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广义的工伤,一般包括狭义的工伤和职业病。本文所指的的工伤,仅指狭义的的工伤。关于工伤的定义,在相关的法律法规中没有明确的规定,1996年8月12日《企业职工保险试行办法》(以下简称《办法》只是通过列举的方法来确定工伤的范围。随着经济的发展,社会的不安全因素越来越复杂,影响工伤确定因素越来越多,通过列举的方式来确定工伤范围的立法模式有较大的局限性,应当通过标准或规则加以确定。
Generalized injuries, which generally include narrow occupational injuries and occupational diseases. The work-related injury referred to in this paper only refers to the specific work-related injury. Regarding the definition of work-related injury, there is no clear stipulation in the relevant laws and regulations. The “Trial Measures for the Insurance of Workers and Staff of Enterprises” (hereinafter referred to as the “Measures”) on August 12, 1996 only determined the scope of work injury by enumerated methods. Development and social insecurity are becoming more and more complex. Factors that affect the determination of occupational injuries are increasing. The legislative model of determining the scope of work-related injuries through enumeration has greater limitations and should be determined through standards or rules.