Under the capitalistic economy, workers are engaged in their work through labor contract - due to employer's control and instruction. During working, if workers suffer from accident due to realization of immanent or accompanying work danger, the empl...
Under the capitalistic economy, workers are engaged in their work through labor contract - due to employer's control and instruction. During working, if workers suffer from accident due to realization of immanent or accompanying work danger, the employers who get profit and control the danger should take responsibility against industrial accident.
As Industrial Accident Compensation Insurance System is for the purpose of life security of the inflicted workers and their bereaved families with the premium collected from employers, the relation between work and accident shouldn't be simple casual relationship but should be required causal relationship by considerable reason.
Overwork is an induced factors not a direct cause of getting sick and worse, most of accident from overwork don't take place by simple cause, but they have connection with worker's basic diseases and living habits. Accordingly by what basis we should recognize accident from overwork as occupational accident, it's very difficult problem.
Industrial Accident Compensation Insurance Act has regular legal standard about brain and heart blood vessel diseases which are partly explained by medical and pathological standard. In this standard, the induction of unlisted brain and heart blood vessel disease are medically evidently proved to be connected with their work considerably or the listed brain and heart blood vessel diseases have stricking physiological change or mental and physical overwork which giving striking influence caused the diseases, they are recognized as occupational diseases. I think it is against the purpose that it became strict standard comparable to existing precedent trend, moreover under the Industrial Accident Compensation Insurance Act, the diseases and death connected with work are regarded as occupational accident and are widely recognized causal relationship.
In case sudden death from heart disease are regarded as sudden death from heart diseases no possible cause of death fail to find and incase through autopsy and as our society became complicated and competitive, the increasing mental handicapped and suicide should be protected legally by gradual stipulating to the existing standard.
As the precedent adopted the theory of promoting of outbreak of illness or the theory of overburden to judge considerable casual relationship of accident from work, so it cause the problem of equity among individual cases, the intention and purpose of Industrial Accident Compensation Insurance System is life security of inflicted workers and the bereared families so it should be unified as the theory of promoting of outbreak of illness covering wide range of protection and should judge consistently.
In lots of cases, accident from overwork is impossible to prove medical causal relationship clearly. However the precedents don't recognize occupational accident on liver disease, rare disease, cancer, because there is no medical ground overwork or stress are cause of getting ill and getting worse or they are diseases which are not found the cause of getting and worse by modern medical science. Moreover the precedent impose the verifying responsibility of causal relationship to workers, in case of accident from overwork, I think it is necessary to ease up or reduce the responsibility not conversion.
The essential to judge about occupational accident is not medical judgement whose purpose is finding medical cause but legal judgement as the accident concerned is worth applicable to Industrial Accident Compensation Insurance System. Accordingly in judging occupational accident on outbreak or getting worse of certain disease if occupational accident and stress are recognized, and the causal relationship among them are not contradicted and if there is no other reason which private dangerous factors caused the disease. They should be recognized as occupational accident.
Industrial Accident Compensation Insurance Act don't recognize the accident caused by worker's own intention or error as occupational accident. Because intention is involved is worker's own field, it is not the danger of working relation which cause employer's compensation responsibility, so it is regarded to interrupt the relation of work. But suicide caused by overwork is also basically among the judgement by judging synthetically every circumstances connected with suicide through general experience, so the causal relationship between suicide and work are recognized suicide from overwork should be recognized as occupational accident.