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Efforts to keep employees away from "pneumoconiosis"
In recent news, a group of 192 elderly patients suffering from pneumoconiosis in Xining, Qinghai Province, have faced repeated rejections in their long-standing efforts to apply for work-related injury recognition and claim state compensation. With an average age exceeding 60, these patients have been struggling for years to gain legal support, sparking widespread public concern. Online discussions reflect strong public outrage over the injustice they face.
This issue is not isolated. In 2009, Zhang Haichao's case, where he underwent a painful open-chest lung test to prove his occupational illness, shocked the nation. His extreme actions highlighted the immense challenges faced by those suffering from pneumoconiosis in seeking justice. It revealed how difficult it is for such patients to assert their rights, often leading to desperate measures.
Pneumoconiosis poses serious health risks. While some may experience reduced quality of life, others face fatal consequences. According to the "National Occupational Disease Report 2012" by the Ministry of Health, 24,420 occupational disease cases were reported nationwide in 2012, with 24,206 being pneumoconiosis cases—accounting for 88.28% of all reported cases. This makes pneumoconiosis the most common occupational disease in China. However, the difficulty in securing legal rights for these patients remains a major challenge.
The root causes of this problem are complex. Many believe that existing labor laws, including the Occupational Disease Prevention Law, have loopholes and are poorly enforced. These shortcomings make it extremely difficult for patients to defend their rights. A survey by the former Ministry of Labor and Social Security found that over 500,000 occupational disease cases exist in China, with more than half involving migrant workers. These workers, often lacking formal contracts, face even greater obstacles in proving their employment relationships when they develop occupational illnesses.
Migrant workers typically work under unstable conditions, with low contract signing rates and long incubation periods for diseases like pneumoconiosis. By the time they realize they are ill, they may have already left their previous employer and lack any formal proof of employment. This leads to situations where companies deny responsibility, refuse to provide compensation, and avoid legal accountability.
When patients attempt to seek help through labor arbitration or court proceedings, they often face additional hurdles. They are told that an official certificate from their employer is required for occupational disease assessment, which many companies refuse to provide. As a result, many patients are left unable to complete the necessary identification process, leaving them in a state of desperation.
According to China’s Labor Contract Law and Work Injury Insurance Regulations, employers are legally required to sign labor contracts with employees. Government labor departments should ensure compliance, while trade unions and family members should assist affected workers in applying for work injury assessments. The key is to help workers establish factual labor relationships, even when formal contracts are absent.
China has numerous laws and regulations addressing occupational diseases, including the Occupational Disease Prevention Law and the Work Injury Insurance Regulations. Despite these legal frameworks, many enterprises fail to comply, and enforcement remains inconsistent. Although government inspections have increased, violations persist due to low penalties and weak enforcement.
The real challenge lies in the implementation of these laws. Relevant authorities must prioritize enforcement, hold violators accountable, and support workers in their claims. By improving legal protections and ensuring fair treatment, we can reduce the suffering of millions of workers affected by pneumoconiosis.
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