劳动者与用人单位在职业病诊断过程中各自存在着相关的利益与责任。只要劳动者主观认为其身体健康在劳动过程中受到了侵害,即可向有资质的职业病诊断机构提出职业病诊断申请,这是劳动者的权利,而要使这个权利变为法律规定的权益,就一定要经过法定程序的裁定。向诊断机构提交必要的资料(证据),这是职业病诊断的起点,因此劳动者有提出要求职业病诊断的权利和对自己的主张提供证据的责任。 Workers and employers have their own interests and responsibilities in the diagnosis of occupational diseases. As long as laborers subjectively believe that their physical health has been infringed during the labor process, they can apply for occupational disease diagnosis to a qualified occupational disease diagnostic institution. This is the laborer’s right, and if this right is to become a legal right, It must be determined by legal process. Submitting the necessary information (evidence) to the diagnostic institution is the starting point for the diagnosis of occupational diseases. Therefore, laborers have the right to request diagnosis of occupational diseases and to provide evidence for their own claims.