OPINION> EDITORIALS
Occupational hazard
(China Daily)
Updated: 2009-07-28 07:52

Such an injustice should not have happened: an occupational disease patient had to have his chest cut open to testify that he did suffer from such an ailment. Even so, he is finding it very difficult to get due compensation.

This migrant worker, who worked for three years from 2004 to 2007 in a fireproof brick factory in Zhengzhou, central China's Henan province, was diagnosed by several hospitals including big ones in Beijing as suffering from pneumoconiosis. But the local occupational disease prevention institute, which has the sole authority to examine and certify such diseases, diagnosed him as suffering from tuberculosis.

To expose the blatant lie, the worker, despite the objections of doctors at a local hospital, insisted that his chest be cut open to ascertain whether or not he was suffering from pneumoconiosis. The operation confirms that his lung is seriously affected by dust inhalation. However, the local government department that received the worker said that no diagnosis certificate other than from the occupational disease prevention institute was valid as proof of his condition.

In his attempts to get compensation for the disease contracted by working in terrible conditions, he has run up medical expenses of 90,000 yuan ($13,200), which have left him deep in debt. He is determined to fight on until he wins the battle.

His case has attracted the attention of the central government. The Ministry of Health sent an investigation team, as did the local provincial government. The local government has also organized an investigation into the working conditions of enterprises, which are likely to cause occupational diseases. He still entertains the hope that he will succeed in winning compensation.

But he is only one of many in the same situation. And, justice can hardly be delivered for the rest unless the flaws that this case has revealed in both the related legal codes and mechanism are adequately addressed.

The law on occupational disease prevention stipulates that diagnosing of such disease must be based on the analysis of the patient's vocational experience, his or her contact with hazardous working conditions and investigation of the working spot. In addition, the working unit must provide information related to labor protection. This case shows that the authorized institute will not diagnose a patient without a certificate from the patient's working unit.

This underscores how hard it is for a person suffering from occupational disease to be compensated. How can we expect an enterprise, which is unwilling to improve working conditions and provide necessary labor protection, admit to being the culprit ?

This worker's struggle points to the need for an authorized occupational disease prevention institute to be placed under effective supervision to prevent it from being on the side of the enterprises.

At a more specific level, the enterprise at fault and the institute responsible for the denial of a worker's right should be dealt with under the law. And, thereafter, the loopholes in the system plugged.

(China Daily 07/28/2009 page8)