论文部分内容阅读
《工伤保险条例》(以下简称《条例》)第十四至十六条是工伤认定的实体性规范,第十七至二十条以及第五十三条第一项则是工伤认定的程序性规范。工伤认定的程序包括工伤认定的管辖、申请、受理、审核、回避、决定、送达和争议的处理。在讨论程序问题之前应当说明的是,《条例》规范的工伤认定的对象,是那些与参加工伤保险的用人单位存在劳动关系并且因工作遭受事故伤害或者患职业病的职工。
Article 14 to 16 of the Work Injury Insurance Ordinance (hereinafter referred to as the “Regulations”) is a substantive code for the identification of work-related injuries. Articles 17 to 20 and Article 53 (1) refer to the procedural specification. Procedures for the identification of work-related injuries include the determination of work-related injuries jurisdiction, application, acceptance, review, avoidance, decision, delivery and dispute handling. Before discussing procedural issues, it should be clarified that the object of the work-related injuries as prescribed in the Regulations is those workers who have a labor relationship with the employer participating in the work-related injury insurance and are injured as a result of work accidents or occupational diseases.