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我国实行工伤保险制度,因工作原因遭受的事故伤害与患职业病的劳动者,按《工伤保险条例》享受相应的工伤待遇。这一设计显然忽略了职业病与一般工伤的显著差别,并直接导致实践中处理涉及职业病人权益问题时,法律规定倍显捉襟见肘、顾此失彼进而有失公允。基本案情20世纪90年代,阳某、陈某、张某、伍某、代某5人先后入职广东惠州L宝石厂(以下简称“L宝石厂”),该厂属“三来一补”的贸易加工厂(“三来一补”即来料加工、
China's work-related injury insurance system, work-related injuries and occupational diseases caused by accidental injury workers, according to “Industrial Injury Insurance Ordinance” to enjoy the corresponding injury treatment. Obviously, this design ignores the significant difference between occupational diseases and general work-related injuries and directly leads to the fact that when dealing with the rights and interests of occupational patients in practice, the laws and regulations have become too stretched. Basic case The 20th century, 90's, Yangmou, Chen, Zhang, Wu, on behalf of a 5 people have enrolled in Guangdong Huizhou L gem factory (hereinafter referred to as “L gem factory”), the plant is “three to one Fill ”trade processing plant (“ three to fill a ” that is, processing,