On the right to occupational disease diagnosis / 中国职业医学

ABSTRACT

The right of occupational disease diagnosis is a worker's right to occupational health protection, and a procedural right to protect substantive rights. Its contents include the submission of occupational disease diagnosis, the application for occupational disease diagnosis and appraisal, as well as the cooperative obligation of the parties. The right of occupational disease diagnosis and appraisal is the embodiment and extension of the right of occupational disease diagnosis. For workers, the right of occupational disease diagnosis is private, and waiving the diagnosis of occupational diseases is a personal right. For employers, there is no legal right to request initial occupational disease diagnosis, but there is a right to apply for occupational disease diagnosis appraisal and to request re-diagnosis of occupational diseases. The cooperative obligation in occupational disease diagnosis is to guarantee the initiation and smooth progression of the right to occupational disease diagnosis. After workers request occupational disease diagnosis, if they unreasonably refuse to cooperate in health examinations or medical examinations during the diagnosis process, it can be considered as waiving the right to occupational disease diagnosis. If the employers apply for appraisal of occupational disease diagnosis without paying the appraisal fee, it can be handled as waiving their rights or withdrawing their appraisal applications. When workers apply for occupational disease diagnosis or appraisal of occupational disease diagnosis, but the employer refuses to pay the corresponding fee, it does not affect the progress of occupational disease diagnosis and appraisal work. In this case, the employer should bear the corresponding administrative responsibilities according to law.