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目前全国已有17个省(市)的500个市县试行了工伤保险制度。但在工伤保险具体业务操作过程中,由于一些地方的工伤保险暂行办法及实施细则对认定工伤条款中“意外”一词未进行法定的规范释义,因而只能根据事件发生的情况予以理解,从而判定是否属于“意外”。这必然会引起工伤认定工作的诸多争议,并在一定程度上影响工伤保险工作的顺利开展。
At present, 500 cities and counties in 17 provinces (cities) have piloted a work-related injury insurance system. However, during the operation of industrial injury insurance, the Interim Measures for the Administration of Work-related Injury and the Detailed Rules for Implementing the Regulations on Work Injury Insurance in some places do not provide for statutory interpretation of the term “accidental” in the terms of work injury and thus can only be understood in light of the circumstances of the incident. Determine whether it belongs to “accidental.” This will inevitably lead to many controversies about the identification of work-related injuries, and to a certain extent, it will affect the smooth implementation of work-related injury insurance.