become a difficult hurdle. "

"On the other hand, not all heat stroke belongs to professional heat stroke." Xu Lanfang said that in accordance with the "Measures for the Diagnosis and Appraisal and Appraisal Administration", the diagnosis of occupational diseases is to provide patients with professional disease hazards and occupational disease hazards such as occupational diseases and workplace. And evidence. If the employer does not cooperate, the time span of the diagnosis will be long and it will be difficult to defend rights.

How to solve the problem of professional heat stroke power?

How to better protect the legitimate rights and interests of workers, Wang Enhui believes that it is necessary to "make up lessons" in terms of policies and regulations.

"At present, the mastery of workers' knowledge such as occupational disease types is not high. Professional heat stroke belongs to occupational diseases, and its awareness is even lower. After most workers have professional heat stroke, they do not know that they can apply for occupational disease diagnosis. And enjoy work injury insurance benefits. "Wang Enhui said that he hopes that relevant departments will increase policy promotion and legal popularization," especially for the protection of the rights and interests of the new business workers and carry out special law publicity activities. "

Xu Lanfang suggested that on the one hand, starting with the system, simplifying the relevant procedures for working injuries and occupational disease identification, opening a "green channel", reducing the responsibility of workers' proof, and using laws to protect their rights for workers. On the other hand, we will increase the labor security supervision and law enforcement efforts, establish a reporting system for the employment of enterprises such as takeaway, and urge employers to implement the responsibility for the protection of workers' rights and interests. "With the employment report system, when disputes occur, the relevant information has become an important basis for the identification of labor relations. It can open the door to the convenience of the laborer's rights."

Xu Lanfang also specially reminded that employers must provide workers with safe and compliance with national standards for working environment. In the high temperature environment, measures should be appropriately adopted, rotating operations, reducing labor intensity and other measures, and relevant training and physical examinations. Formulate an emergency plan. Labor should also take protective measures to do a good job of heatstroke and cooling.

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