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新《工伤保险条例》第十九条第二款规定:“职工或者其直系亲属认为是工伤,用人单位不认为是工伤的,由用人单位承担举证责任。”该条款趋利避害,既维护了职工的合法权益不受侵害,又解决了长期以来困扰劳动保障部门在工伤认定中取证难,行政复议、行政诉讼中因证据不足,被判撤销案件多等问题。《工伤保险条例》颁布前,劳动保障职能部门在受理工伤认定中,特别是受理民营(个体)未参保企业职工的申请工伤认定工作中,出现不少用人单位与职工之间的争议,当职工认为是工伤时,单位可能不认为是工伤,尤其是《条例》未出台前,未参保职工一旦被认定为工伤,那么,用人单位将要承担比参保职工几倍甚至十几倍的伤残抚恤费,致使一些企业业主千方百计阻碍职能部门调查取证,例如回避调查,不让目击者作笔录,谁提供证据就炒谁鱿鱼,更为严重的是让职工做假证、伪证,而劳动保障部门又没有别的手
The new “Regulations on Work-related Injury Insurance,” Article 19, paragraph 2: “Employees or their immediate family members believe that work-related injuries, employers do not consider work-related injuries, the employer shall bear the burden of proof.” “The provisions of the advantages and disadvantages, It not only safeguarded the legitimate rights and interests of employees from being infringed, but also solved the problems that the labor and social security departments have long plagued the departments of labor and social security in obtaining evidence for work-related injury confirmation, administrative reconsideration, and insufficient evidence in administrative litigation and were found to have many cases of revocation. Before the promulgation of the ”Industrial Injury Insurance Regulations“, labor and social security departments appeared a lot of disputes between employers and employees in accepting the identification of work-related injuries, especially in accepting work injury identification work for non-participating privately-owned enterprises (individuals) When an employee thinks it is a work-related injury, the unit may not consider it as a work-related injury. In particular, if an uninsured worker is identified as a work-related injury before the promulgation of the ”Regulations," an employing unit will have to undertake several times or even ten times more than the insured worker Disability pension costs, resulting in some business owners do everything possible to hinder the functional departments to investigate and collect evidence, such as avoiding the investigation, not to witness for transcripts, who provide evidence to speculate on who, more serious is to make false evidence, perjury, and labor The security department has no other hands