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在发生了工伤事故时,进行工伤认定理应是顺理成章之程序选择,但工伤认定需要因工受伤的人提供证据证明其是在工作期间因职业活动受伤,举证责任很难完成。在没有签订劳动合同时用工单位倾向于否认劳动关系,给申请工伤认定增加了障碍。此外,工伤认定后续的劳动仲裁和法院一审、二审诉讼程序均充满了变数,且迟来的公正往往让当事人不能承受。因此,如果发生工伤时存在机械伤害或者其他产品侵权的情形,应及时对该机械产品进行产品质量司法鉴定。本文指出在证实有产品缺陷存在时,即可优先选择缺陷产品侵权诉讼,避免被拖入无休止的工伤赔偿程序。
In the event of an accident at work, the identification of a work injury should be a reasonable choice of procedure, but the work injury is identified as need to provide proof of injury due to occupational injuries during work, the burden of proof is difficult to complete. In the absence of a labor contract, labor units tend to deny labor relations, to apply for injuries identified as an additional obstacle. In addition, the work-related injury finds that the subsequent labor arbitration and court proceedings in the first instance and the second instance are full of variables, and the lateness of the impartiality often makes the parties unacceptable. Therefore, if there is mechanical injury or other product infringement in the event of injury, the product quality forensic appraisal should be carried out on the mechanical product in time. This paper points out that in the presence of product defects confirmed, you can give priority to select the infringement litigation of defective products, to avoid being dragged into endless work injury compensation procedures.