Study on Ways to Improve the 48 Hours Clause Concerning Work-related Injury

摘要

The clause "Dying of sudden diseases within 48 hours is deemed as work-related injury" is defined clearly in the identification of work-related injury in China, though it plays an active role to some degree in protecting the rights and interests of laborers, yet there are still lots of disadvantages existing in practice, which is urgent for improvement. Considering the frequent death from overwork occurring in recent years, the article, based on cases, analyzes problems existing in the clause and suggests that the work factor should be emphasized in the identification of work-related injury and a legal concept of death from overwork shall be established initially to solve the dispute over the 48 hours clause, based on the analysis, the overwork death is finally incorporated into the work injury system so as to improve the identification standard and solve the difficulty of the time.