How Did The Workers Suffer From Heatstroke In High Temperature Weather?
Since 2012, the nineteenth regulation on measures for preventing heatstroke has stipulated: "workers suffer from heatstroke due to high temperature operations or hot weather operations, and are entitled to work-related injury insurance after being diagnosed as occupational diseases."
In the occupational disease list, the first occupational disease caused by fourth physical factors is heat stroke.
At the same time,
Industrial injury insurance Ordinance
"The fourteenth clause and the fourth paragraph stipulate that occupational diseases should be identified as work-related injuries.
However, although heatstroke is an easily encountered disease in summer, it must be "occupational" if it can be identified as work-related injury.
High temperature operation
Or high temperature weather.
In the diagnostic criteria for occupational heatstroke, occupational heat stroke must be diagnosed according to the occupational history of high temperature workers (mainly refers to the meteorological conditions at work) and the main clinical manifestations such as body temperature rise, muscle spasm or syncope, and other similar diseases can be excluded before occupational heat stroke can be diagnosed.
It's Midsummer, hot weather.
Heat stroke among workers
Events happen from time to time.
In August 6th, Guo Mou, a worker who worked in Guangzhou, reported that he suffered heatstroke in the unit last month. Although he had been treated many times, he still had sequelae, and now he often felt dizzy.
Therefore, the unit is required to pay compensation according to the industrial injury insurance benefits, but it is rejected by the unit, and it is indicated that heat stroke is not a work-related injury.
Since then, the head of the unit also said that Kuo's heat stroke was not necessarily in the unit.
Can heat work be considered as a work-related injury at high temperature? Guo Mou is not sure. Wang Dan, a lawyer from Kyoto law firm in Beijing, explained the relevant laws and regulations to him, and can be used as a reference.
Lawyers reminded workers that summer outdoor work and workers exposed to high temperature heat sources, once heatstroke, on the one hand, must be timely medical treatment, do not stay until after work to see a doctor or take some medicine to relieve heat.
Because going to a doctor on the job is good for proof of work injury.
If there is heat stroke on the way to work, it is difficult to identify work-related injuries.
On the other hand, occupational heatstroke must be diagnosed by medical and health institutions that diagnose occupational diseases. Therefore, workers should go to qualified medical and health institutions for diagnosis after removing the critical condition.
After being diagnosed as occupational heatstroke, he should apply for a work injury identification within the specified time to the Department of human and social affairs.
Application for injury identification can be made by employers or workers.
Where the employer applies for the identification of industrial injury, it shall, within 30 days from the date when the worker is diagnosed and identified as an occupational disease, apply for an application for injury identification to the administrative department of the social insurance department as a whole. The worker himself shall put it forward within 1 years from the date of the occurrence of the accident injury.
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