Diagnostic analysis of an occupational heat illness case caused by part-time work
10.20001/j.issn.2095-2619.20250417
- VernacularTitle:1例兼职工作所致职业性中暑职业病诊断分析
- Author:
Ruiyan HUANG
1
;
Bin LI
;
Xijin SHE
;
Xiaoyi LI
;
Shijie HU
Author Information
1. Guangdong Provincial Hospital for Occupational Disease Prevention and Treatment, Guangdong Provincial Occupational Disease Diagnosis Quality Control Center, Guangzhou, Guangdong 510300, China
- Publication Type:Journal Article
- Keywords:
Occupational disease diagnosis;
Labor relations;
Employment relationship;
Worker;
Employer;
Part-time employment
- From:
China Occupational Medicine
2025;52(2):212-215
- CountryChina
- Language:Chinese
-
Abstract:
This study analyzes the legal application of a dispute over employer identification in a case of occupational heat illness caused by part-time work to clarifying matters related to employer determination in occupational disease diagnosis using a case analysis method and factual reconstruction. The analysis is based on relevant civil laws and regulations, occupational disease diagnosis laws and regulations, and jurisprudential theories. The occupational disease diagnostic institution identified the part-time employer as responsible for the patient′s heat illness, which was both reasonable and lawful. This attribution safeguarded the rights of the worker, the primary employer, and the part-time entity. In occupational disease diagnosis, attention should be paid to de facto employment relationship, and the principle of "accountability lies with the actual employer at the time of the incident" should be followed to standardize employer identification. The health administrative department has supervisory responsibilities over occupational disease diagnoses. Workers′ compensation rights can be protected through the advance payment mechanism for work-related injury insurance. It is recommended to further improve internal procedures for occupational disease diagnosis, strengthen the dissemination of relevant laws and regulations and enhance the capabilities of occupational disease diagnosis physicians, to further protect workers' occupational health and their associated legal rights.
